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, March 25, 2022

THE SPOILS ARE TWO-FACED

 

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

This blog has just presented a rendition of how parochial federalism views liberty (over the two previous postings).  Now it turns to how that view sees equality and a related concern, morality.  As to liberty, a state in which people live sans despotism, to maintain it, they also have a responsibility to be moral and to sustain a moral demeanor in relation to their activities.  Practically, liberty would be impossible to keep if the people collectively sank to corruption and vice.

          To illustrate the point, one need only to look to the lessons of classical antiquity as many 18th century thinkers, especially Montesquieu, had done.  These thinkers connected a relationship between a moral spirit and a society’s political constitution.  So influenced, the founding generation in America believed that the formula for successful republics was establishing and keeping a moral spirit that prevails as a great nation rises to prominence due mostly to industry and valor.

          This spirit promoted a discipline which led to their initial survival and success as they developed toward greatness.  The implied greatness, as in the case of the earlier Romans, was defined in their ability to not only become prosperous, but also to exhibit a strong ability to determine their future.  The republican spirit served them as they became wealthy and eventually were able to enjoy the luxuries accrued from their successes.

          Gordon Wood points out:

          “While the Romans [of antiquity], … maintained their love of virtue, their simplicity of manners, their recognition of true merit, they raised their state to the heights of glory.  But they stretched their conquests too far and their Asiatic wars brought them luxuries they had never before known.  ‘From the moment virtue and public spirit sunk apace:  dissipation vanished temperance and independence.’”[2] 

The latter period of success promoted the temptations of corruption (believed to be an inevitable development) and bloated conceit led to an ethos of sloth and anarchy.  At least this was the view of the 18th century thinkers.[3]

The reader should recall from previous postings that the federalist/republican tradition was and is heavily steeped in a religious foundation – at least as it was manifested in the nation’s colonial past.  Was the secularization of thought – initially introduced with the influence of the Enlightenment – in modern times a danger to the moral base of parochial federalist thought? 

One development of such secularization is consumerism that, according to T. H. Breen, captured American demeanor starting roughly in 1740.  Breen points out there was a healthy amount of comment among the “pundit” class of that time that such tendencies threaten to undo what the Americans had been able to establish and that later, such concern helped them to institute and mostly maintain a boycott of British goods during the Revolutionary years.[4]

The congregationalist tradition of the American churches, firmly established by the time of the writings of the Declaration of Independence and the United States Constitution, insured that those documents were constructed on a covenant (federal) theology – or a federal principle.  Among those pundits was fair number of religious personages, such as ministers, but not exclusively so.

 

By the middle of the eighteenth century … the covenant idea had been plucked from its religious roots and secularized by men like Hobbes, Locke, and Rousseau.  They transformed it into the concept of the social compact, the freely-assumed bond between man and man that lifted men out of an unbearable state of nature and into civilization.  In the Lockean view widely admired by Americans, it was this social compact that made popular government possible.  The availability of the covenant idea in two forms meant that those Americans who did not acknowledge the political character of the covenant between man and God inevitably recognized the political character of the social compact between man and man and built their constitutions upon that.[5]

 

For its maintenance, a social compact between man and man had the same need for moral behavior among its participants as covenants between God and man and in essence provided a reason for secular morality. 

Why?  Because such unions are communal to meaningful levels and, as such, have low tolerance for self-centered immorality.  Consequently, several social/economic concerns are highlighted by these concerns.  And one is helped by seeing such unions as partnerships and all that that entails.

The parochial federalist construct would encourage inquiry into several issues:  how rich and successful has the overall society become, how much of a separation (financially and socially) exists between the upper classes and the rest of society, how pervasive have the corrupting ways of the rich enfeebled the lower strata?  These are offered as legitimate concerns.

