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, February 4, 2022

THE FED GOVERNMENT REACTS

 

[This blog is amid a series of postings that aims to share with the reader a history of the nation – albeit highly summary in nature – from the perspective of a dialectic struggle.  That is the struggle between a cultural perspective that emphasizes more communal and cooperative ideals of federalism and the individualistic perspective of the natural rights construct.

The general argument this blog has made is that federalism enjoyed the dominant cultural position in the US until World War II, and after a short transition, the natural rights view has been dominant.  Whether one perspective is dominant or the other; whichever it is, that fact has a profound impact on the teaching of civics in American classrooms.]

 

The last four postings took a side road from the narrative this blog is sharing.  That overall narrative is a telling of the nation’s experience from a dialectic lens.  The narrative reached the debate that the Progressives started between the followers of a more federalist view – that of Louis Brandeis – and that of the New Nationalism posed by Theodore Roosevelt.

The federalist view argued for a revitalization of local communities and jurisdictions to meet the challenges posed by the newly developed corporations.  The Roosevelt side argued that it was too late for such localism, that these corporations were too strong and provided too many efficiencies to reenergize those local entities to again become viable, political forces. 

This debate initially motivated this blogger to address the democratic quality of the US – which is being questioned today – and, in turn, a further departure was entertained in which the demands of a minority of supremacists were described and explained to a degree.  Of course, this last issue also has current relevancy.

But to continue the initial narrative, which side won the debate between the federalists and the nationalists?  What resulted was neither a Progressive movement that restored, to previous levels, a local, communal agenda nor a new nationalism as defined by Roosevelt and his advisor, political philosopher, Herbert Croly.  What emerged, according to Michael Sandel,[1] was an agenda that defined the problem of America as one of bigness but from the perspective of the consumer.

American consumers demanded professional government, which was honest and efficient, and as product consumers, they demanded products that were safe and met those products’ advertised benefits.  They, the consumers, demanded recreational areas, clean environments, and preserved natural beauty.  And as laborers, they demanded safety in the workplace (this last demand was less aggressively pursued).  In short, problems were couched in terms of consumer demands.

Within this agenda, the government could develop policy without a moral commitment.  After all, the demands were by consumers which called for a utilitarian approach.  If those who demanded the changes had the votes, the government could provide relief in a detached, professional mode.  This last point indicates the transactional character of the natural rights view.

 

The republican tradition had attributed to economics a broader moral and political purpose, and the early advocates of antitrust, true to this tradition, had assessed economic arrangements for their tendency to form citizens capable of self-government.  Arnold [an advocate of the consumerist view] dismissed this “old religion” as a sentimental notion out of place in an age of mass production.  He was the first major antitrust advocate to reject altogether the civic argument for antitrust and to insist exclusively on the consumerist one:  “there is only one sensible test which we can apply to the privilege of [a large] corporation, and that is this:  Does it increase the efficiency of production or distribution and pass the savings on to consumers?”[2]

 

So, from a psychological point of view, the Progressive era did significantly encourage Americans to look to the central government as a more active entity to protect their “consumer” interests in relation to the economy and the government.

          And the consumerist mode of thinking defined that pronounced role in a neutral form much like a retail business provides its goods and services to consumers.  This neutral approach to the problems associated with corporate political and economic power and the resulting loss of civic concern set the stage for the next big blow to localism and community in American nation.  That was the New Deal.

          Like the Progressive Movement, the New Deal had within itself a debate over the role of local communities for civic matters.  Spurred by the crisis of the Great Depression, Franklin Roosevelt was confronted with the decision about whether industrial associations, communities of interests within each industry as called for under the National Recovery Act, or whether governmental, central planners should set national economic policy. 

Robert Higgs[3] provides a useful summary of expenditures that both the federal government and local/state governments paid during the 1930s, the years that the New Deal was administered.  He directly addresses this issue of whether the New Deal actively set out to diminish or eradicate the role of local jurisdictions.  That image, according to Higgs, is inaccurate. 

For example, states during these years engaged in “mini–New Deals” to meet the emergencies that the Great Depression presented all over the nation.  Here is what Higgs writes,

The foregoing figures might tempt us to conclude that the federal government simply overwhelmed the other levels of government during the New Deal era, but the image of the feds riding into Dodge City like James gang and taking over the town (and Kansas, too) is not true to the facts.  Recall first that the state and local politicians were literally begging for federal bailouts in the early 1930s; the money was scarcely forced down their throats.

Second, in some states, such as Michigan, Pennsylvania, and New York, state politicians embraced the same ideology and political objectives as the dominant faction in Congress, and they proceeded to enact so-called Little Deals that implemented state-level reforms, especially union-friendly labor laws and anti-business tax laws, similar to those the New Dealers enacted nationally.  Twenty-four states adopted general sales taxes in the 1930s, 20 of them during the period 1933-35.

