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, July 16, 2021

GOOD FEELINGS TURN SOUR

 

As the story goes, the War of 1812 began as mostly a reaction to Great Britain’s restrictions to American trade and the young nation’s ambition to expand westward.  In the way of this last aim was British colonial lands.  In the last posting, it was described as a short war, if any war can be short.  It lasted from June 1812 to February 1815.  And its conclusion led to a relatively unified time in the US, the Era of Good Feelings.  But one cannot say it was completely unified.  One region, New England, was not too happy with the war.

          So upset were New Englanders that representatives of the five states (Maine was not yet a state) met in secret at was called the Harford Convention.  On the agenda was the following:

 

·       concerns over the three-fifth compromise – the provision in the Constitution that allowed the southern states to count slaves as three-fifth a person for determining the South’s representation in Congress,

·       the requirement to have a two-thirds vote of agreement to admit new states, declarations of war, and establishing trade restrictions (seen as weakening the central government),

·       the Louisiana Purchase, and

·       the Embargo of 1807

 

While generally the Federalist Party favored a strong central government, in terms of these issues, the Federalist attendants at the conference felt Washington was exerting too much power.  Ironically, that power was inordinately in the hands of the South, a region that supported strong state government.  But then fate played a nasty turn on these delegates.

          Down in New Orleans, Andrew Jackson captured the imagination of his countrymen/women with a decisive victory over the British and the fact the peace treaty ending the war had already been signed did not diminish the battle’s romantic hold.  This reaction was so strong that it led to discrediting what the Federalist dissent and helped mightily to end that political party – or so the story goes although that simple assertion is questioned as being an exaggeration.

            For the purposes here, though, the end of the Federalist Party is the relevant fact.  And one can dig a bit closer to what was going on with these malcontents in New England.  They were so upset over their concerns that talk of succession was common among them.  When word of such talk got out, one can say that with the peace treaty all that successional sentiment was judged unpatriotic and even seen as traitorous.  After all, in terms of the war, it gave Americans its national anthem and that cannot, by association, hold the war too negatively. 

If nothing else, the war gave Americans the sense that they could successfully fend off any attack from Europe.  That fact put the fact that Americans did not accomplish any of the aims they sought in fighting the war, as not even being relevant.  In addition, it gave them two heroes, Jackson and William Henry Harrison, the former would establish the Democratic Party (more or less an outgrowth of the Democratic-Republican Party), and the latter helped establish the Whig Party.

The Whig Party would become the second major party.  Its viability extended from the 1830s to the 1850s.  And its initial impetus was an opposition to Andrew Jackson.  It drew its members from the National Republican Party, the Anti-Masonic Party, and Democrats that did not follow the general’s politics (some being former Federalists who fell into the Democratic Party as being the only viable party during the years following the War of 1812). 

What finally set them off was during Jackson’s Administration and its policies – anti-national bank and low protective tariffs (tariffs protecting domestic manufacturers that were just getting started and the importation of cheaper goods).  The election that convinced them the Whigs had to nationally unite occurred in 1836 when four of their candidates earned electoral votes but could not deprive Jackson’s vice-president, Martin Van Buren, his victory.

Since Van Buren was Jackson’s picked successor, his term was seen as Jackson’s third term.  In 1840, the Whigs united under the candidacy of William Henry Harrison and defeated Van Buren’s attempt at a second term.  But fate would then play its part in steering the new party in a bazaar fashion.  

First, due to the longest inaugural address in history given in inclement weather, the aged Harrison became ill and died one month into his term.  His vice president, John Tyler took office and shortly found himself at odds with the other prominent Whigs in Congress.  That would be Henry Clay among other Whig leaders and their point of contention was over the reestablishment of a national bank. 

Jackson had terminated the first national bank, 1791-1811, that Alexander Hamilton initiated during the Washington Administration.  The contingency of Whigs led by Clay wanted to reestablish such a bank and were able to pass through Congress various attempts to do so.  Tyler opposed such efforts. 

This proposed bank provision reflected not a dual sense of federalism, but a cooperative sense.  The Advisory Commission on Intergovernmental Relations, a present-day federal government entity funded by federal dollars, makes a distinction in one of its publications.[1]   That is the difference between a dual vision of federalism and a cooperative vision one can detect in American history. 

The dual vision holds to a federal model in which each level of government – the central government and the state government – mostly operate in different areas of governance, each respecting the other in its realm.  Of course, local areas of concern would be the province of the state and national areas of concern would be the province of the central government.  Cooperative vision sees both levels overlapping and cooperating among the various realms from local to national. 

Using this distinction, Tyler had a dual vision and Clay, in terms of banking, had a cooperative vision.  Everyone agrees that up until the New Deal in the 1930s, a dual vision prevailed, and since then, the cooperative vision has over-taken the American approach to federalism.

This account’s concern over this history can look at this structural debate as telling.  Both antagonists, along with Harrison, were originally Virginians (although Clay represented Kentucky) and both were previously either Democrats or Democratic-Republicans.  The split between Tyler and Clay started with the Nullification Crisis, 1832-1833, that spurred from an antagonism toward a national bank proposal and South Carolina’s reaction to it.

There, in opposition to a national bank, their legislature passed an Ordinance of Nullification, 1832, stating that a state had the right to nullify federal law within its borders.  Tyler sided with the nullifiers, Clay did not.  President Jackson, by the way, opposed this notion and threatened hangings for those who attempted to implement the policy.  Again, this debate reflected, to a highly antagonistic level, the difference between the dual view, the pro-nullification position, and the cooperative view, the anti-nullification position.

President Tyler took on a strict interpreter’s posture of the Constitution – what is called a strict constructionist – and he felt the bank, especially as it was to be structured, offended the federal character of the Constitution.  He especially objected to the law’s provision for the bank to have branches in several states. 

As President, therefore, Tyler’s vetoes of Clay’s bank bills and Clay’s obvious support of them were in line with their respective positions and either began or heightened the tensions that would eventually lead to the Civil War.  Most of the rhetoric that heated up the divisions within the US was mostly targeted over this contention of states’ rights to govern their affairs.  It wasn’t until the Civil War began that the verbal barbs identified slavery as the main point of contention.

But this account’s review of this national divide is still at the initiating stages.  And the next posting will further describe the role the Whig Party played.  This posting ends with Tyler and Clay at odds and Clay setting himself to displace Tyler as the Whig candidate in 1844.  This will prove to be unhelpful in establishing the young party on solid ground.



[1] The Federal Role in the Federal System:  The Dynamics of Growth (Washington, DC: Advisory Commission on Intergovernmental Relations, 1981).

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