This blog is in the midst of describing the theory that guides its
efforts. Since this blogger wishes to prescribe
what he believes would be a better way to approach civics education, the
subject would best originate in political science. And as sciences do, it describes and explains
the relationships that its practitioners highlight in their research, i.e., how
relevant variables relate with each other if at all.
The last posting left the
reader with what Daniel Elazar claims are the two central variables that
political scientists should study. They
are power and justice. The first,
according to Harold Lasswell, is about who gets what, when, and how (this
blogger flippantly adds “and how much”), and Elazar states that justice is
about who should get what, when, and how – and why.[1] And to add a wrinkle, unlike other variables
that political scientists measure and analyze such as voting, justice demands
normative theorizing.
This blog incorporates
the normative theory of federalism as it applies to education and in that, this
blogger uses the term federation theory and prescribes its use as the central
theoretical basis for the teaching of governance and politics in the nation’s civics’
classrooms. It does so because the
alternative perspectives, according to Elazar, either do not relate to the rule
of the many (what the US has) or have not provided suitable “guidelines for
using power in order to live well.”[2]
This blogger has argued
that in the US there currently is the natural rights theory predominantly
serving as the basis for what is taught in government or civics courses at the
secondary level. This other view, based
on the legal concepts of the natural law philosophy, has experienced change
since the beginning of the nation. And
within its current rendition, the perspective is not so much a legal idea but a
cultural one.
Basically, it is defined
as the notion that one is allowed to engage in any activity as long as one does
not interfere with the rights of others.
This, among many Americans, has become the belief to the degree that not
even this last qualifier pertains. But
at any level, it generally does not impose any responsibilities and duties on people
beyond obeying the law, i.e., laws not offensive to natural laws.
What those rights are is
an open question. They definitely include
the enumerated rights contained in the Bill of Rights but are not
limited by them.[3] This perspective dovetails nicely with an individualistic
political culture that is prevalent today.[4]
On the other hand, a
federalist paradigm or theory can generally be described as a view that society
is based on a partnership among citizens, imposing the responsibilities such an
arrangement entails.[5] Needless to say, the adherents of each
perspective – natural rights and federalist rights – find themselves at odds
with each other as issues such as, for example, censorship arise in the national
media.
Usually, the respective feelings are
ill-defined because, as is often the case with cultural beliefs, the
acquisition of the perspectives is through experiences in which respective
values are treated as assumptions, providing an implied or hidden element. Back in 1996, Michael Sandel, using the label
– the liberal political philosophy – for the natural rights perspective,
describes it as follows:
The
political philosophy by which we live is a certain version of liberal political
theory. Its central idea is that
government should be neutral toward the moral and religious views its citizens
espouse. Since people disagree about the
best way to live, government should not affirm in law any particular vision of
the good life. Instead, it should
provide a framework of rights that respects persons as free and independent
selves, capable of choosing their own values and ends. Since this liberalism
asserts the priority of fair procedures over particular ends, the public life
it informs might be called the procedural republic.[6]
This perspective is the prevailing political theory to which this nation
adheres.[7]
Its adopted lessons – its
ideals and ideas – are accumulated through life and are supported in schools,
leaving a strong influence on the individual.
Sandel continues:
So
familiar is this vision of freedom that it seems a permanent feature of the
American political and constitutional tradition. But Americans have not always understood
freedom in this way. As a reigning
public philosophy, the vision of liberalism that informs our present debates is
a recent arrival, a development of the last forty or fifty years [of this
writing in 1996]. Its distinctive
character can best be seen by contrast with a rival public philosophy that it
gradually displaced. This rival public philosophy
is a version of republican political theory.[8]
Again, the terminology is different, but “republican political theory”
is the broader category and federalism is a type of that theory. And more specifically, Sandel is expressing
federalist propositions when he points out that this philosophy emphasizes
self-government that presupposes an active and intra-active citizenry.
This form of republican rule is concerned
beyond ends and addresses the prerequisites for meaningful self-rule. “It means deliberating with fellow citizens
about the common good and helping to shape the destiny of the political
community [which] requires a knowledge of public affairs, and also a sense of
belonging, a concern for the whole, a moral bond with the community whose fate
is at stake.”[9]
This sense has spurred reaction. Currently, there are movements attempting to inform
and promote a more communal view of governance and politics. The next posting will report on them but
before becoming aware of those efforts, the reader might consider what the
implications of a polity guided by excessive individual thought causes. One can make the argument that the current polarized
political landscape is a direct result of adopting the natural rights view as
the nation’s prominent view of governance and politics.
[1]
Daniel J. Elazar, “Federal Models of (Civil)
Authority,” Journal of Church and State, 33 (Spring, 1991), 231-254.
[2] Ibid., 231.
[3] Randy E. Barnett, “Ninth Amendment” in The Oxford Companion to the Supreme Court of the United States, edited by Kermit L. Hall (New York, NY: Oxford University Press, 1991), 589-592 AND “Ninth Amendment,” The Annenberg Guide to the United States Constitution (n.d.), accessed November 24, 2021, https://www.annenbergclassroom.org/ninth-amendment/ .
[4] Michael J. Sandel, Democracy’s Discontent: America in Search of a Public Philosophy
(Cambridge, MA: The Belknap Press of
Harvard University Press, 1996) AND Ava Rosenbaum, “Personal Space and American
Individualism, Brown Political Review (October 31, 2018), accessed
November 24, 2021, https://brownpoliticalreview.org/2018/10/personal-space-american-individualism/ .
[5] Daniel J. Elazar, “How Federal Is the
Constitution? Thoroughly!” Elazar, D. J.
(1994). 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.
[6]
Sandel, Democracy’s Discontent, 4.
[7]
Daniel J.
Elazar, American Federalism: A View from
the States, (New York, NY: Thomas Y. Crowell, 1966) AND Sandel, Democracy’s Discontent AND Seymour
Martin Lipset, American Exceptionalism:
A Double-Edged Sword (New York, NY:
W. W. Norton and Company, 1996).
[8]
Sandel, Democracy’s Discontent, 5.
[9] Ibid.