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, April 8, 2022

JUDGING PAROCHIAL FEDERALISM, III

 

An advocate of parochial federalism continues his/her presentation[1]

This blog is currently reviewing the efficacy of the parochial federalist construct.  It is doing this by presenting a set of conclusions inspired by Eugene Meehan’s[2] concerns – comprehension, power, precision, reliability, isomorphism, compatibility, predictability, control – plus two concerns added by this blogger – levels of abstraction, and motivation (the last two aimed at the construct’s application to curricular efforts).  To this point, the blog has reviewed the first four and will now turn to isomorphism.

          This concern refers to how well a construct matches, element by element, to that which it is describing, explaining, and/or evaluating.  A fifth conclusion, therefore, one can make from the evidence is that parochial federalism does have a one-to-one correspondence with the reality it is trying to explain – that would be the governance and politics of the American polity.  While volumes can be written about the formation of this nation’s national/state governmental structure, processes, and functions, they are derived from the application of federalist principles.  By reviewing that process, one can get a “case study” of how isomorphic parochial federalism is.

          What has been described in previous postings, though, still is at a certain level of generality that the reader might judge as too broad.  To demonstrate, though, that the parochial federalist construct addresses more of the one-to-one concerns involved with explaining the separate components of American government, more evidence is needed.

          While an exhaustive account of how the construct addresses all the aspects of the nation’s governmental arrangements is beyond the purposes of this account, what follows is a selected summary of evidence presented by Donald Lutz[3] that demonstrates that the federalist construct does address those varied components and permits a more granular level of analysis.  Lutz’s analyses are restricted to foundational evidence predating the US Constitution, but he identifies various far-reaching influences this exercise by the Puritans left for future generations.

          This is not to imply that actual development in the Constitution could not be analyzed using parochial federalism guidance, but extensive review of that sort would also be beyond the purposes here.  This blogger currently wants to illustrate, using an ample sample of evidence, that a one-to-one relationship between the construct and the area of study does exist.

          Starting with the Puritans who landed at Plymouth in 1620, certain federalist elements were established.  Lutz points out that the Puritans (specifically, the group known as Pilgrims) were a religious group that was interested in simplifying the religious practices of the English churches and ensconcing them in congregational (as opposed to hierarchical) structures.

          Being persecuted in England, they decided to venture to the new world, via Holland, and “create a new city of God – a society run according to the dictates of the Bible.”[4]  And in that effort, they applied the lessons they were exposed to in Holland where they acquired a Judeo set of ideas and ideals.

          Adopting the notion of a covenant, originally from Hebraic tradition and law of the Old Testament, the Puritans established a society and a politick on the following elements:  a bonding among the members of the covenant, a calling upon God to witness the bonding, and the consent of each member to join the resulting communal union.  This latter element was a basic component; each member was free to bond and did so of his/her own volition.

          Of course, all of this was accomplished by drawing up and signing the Mayflower Compact.

 

During the 1600s over 100 other founding documents similar to the Mayflower Compact would be written by American colonists.  Some of these agreements would create single settlements, while others (such as the Fundamental Orders of Connecticut) would join several existing covenanted communities into broader association.  In each case the people created by the agreement would be identified by those who signed the document.  It is a peculiarly American trait that founding documents like the Declaration of Independence and the United States Constitution have signatures at the end.  This expectation is part of the legacy of early agreements like the Mayflower Compact, just as “We the People” is derived from “We the undersigned.”[5]

 

          The Mayflower Compact accomplished several other important things basic to the nation’s political perspective.  First was establishing the principle of adding or admitting new members to a covenant.  Not all signees of the Mayflower Compact were Puritans.  A non-Puritan, though, was not given subordinate status.  A new addition was instead awarded equal status to every other individual of the original group.

          Those organizing this effort made this provision the beginning of a standard that led to the constitutional provision that all new states, as they joined the national union, would be granted equal status with the original thirteen states.  Of course, such constitutional protections such as equal protection under the law can be readily traced to this principle.

          The second significant aspect of the Mayflower Compact was its Lockean logic – foreshadowing the influence of the Enlightenment.  Before John Locke ever wrote a word, Puritans in America were living out his prescriptions by creating a society first and then creating a politick to govern it.  “On the Mayflower we find the colonists doing essentially everything that Locke would later recommend.”[6]

          One last contribution of the Mayflower Compact was its clear statement of political values.  These values included a commitment to justice, equality, respect for law, and community.  Individualism was not expressed in this foundational document.  Defined in religious contexts, the Puritans brought with them strongly felt values and principles that would evolve in the formative, colonial years and provide the basis for a future bill of rights.

          Lutz further points out that the Mayflower Compact did not present a model for governmental structure.  As such, it was not the first formal constitution in America.  That distinction goes to the Fundamental Orders of Connecticut, 1639.  This instrument drew up the provisions involved with the joining in federalist fashion of several Connecticut towns into a political entity that would evolve into the colony.[7]

          Again, Lutz identifies various insights into how federalism covers the topic by sharing several important features in the Fundamental Order document.  First, all three parts of government – legislative, executive, and judicial – were included in the General Court.  Second, the constituent towns kept their own governments. 

Third, these local entities maintained a great deal of freedom and, fourth, their citizen freemen were both citizens of the colony and their respective towns (a modern federalist arrangement).  The constitution specifically outlined the powers of the created government.  One can admire these colonists’ sophisticated understanding of governance.

Fifth, there was a “supremacy clause” included, giving superior power on points of legal conflict between the towns and the overarching government in relation to the power under consideration.  Sixth, in a more secular development, this constitution is not a covenant in that it does not call on God as a witness and is, therefore, a “regular” compact secularizing the agreement. 

And seventh, deserving a highlighted status, the Connecticut document bestows ultimate power to the people by being based on popular sovereignty.  That is, all the government’s power was derived from the people.  This document served directly or as the foundation of the constitution of Connecticut for 179 years.

This posting will end here with this report on the Fundamental Orders and point out that the next posting will begin with some reflective thoughts of John Adams on the contributions this document had on the nation’s early development.  But before one considers Adams’ thoughts, one can appreciate from the above descriptions how extensive and specific parochial federalist elements match up with the subject of how American political thought and subsequent governmental structures evolved.



[1] This presentation begins with the posting, “A Parochial Subject Matter” (March 11, 2022).  The reader is reminded that the claims made in this posting do not necessarily reflect the beliefs or knowledge of this blogger.  Instead, the posting is a representation of what an advocate of parochial federalism might present.  This is done to present a dialectic position of that construct.

[2] Eugene J. Meehan, Explanation in Social Science:  A System Paradigm (Homewood, IL:  The Dorsey Press, 1968).

[3] For example, Donald S. Lutz, “The Mayflower Compact, 1620” (17-23), “The Fundamental Orders of Connecticut, 1639” (24-35), “The Declaration of Independence, 1776” (138-145), “The Virginia Declaration of Rights and Constitution, 1776” (150-165), “The Articles of Confederation, 1781” (227-248) in Roots of the Republic: American Founding Documents Interpreted, edited by Stephen L. Schechter (Madison, WI:  Madison House, 1990).

[4] Lutz, “The Mayflower Compact, 1620,” Roots of the Republic, 18.

[5] Ibid., 19.

[6] Ibid., 21.

[7] Lutz, “The Fundamental Orders of Connecticut, 1639,” Roots of the Republic.

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