Third, many of the programs the federal government was establishing for relief and other purposes were not only financed with matching grants (in varying proportions), but also administered “cooperatively,” that is, in large part by state or local employees, especially at the lower levels.  Owing to this style of administration, state, and local politicians gained considerable control over the newly created patronage jobs, and in some cases they could also shape the local rules or select the particular projects to be undertaken.  In short, the lower-level politicos were definitely cut in on the deals.[4]

 

So, while the New Deal changed the compounded, federalist majoritarian rule of the US – making it significantly more centralized – its effort and somewhat success maintained the federal character of the American system, albeit defined differently.

And with that extended quote by Higgs, this posting will stop, and this blog will next pick up the implications that the New Deal posed for the federalist elements of the American polity as the nation approached World War II.

[Reminder:  The reader is reminded that he/she can have access to the first 100 postings of this blog, under the title, Gravitas:  The Blog Book, Volume I.  To gain access, he/she can click the following URL:  https://docs.google.com/document/d/1zh3nrZVGAhQDu1hB_q5Uvp8J_7rdN57-FQ6ki2zALpE/edit or click onto the “gateway” posting that allows the reader access to a set of supplemental postings by this blogger by merely clicking the URL: http://gravitascivics.blogspot.com/ and then look up the posting for October 23, 2021, entitled “A Digression.”]



[1] Michael J. Sandel, Democracy's Discontent: America in Search of a Public Philosophy (Cambridge, MA: The Belknap Press of Harvard University Press, 1996).

[2] Ibid., 241.

[3] Robert Higgs, “The New Deal and the State and Local Governments:  Today’s Larger and More Centralized Government with the Great Depression,” FEE/Foundation for Economic Educators (March 1, 2008), accessed February 3, 2022, http://fee.org/articles/the-new-deal-and-the-state-and-local-governments/ .

[4] Ibid.

Tuesday, February 1, 2022

THE RIGHTS’ LEDGER

 

[This blog is amid a series of postings that aims to share with the reader a history of the nation – albeit highly summary in nature – from the perspective of a dialectic struggle.  That is the struggle between a cultural perspective that emphasizes more communal and cooperative ideals of federalism and the individualistic perspective of the natural rights construct.

The general argument this blog has made is that federalism enjoyed the dominant cultural position in the US until World War II, and after a short transition, the natural rights view has been dominant.  Whether one perspective is dominant or the other; whichever it is, that fact has a profound impact on the teaching of civics in American classrooms.]

 

Okay, to carry on from the last posting – if the reader has not read it, he/she will be well served (in terms of this posting) to do so – the current issue under consideration is how the American polity today seems to be proceeding in two directions.  On the one hand, it ignores the wishes of the majority as it seems to cater to a minority.  And at the same time, it also does not respect the decentralized, federalist beliefs and values the nation once held as a dominant bias.  This, on the face of it, is contradictory.[1]

          While addressing this contradiction, the last posting shared the ideas of Hendrick Hartog,[2] who points out that within the history of rights in the US, there has been a succession of minorities – those who found themselves as victims of inequality (women, blacks, labor, etc.) – who have opted to argue that balancing the scales would not only be congruent with constitutional principles or values but also would serve the common good. 

Generally, with a lot of backtracking along the way, the strategy overall has been successful, though much still needs to be done.  But in Hartog’s analysis, he points out that respecting the rights of these minorities has been at the expense of others being diminished.  Or as Hartog states it,

 

As a people, Americans may be “constitutionally” incapable of characterizing rights claims as a zero-sum game.  Lawyers know that a new, increased, or transformed public good must always be alleged as the necessary consequence of any recognition of previously unrecognized rights; there must be some net benefit to public welfare.  Americans have never simply righted wrongs; they have always been making things better.[3]

 

But while an overall betterment results, there are those who experience a lesser status in terms of how they previously determined their level of rights.

And those so affected in losing their rights, it turns out to be, in part, the same group, white male supremacists who, in addition to their weakened position, have felt the costs entailed with how the economy has changed in the last fifty or so years.  In their eyes, enough is enough and many have decided to react – some turning to violence.

          But there is a catch or complication in their reaction.  One of the attributes this group has shared is its love of individualism.  Yet now, to react politically, the members of this group find their individualism ill serves them in that to be politically effective – at least to have a chance to be effective – they must coalesce with other, likeminded cohorts.  They must organize and in doing so, have to give up a good deal of their individual autonomy.

          But comparing this latest group to those who preceded it – women’s groups, civil rights groups, labor groups, etc. – they, the individualist group, functions under a meaningful handicap.  That is, by using this formula in which the previous groups could reasonably cite how acquiescing to their demands would bolster the common good (in part, as defined by constitutional values) the individualists cannot reasonably make such a claim. 