Whigs (of Revolutionary vintage) believed that corruption always began with the top socio-economic classes, as they led the people to a consumption (as referred to above) as opposed to one in which the interests of the commonwealth are dominant.  A main concern Americans had with the British at the time of the Declaration of Independence was that that society, the British, had become too corrupt to be able to rejuvenate itself to meet the principles of its constitution.[6]

Commonwealthmen (another name for Whigs) had a low opinion of the civil habits of those in power.  The powerful, made up of elites, are seen as a scheming group that, through a variety of techniques available to them, deprive the multitude of their fair share of resources.  Beyond that, the many are predisposed to being duped and exploited.  The populous tend to be rapt in their immediate concerns and inattentive to the shift of power that the elites are constantly trying to draw away from them.[7]

Despite this predisposition, when the level of abuse becomes overwhelming, as it was perceived in 1776, it is time for that multitude to respond.  A response not, in the case of the American Revolution, to overturn the English constitution, but to reestablish its core principles.  This is even acknowledged by a natural rights historian, Breen.  He writes:

 

It has become fashionable among some commentators to condemn modern consumer culture, insisting that it sustains itself on the creation of false wants.  Self-indulgence, one hears, erodes the bonds of civil society.  The critics may be correct.  Whatever the truth, they do sound a lot like those eighteenth-century moralists who fretted that ordinary people could not handle the temptations of the marketplace.  This perspective underestimates the capacity of men and women to comprehend their own political situation.  It is true that goods can corrupt.  But in certain circumstances they can be made to speak to power.  The choice is ours to make.[8]

 

As a central element of the Whig view, a citizen of a republic relies on the belief that merit should be the basis of advancement; it should not be inheritance or other meaningless adornments bestowed by higher authority.  Whigs highlighted, along with liberty, the core value of equality. 

Equality did not mean the eradication of subordination.  The necessities of maintaining an orderly society demanded that some oversee others.  Those with accomplishments deserved their status and the authority they earned.  But Whig equality simply meant that all, under the ideal, should have an equal opportunity – not as a “bumper sticker” sentiment, but in reality – to achieve a higher station in life.

And with that basis, one can further look at the Whig sense of public virtue.  That will be the concern of the next posting.  It will start with further distinguishing how parochial federalism defines equality to how they defined a moral demeanor through their view of public virtue and its role in not only defining equality but also in identifying the essential social qualities necessary to sustain liberty.



[1] This presentation begins with the posting, “A Parochial Subject Matter” (March 11, 2022).

[2] Gordon S. Wood, Creation of the American Republic 1776-1787 (Chapel Hill, NC: University of North Carolina Press, 1969/1968), 35.

[3] Wood, Creation of the American Republic 1776-1787.  For an extended description of one of Rome’s emperors during these “luxury” years, see Frank McLynn, Marcus Aurelius:  A Life (Cambridge, MA:  Da Capo Press, 2009).  For a philosophic – well reviewed – accounting of what polities experience in what its author describes as a circular, dialectic development, see J. G. A. Pocock, The Machiavellian Moment:  Florentine Political Thought and the Atlantic Republican Tradition (Princeton, NJ:  Princeton University Press, 1975).

[4] T. H. Breen, The Marketplace of Revolution:  How Consumer Politics Shaped American Independence (New York, NY:  The Oxford University Press, 2004).

[5] Daniel J. Elazar, “How Federal Is the Constitution? Thoroughly,” in a booklet of readings, Readings for Classes Taught by Professor Elazar, prepared for a National Endowment for the Humanities Institute (conducted in Steamboat Springs, Colorado, 1994), 1-30, 23-24.  Usual references to Locke’s contribution use the term, social contract, while Elazar introduces the term, social compact.  This is seen, by this blogger, to be significant.  A compact can be seen as a secularized version of a covenant.  It should not be confused with more recent application of the term.  That is, as described in “The Social Compact Was a Creation of the Multilateral Twins, The International Fund and the World Bank,” Kaieteur News (January 7, 2014), accessed March 25, 2022, https://www.kaieteurnewsonline.com/2014/01/07/a-social-contract-or-a-social-compact/ .

[6] Wood, Creation of the American Republic 1776-1787.

[7] Ibid.

[8] Breen, The Marketplace of Revolution, 330.

Tuesday, March 22, 2022

PROTECTING AND ENHANCING LIBERTY

 

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

With an understanding of how one can judge the value of federalism as a construct, one is ready to undertake a critical view of it.  An appropriate place to begin – given that the present aim is to analyze the construct as it relates dialectically to natural rights – is with its value of liberty.  A Whig (of Revolutionary vintage[2]), if alive today, might view liberty, as expressed by the natural rights view, as an expression of individualism and irresponsible behavior.  And that expression can be judged to be of a dysfunctional nature in today’s America.

