A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Tuesday, March 16, 2021

EVEN IN NEW YORK, 1787 AND BEYOND

 

The last posting shared and described four arguments the scholar Daniel Elazar presents regarding the work of the founding fathers at the Constitutional Convention of 1787.  These four are the first of five arguments and they are,

 

1.     The Constitution was written by a committee.

2.     It was written as a political document, not a legal contract.

3.     As such, its terminology reflects current fashion as well as precise usage and strives for ambiguity where it was deemed politically necessary to do so.

4.     The framers of the Constitution draw upon more than one major source of ideas for their understanding of federalism.[1]

 

This posting will focus on the fifth argument:  The Federalist [Papers by Madison, Hamilton, and Jay], valuable as it is as a work of political thought and exposition of the Constitution, is not the whole commentary on the subject.”[2]      

This blog introduced this last argument by highlighting what Elazar emphasizes; it stated, “Collectively, the common opinion is that these writings … [were] the product of three sources:  classical education, … Hobbesian-Lockean social contract [theory] … and the writings of the Enlightenment thinkers.”  To these and of more importance is the influence of the “Biblical-Reformed-Puritan tradition.  But, Elazar adds, however one attributes influence, be it the classical/political theory view or the Puritanical view, “[b]oth traditions address the idea and practice federalism.”[3]

To demonstrate this, Elazar claims that the classical/political theory view contextualizes federalist unions as confederations and as such limits the view as a political arrangement that forms a permanent league but maintains sovereignty with the units constituting the league – an ascription that describes more accurately the polity formed by the Articles of Confederation.  On the other hand, the Puritanical view has a theological base – a federal theology.

Within that latter construct, the agreement forming the union is a covenant (or foedus) which, by design, grounds a resulting union and any such human relationships as part of the original covenant between God and man.  This is originally described in the Bible and is followed through with subsequent pacts.  One can describe a religiously sanctioned marriage agreement as such a union.  This mode of associating, emanating from the Judeo tradition, had evolved to be a viable theo-political model by the mid-eighteenth century.

Varied from the classical notion of a polis – a completely self-defined political entity which could collaborate with other poleis in some form of league – the Biblical framework allows for unions of polities under a shared common law and developed institutions.  And it was this latter view that took hold throughout New England.  The first to do so was Connecticut.  It was created by bringing together various settlements – towns – under unambiguous federal principles; that being a mixture of religious and political principles.

The agreement in Connecticut is known as the Fundamental Orders of Connecticut and note its date, 1639, only nineteen years after the Mayflower Compact was proclaimed.  And Elazar is quick to point out that the heirs of this earlier federalist founding authored the most important compromise at the Constitutional Convention forming the United States as a federal union, i.e., the Connecticut Compromise.

Elazar goes on to cite the work of Donald S. Lutz.[4]  This political scientist did an extensive document review of the Constitutional Convention and of the writings of that time and reports convincingly, according to Elazar, that the founders ubiquitously and powerfully relied on the Biblical-Reformed-Puritan tradition in the writing and adopting of the final Constitution.  That is, “Lutz found that the Bible was the most cited source by far.  Indeed, the Book of Deuteronomy, with its discussion of the Mosaic constitution for Israel, alone is cited more than any other source.”[5]

One factor that is often overlooked, and Elazar points out, is that The Federalist Papers were written and distributed initially to a New York audience.  By that time, New Yorkers had become fairly secular in their outlooks – had developed what Elazar calls an “individualistic political culture” – and a heavy dose of Biblical references could probably be a turn off.   As for the rest of the states, one found either the Puritanical tradition or the Scotch-Irish Presbyterian tradition being established and they, those Americans, were more apt to listen to Biblical references.

So, what can one judge The Federalist Papers’ to be in terms of reflecting the thoughts of the founding fathers?  Yes, they are useful, but in no terms should they be considered the sole authoritative source or commentary on why the Constitution is what it is.  Further, since the Constitution lays down the basic model of the polity, even if subsequent changes during the history of the US – for example, the secular turn toward a marketplace economy in the late nineteenth century – the basic ground rules remained federal. 

As such, all variances to the values and principles of governance and politics swarmed around this basic commitment – that of a federated citizenry.  That is, federalism remained the ultimate standard by which to judge these variances, even in New York of the late 1700s.  This blog aims to offer more evidence to this claim, but as for the Constitutional Convention, this blogger feels comfortable with the role that Elazar, Lutz, and others ascribe to federalism in the writing and adoption of the US Constitution.



[1] Daniel J. Elazar, “How Federal Is the Constitution?  Thoroughly!” In a booklet of readings, Readings for Classes Taught by Professor Elazar (1994), prepared for a National Endowment for the Humanities Institute. Conducted in Steamboat Springs, Colorado, 1-30, 3-4.

[2] Ibid.

[3] Ibid., 5.

[4] In full disclosure, Dr. Lutz served on this blogger’s doctoral committee.

[5] Elazar, “How Federal Is the Constitution?  Thoroughly!,” 7.

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