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.

Tuesday, July 12, 2022

CRITIQUE OF PAROCHIAL FEDERALISM, II

 

To continue with this critique of the parochial federalism view of governance and politics, this posting delves more extensively into that view’s bias toward limited parameters of what or who should be included within its purview and how that leads one to consider the issue of who is a person.  As indicated earlier in this blog, the construct did establish a general partnership of the citizenry under the auspices of the US Constitution, but in practice, that did not include everyone, at least as the common folk perceived that relationship.

That is, at least at an emotional level among the people, its inclusion was limited to the descendants of Western Europeans.  And even there, such nationalities – especially the Italians and Irish – were not readily included.  The last posting took this exclusionary bias and was addressing how it expressed itself into high – even oppressive – levels of conformity as late as the 1950s. 

Given today’s notions of personal liberty, a product of natural rights’ dominant position in American society in the last seventy years, this level of social conformity seems unthinkable – as to, for example, what one should serve at a dinner party.  And in parochial federalism’s opposition to the natural rights view, it would not, if it somehow could replace the natural rights view, exert such control.           Basically, such control is deemed as being disrespectful of individual integrity.  Parochial federalism, for all its rhetoric of individual integrity, was – in its day – never developed by its devotees in such a way as to address that issue squarely.  As a consequence, in practice, abuses were not only common but institutionalized. 

Such decisions as whom one could marry, who could buy the house next door, who could apply for a job, and so on, were based on such arbitrary criteria as race, accent, marital status, religion, and the like.  Often such practices were supported by local law and formal sanctions enforced a vast array of exclusionary customs and norms.

Exclusivity became much more common than the heralded guarantees of equality so eloquently defended and enshrined in the documents of the founding fathers of the republic.  This account asserts the claim that one of the driving forces toward the social revolution that led to the dominance of the natural rights perspective in the late 1940s, 1950s, and 1960s was the desire of excluded groups to be treated in equitable ways.  Actually, that process is still unfolding.

Such efforts as the civil rights movement of African Americans to force the political and social communities of the nation to live up to the promises contained in those founding documents proved, to a degree, to change laws and even customs.  While the nation has not eliminated all vestiges of the more exclusionary times, a more equitable social/political environment prevails.  Unfortunately, that necessary revolution helped overturn the whole federalist-republican ethos as the prevailing social/political construct of the nation.

Individual integrity is primarily defined by how rights are defined and thought of by the public.  And closely associated with a lack of definitional clarity as to what rights are, what rights people have, and what constitutes individual integrity is the inability or unwillingness of the American social/political culture to address who is a person. 

A review of the Constitution demonstrates how important the term or concept is.  For example, Amendment Five reads:

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

As this amendment demonstrates, the idea of “person” plays a central role in identifying rights.

This problem – a lack of a clear definition – was true during the period when parochial federalism was dominant and still exerts a very serious concern today.  The inability of the political-social culture to arrive at an acceptable definition of a person made it impossible to settle the slavery issue in the 1800s, short of civil war.  And today, the lack of clear definition affects the whole contentious politics surrounding whether women have the right to abortions.

Today, along with the abortion issue, there exists impregnation through vitro fertilization.  Currently, state legislatures, in the wake of the Dobbs v. Jackson Women’s Organization decision – that overturned Roe v. Wade (and related cases) – are considering defining the state of personhood beginning at conception – a purely religious notion.  But with a lack of previous definitional agreement among the American people, this development can be seen as probably inevitable and based on a less than majority supported solution or definition.

And that does not even mention various genetically technical developments – such as cloning – which promises to present challenges in the future.  And those challenges will probably include emotional issues because of this lack of a consensus.  This is a question demanding a cultural answer – more encompassing than a Supreme Court decision – because, unfortunately, science or law cannot give a nation a definitive answer that will be readily accepted.

At stake is the determination of who or what will be given individual status with all the integrity and rights attached to that status.  Therefore, this nation’s political/social perspective must have an answer for that question if it is to avoid the constitutional turmoil that the nation is currently experiencing as a reaction to the Dobbs decision.  Unfortunately, parochial federalism merely counted on local notions as to who was a person.

And the claim here is that the question demands a national debate – one that should have been conducted after the Roe decision – to arrive at an answer.  So far, the issue has been skirted with such questions as when does humanness at the individual level begin.

One can argue that humanness or human life begins at conception, but that embryo has none of the attributes one associates with a human being – a person – and that includes any level of self-awareness.  Or one could argue – as is often done – that human life, as with that embryo, begins at conception, but the same can be said of a human cancer cell (also human life, albeit with a damaged DNA).  The concept “person” without any attributes that denote an ability to think, consider, and be able to make decisions – at least at some level – seems to be seriously deficient.

It, instead, smacks of some religious belief – such as that a conceived being has a soul.  One might add, a belief not shared by all religions.  To rely on such a rationale for the Dobbs decision approaches, if not crosses, the barrier the First Amendment includes against the establishment of a religion. 

For one can establish a religion in various ways, including the demand that citizens must live according to the precepts of a religion or a group of religions.[1]  And all this stems from parochial federalism not providing an answer or enough conceptualized direction toward defining what constitutes a person.

Another shortcoming of the traditional federalist perspective is a lack of a clear structural component guaranteeing a non-centralized system and that will be the topic of the next posting.  But before leaving this concern over personhood, this blogger cannot overemphasize how a lack of a clear and definitive definition has led to untold suffering and wasted resources.  And it is an issue that should be revisited every twenty or so years – once per generation[2] – so that the American people can live harmoniously with whatever definition a given population – thru majority rule – decides is workable for the challenges it is facing.



[1] Can religion play any role in the formation of policy?  Yes, this blogger would claim, it can inform the consideration of enacting policy or doing away with policy, but it cannot be the sole basis by which policy is determined.

[2] Another possible way to meet this need is for a system in which some percentage of the populace signs a petition calling for the initiation of a process in which the issue is discussed, considered, and can potentially institute a newer definition.  Of course, such considerations would include any costs entailed with changing the prevailing definition.

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