To be clear, this zero-sum character, in which acquiring rights under natural rights calculations, is acquired at someone else’s expense, has taken various guises.  To illustrate, labor rights take away rights from business owners, women’s rights diminish rights of men, black rights are captured from white rights, etc. 

A right here is not necessarily some in-born license to do something (e.g., the right to speak freely), but a socially defined advantage a society allows certain people.  At times that could be a payment for a service they render or it can be the opportunity to purchase an advantage.  But if an aggrieving party – a party denied the advantage – claims that the common good would be advanced by it being allowed the advantage, this further legitimizes their claims.[4]

So, proposing a common benefit helps get those rights secured for the compromised citizens.  But eventually, that “someone” else’s advantage from whom the advantage is taken, is or has been continuously aimed at, to a great degree, the same limited number of actors, the ones who do not enjoy a good deal of other assets. 

After a while, that continuous targeting has had an effect.  And one should not be surprised that that group – the targeted group – is apt to react.  That seems to be the case with this latest version of a minority asserting its “rights.” 

But the problem with this latest rendition is that they, the white males, cannot cite comparable constitutional values.  And it happens that many of them have been suffering economic challenges due to changes in the economy.  So, unlike previous, aggrieved parties, they cannot – at least not in a reasonable fashion – cite either constitutionally defined injustices or the advancement of the common good by way of addressing their complaints. 

Instead, and here is the scary part, they have cited counter-constitutional claims and a reasonable interpretation of those claims is of them being fascistic.  Yes, their language to date is still hinted at or expressed as inuendo, but that is changing and it is becoming more direct and open. 

One can therefore legitimately see this as being anti-democratic regardless of whether – as this series of posting has asked – the US is losing a simple majoritarian form of democracy or a compounded form of majoritarian rule which in this nation has been under the guise of federalism.

At the heart of the problem with the former uprising claims, those that are based on constitutional precepts reflected the fact that the American form of federalism was informally based on a highly parochial foundation.  Federalism relies on the historical development of a people either directly or through representation forming a polity.  Formally, the term, “people,” unless otherwise limited, includes all agreeing parties. 

Yet historically, in the eyes of many if not most Americans, the included parties were limited to Western European immigrants or their descendants.  Actually, this condition was initially more limited in that it included only Protestant, Anglo-Saxon people.  For example, in reading the national history as late as the 1850s, one can find a vibrant, highly popular movement, the Know Nothing movement, being actively antagonistic toward Roman Catholics as immigration from Ireland and other Catholic, European nations grew.[5]

It is from that tradition that one can trace the connection to current day individualists whom one finds claiming they have had enough – enough of them losing their privileges or rights as Hartog describes them.  These individualists who now find it necessary to form this collective, anti-democratic cabal, have long ago lost their federalist bent, due in part to the nation not sufficiently shedding its bias for white, Anglo supremacy – its parochial character. 

For the rest of the nation, is it too late to adopt a more liberated form of federalism that sheds the parochialism?  Many Americans have adopted a more liberated sense of what it means to be an American, but there is that minority who feels it has been put upon one too many times. 

Perhaps, as the evidence seems to indicate, it is too late for these “parochialists” to be “liberated.”  This blogger does not see a healthier future for the nation without reenergizing its federalism, but within a liberated format.  And in that, civics education has a definite role.



[1] America has a compounded democracy based on a dispersion of majoritarian rule along territorial basis as in the power at the central government and that of the states.  And, of course, that would be its federalist arrangement.  A simple majority rule arrangement is characterized by a centralized republic in which the national government retains most powers.  When a minority can block the wishes of the majority, that would seem to advance a federalist agenda, but in this case, that is not what is happening when the substance of those blockages reflects efforts to degrade the voices of a number of minorities such as racial, ethnic, gender, and employment designations.  See Daniel J. Elazar, Exploring Federalism (Tuscaloosa, AL:  The University of Alabama Press, 1987).

[2] Hendrick Hartog, “A History of Rights Consciousness,” in Major Problems in American Constitutional History, Volume II:  From 1870 to the Present, edited by Kermit L. Hall (Lexington, MA:  D. C. Heath and Company, 1992), 2-14.

[3] Ibid., 8.

[4] For example, for a global review of this claim, see Joseph Losavio, “What Racism Costs Us All,” Finance and Development/International Monetary Fund (Fall, 2020), accessed January 31, 2022, https://www.imf.org/external/pubs/ft/fandd/2020/09/the-economic-cost-of-racism-losavio.htm .

[5] Michael F. Holt, The Rise and Fall of the American Whig Party: Jacksonian Politics and the Onset of the Civil War (New York, NY:  Oxford University Press, 1999).