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 15, 2022

JUDGING PAROCHIAL FEDERALISM, V

 

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

Continuing from the previous posting, Donald Lutz[2] points out that between the Declaration of Independence and the preamble of the United States Constitution, a national people is created, and the basic values and commitments of that people are laid out.  At first reading, the Declaration seems to be a list of grievances.  But these grievances represent a set of values.  The exact grievances are similarly found in the constitutions of several states.  They are also found in scores of newspapers of that time.

          The Declaration follows the covenantal formula first utilized in America in the Mayflower Compact in the early 1600s.  Lutz entertains the question of whether the Declaration creates one people or is the covenant of thirteen separate people.  There are references within the document that support both positions:  on the side of “one people,” the reference of the American colonists as separating from another – the British – and the quote, “good People of these Colonies,” supports the idea of a national people and the reference in the last paragraph, “Free and Independent States,” bolsters the idea of thirteen peoples.

 

Of course, Americans today possess something like dual citizenship whereby they are simultaneously citizens of the United States and of their respective states.  One could view the Declaration of Independence as containing implicitly the first statement of dual citizenship by more or less balancing references to a national people and to state peoples, thereby implying that both are created at the same time.  It is interesting that the document tends to use group language for the creation of a single people toward the beginning and language for multiple state peoples toward the end.  The list of grievances refers at times to things the king has done to hurt a colony or a colonial government, and at other times to things he has done to harm all Americans.[3]

 

Lutz states that this duality demonstrates a federalist conception in that the national union is being created but maintaining the integrity (and this case sovereignty) of the constituent parts.

          In addition, this “The unanimous Declaration of the thirteen States of America” reflects a unanimous decision.  The covenant was not unanimous on July 4, 1776.  New York did not agree to the covenant until July 15 and not all of the signatures were affixed to the document when the Continental Congress formally approved the agreement on January 18, 1777 (missing the name of Thomas McKean) and printed it.  Despite this, the document was re-titled to include the word unanimous.

          Lutz explains,

The change in the title was an attempt to present a united front against Britain.  One can also view the insistence upon unanimity as recognition that a compact does not bind those who do not sign it or agree to it.  If we are to have a national people, a national compact, both John Locke and the American colonial constitutional tradition required that the agreement be unanimous.[4]

 

What are some of the specific values expressed in the Declaration?  A review provided by Lutz demonstrates the connection between those values in this document and those established by the colonial, federalist tradition.

          With the provision, “separate and equal station to which the Laws of Nature and of Nature’s God entitle them,” Americans saw themselves as equal to the British.  This equality was based on Americans’ inalienable (nontransferable) right to render their consent or withhold their consent to a British constitution.  In true federalist spirit, this was a God-given right because God distributed the ability to do so equally among all.

          Lutz writes, “Just as in the Christian tradition, a poor person and a rich one are equal in the sight of God, a small nation is equal to the largest nation once it forms itself by a compact based upon unanimous consent.”[5]  Therefore, “all men are created equal” not only refers to the notion of equal individuals, but also to equal peoples; i.e., the American people being equal to the British people.

          In terms of the pronouncement that the truths proclaimed in the document were “self-evident,” they were so from a biblical or an Enlightened basis.  The quote, “Nature and Nature’s God,” refers to either the belief in God from a religious perspective or in the natural law which the Enlightened thinkers argued included human nature.  Either way, religious or rational thinkers, Jefferson felt, should be able to see the correctness of the values expressed.

          The grievances contain the following values and commitments:  legislative supremacy with a deliberate process for securing the common good, freedom of movement, independent judicial process, frugality in government based on the consent of the governed (representative government), free trade, trial by jury of one’s peers, the duty of government to protect its people from foreign and domestic violence, and deliberate governmental processes in general.

          And finally, and very significant, the Declaration of Independence does call on God to witness the agreement making this compact a covenant – giving it a religious foundation.  This last bit of context becomes notable given how the eventual constitution in 1787 takes on a secular standing in that it does not call on God to witness that agreement.

          With an extensive adoption of equality as a founding value, one quickly turns to the value of liberty.  Equality demands duty and obligation among the citizenry if it is to be respected – humans are readily motivated to dishonor equality if to do so, an individual interest is advanced.  So how this covenant treats liberty becomes centrally important.  This should be kept in mind as the following is read.

          A source which was heavily influential in providing ideas to be contained in the Declaration, and in which Jefferson also had a strong hand in preparing, was the Virginia Declaration of Rights and Constitution.  Actually, drawn up shortly before the Declaration of Independence was issued, the document illustrates the importance and context that the founding generation placed on individual rights.

          Article one reads:

1.    That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life, liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.[6]

         

This value, of course, falls logically within the federalist view of independent, consenting members to join and form a union or society.  But the question relevant to the concerns of this dialectical presentation is to what extent can resulting governments and their laws prohibit behavior, especially on moral grounds.

Article 16 identifies the bias of the founding generation and is central to federal thought:

16.  That religion, or the duty which we owe to our CREATOR, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty to practice Christian forbearance, love, and charity toward each other.[7]

 

In short, and taken with the ideas earlier shared by John Adams (in the last posting), the ideal of liberty was that a person was free to do what he/she should do.  To an advocate of parochial federalism, the legitimacy of a moral basis for governmental policy can be easily deduced from this passage and is part of the parochial / traditional federalism perspective.

          This posting will not continue and finish the presentation on isomorphism.  This blogger wishes to leave the reader with this last point to consider.  It zeroes in on the fundamental distinction between federalism and natural rights perspectives which, of course, is the central point of contention between the two constructs.



[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] Donald S. Lutz, “The Declaration of Independence, 1776” in Roots of the Republic: American Founding Documents Interpreted, edited by Stephen L. Schechter (Madison, WI:  Madison House, 1990), 138-145.

[3] Ibid., 140.

[4] Ibid., 141.

[5] Ibid., 141.

[6] Donald S. Lutz, “The Virginia Declaration of Rights and Constitution, 1776” in Roots of the Republic: American Founding Documents Interpreted, edited by Stephen L. Schechter (Madison, WI:  Madison House, 1990), 150-165, 154.

[7] Ibid., 157.

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