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.

Friday, June 11, 2021

FROM DIVISION TO INACTION

 

In continuing with the topic of the last posting, this one further shares Daniel Elazar’s review[1] of the obstacles the founding fathers faced.  That is developing a national governing model that remained true to their collective bias for republican / federalist values.  In short, the obstacles were a vast land mass and a diverse populous.  The history of such efforts seemed to always count on despotic rule to provide effective governance.

          Of any hope, at least as one studied the situation, was to either follow the model of Great Britain which was a single unified polity but that honored the diversity of the governing population or to establish a loose confederation of independent / sovereign states united only for purposes of mutual defense and foreign relations. 

The latter option was looked upon dubiously out a fear that it could degrade from inadequate rule even in terms of foreign relations.  And, as mentioned in the previous posting, the unified option – a la Napoleon and France – was popular among the military.  One of its “sons,” though, Alexander Hamilton would argue for a constitutional monarchy – a la the British model – at the Constitutional Convention.  Instead, the founders first chose the second option, the loose arrangement, by adopting the Articles of Confederation and in a few years determined that that was an unworkable model.

One thing the founders learned was that the “loose” option only led to elite factions undermining the liberties of sizable numbers within the political landscapes of the various states.  Those who represented these factions – one can by implication count Patrick Henry in Virginia – maintained their staunch support of this option.  Later, they will make up the Anti-Federalist contingency during the debate over the ratification of the federal constitution.

So, what was chosen – option one or option two?  Neither.  The founders instead invented yet another option.  They first acknowledged that a single nation had evolved in the years since the first settlers made their way to North America.  Two wars and common challenges cooked up this resulting American people. 

That meant that a sufficient common culture and way of being existed, albeit barely, to create a single polity.  But there was enough distinction among the states to not ignore the diversity that existed.  And their steadfast determination to not cater to those who advised despotism should not be underestimated in understanding what happened.

If the experiences taught them anything, it taught them that “smallness” did not guarantee a protection from despotic tendencies and even its actuality.  Smallness could be despotic just as well as bigness.  And another lesson learned was that democratic majorities can also be despotic.  Pure majorities can and had overrun the rights of individuals and minorities.  Therefore, they set out to establish a qualified majority rule arrangement.  As Elazar puts it,

 

Pure democracies, in particular, were subject to the sway of passion and hence to the promotion of injustice, and even republics were susceptible if faction was allowed to reign unchecked.  As friends of human liberty and popular government, they felt it necessary to create a political system that would protect the people from despotic governments whether they be large or small, democratic or not.[2]

 

The proposed solution was one of countervailing forces; a federalist model provided such an approach. 

How?  By allocating sufficient powers to various levels so that they could then compete in arenas of vying, opposing interests.  In this way no one faction could control what transpires as these conflicting interests work out their differences in local and national arenas.  Among the resulting balances would be the overall limits on governmental excesses and popular passion.  For example, federalism allowed for national governmental entities to compete with regional (state) governmental entities while maintaining a popular governmental model.

          In short, the founders devised a “republican remedy for republican diseases.”  Was it a centralized remedy or decentralized remedy?  It was a non-centralized one.  That is, the devised system has no central body with sole sovereign power.  Instead, an original shared sovereign approach was instituted with the resulting constitutional instrument the founders developed in 1787. 

Yes, one level, when the chips are down, has final say – that being the national government – but an honest respect for the sovereignty of each level was to be maintained – and it has been.  Students of this innovation gave it a name, “checks and balances,”[3] and civics students learn that this attribute is one of the Constitution’s principles.  And given that within each government there were divided powers, the overall polity was to be set up to deny any element within it too much power, but yet with enough power to meet those responsibilities that element was created to meet.

And this separation of power, writ large, extended to other political institutions such as political parties (with national and state organizational structures) that the founders did not even foresee.  The federal model, therefore, became culturized or institutionalized within the various political entities including private ones such as corporations.  The result is the “infiltration” of federalist principles among the diverse array of institutional elements of the civil society. 

One can look at the arrangements by which the public school system of the nation – that is, the fifty different public-school systems – and how educational policy is issued and implemented.  This does not preclude problems arising from this structure, but that it exists no one can doubt, and no one can ascribe a despotic control over the American educational system.

And the balance sought – one that Americans have frequently asked since – was between bestowing sufficient power, while at the same time ensuring that those with power seek and secure sufficient consent from the various corners of interests regarding proposed policies.  To get something big done, one needs significant consensus among the various factions that make up the American political scene. 

Currently, that is being judged as a challenge in that various problems – e.g., environmental problems – go untreated.  Unfortunately, one can at least suspect that various politicians today do not fully appreciate what is at stake, but perhaps a sufficient number of voters might resolve this inaction.  And again, the prevalence of the natural rights view seems to be an obstacle of no small consequence.

While it often, as the current headlines of today demonstrate, draws criticisms for inaction, it, the federalist arrangement, has protected the American public from a government running roughshod over the nation.  If anything, it is not majorities that seem to have undermined this federalism, but the power of a minority with excessive moneyed assets that seem to have provided a despotic character – not just today but since the development of first a national economy and now a global one.

The model that was devised, though, took significant strides toward ascribing respectful and meaningful allocation of power to the individual factions that existed at the time and since there have been meaningful accommodations to meet the growth of the economy – for example, instituting national programs that attempt to retain more local elements such as Social Security. 

This blogger sees the main threat comes more from cultural elements.  The nation no longer looks to federalist thought in its political calculations, it now looks to the transactional based view of natural rights instead.  Hence, one has the indecisive reaction one sees in how Americans react to the various political challenges of the day.



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

[2] Ibid., 21.

[3] This blogger has been instructed that the term “balance” did not refer to a weighing scale, but to the mechanism of clocks of those times that slowed down the operations within those clocks to allow for accurate measures of time.  The analogy was just that, to slow down governmental reactions to increase the probabilities of devising prudent policies.

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