That would include the nation’s schools where there has been serious misinterpretation of the term, liberty, reflecting today’s common usage.  In the days of the Whigs, liberty meant and was seen as arrangements set up to protect people from despotism.  It did not mean individuals could do whatever they wished or even felt was the right thing to do as they individually defined what was right or good.  That sort of individually defined liberty, when considered, was dismissed as undermining social bonds.

Individuals, from rulers to common folk, could abuse whatever powers they might have and pervert liberty by being licentious and driving the polity toward anarchy.[3]  “Americans early became socialized into a kind of federalist individualism, that is to say, not the anarchic individualism … but an individualism that recognized the subtle bonds of partnership linking individuals even as they preserve their individual integrities.”[4]

Government and civics instruction should address the natural drift toward anarchistic conditions which plague the “rule of the many” polities.[5]  The levels of incivility today – heightened by the politically polarized landscape along with self-centered behaviors one readily sees – indicate that abuses of liberty are at significantly high levels.[6] 

Liberty, as defined by the Whig tradition, has an inherent quality that people are expected to exercise which entails duties and obligations.  This notion can be traced to a tradition that one can ascribe to the term, federalism, and its relation to covenants.  It was not merely a political concept, but could and did define, in ideal terms, what individualism, human rights, and obligations should be.  Elazar writes:

 

The evidence is overwhelming that the covenant principle translated into the larger political realm as part of the development of modern popular government produced the idea of federalism.  The history and meaning of the term itself reveals [sic] this.  The word federal is derived from the Latin feodus which means covenant. …  All [colonial people] agreed on the importance of popular or republican government, the necessity to diffuse power, and the importance of individual rights and dignity as the foundation of any genuinely good political system.  At the same time, all agreed that the existence of alienable rights was not an excuse for anarchy just as the existence of ineradicable human passions was not an excuse for tyranny.  For them, the covenant provided a means for free men to form political communities without sacrificing their essential freedom and without making energetic government impossible.[7]

 

And how did this sentiment express itself when early Americans strove to organize themselves?  Many of the founding generation (Patrick Henry being the most outspoken) sided with the Greek model of antiquity in which the city-states united for only common purposes, mostly defense.  Consequently, such thinking among Americans favored a strong localism, and definitely, upon their independence from Britain, independent states.

          But the founding fathers accepted a model that was new.  They understood that local, small polities could be subject to unchecked passions of factions or majorities which could lead them to act as tyrannical as despots could act. 

 

The interdependence of the national and state governments was to ensure their ability to check one another while still enabling them to cooperate and govern energetically.  In the words of Publius, they advocated a republican remedy for republican diseases.[8]

 

          The basic structural solution was to be a non-central system; the assumption being that no central power exists, but that there are several authorities, both national and regional.  In every case, these authorities are granted their power directly by the people.  Yes, a national authority might be granted preeminence, but that position does not establish a single authority which can take away from the other entities their basic power.

          Elazar describes this distribution as follows:

 

The American people and their leaders were to extend this aspect of federalism, which is partially described in common parlance as the “checks and balances” system, into most other areas of their political life.  Both the state governments and the national government have powers which cannot be taken from one another, even when both planes share in their exercise.  The principle was further applied to relations of the various branches of government – executive, legislative, and judicial – within each plane even before the invention of federalism.  It was subsequently applied to the structure and organization of the party system … [9]

 

In fact, one can see the federal principle integrally embedded in the nation’s civil society – its national culture.[10]      This ideal is modified in that there is an internal desire to meet political or social problems with local effort and shift to regional or national responses only when practical concerns, such as mutual defense or inability of local entities to meet common demands, have made it necessary.

          When a more regional or national solution is sought, components of that solution will be left, as much as possible, to local efforts (for example, in drafting an army, the US has used local draft boards).  While early attempts to nationalize the nation’s political arena were made by the Federalist Party, the Jeffersonians, with their election victory in 1800, made their emphasis to grant a general primacy to the states “as custodians of the nation’s political power, an emphasis that was to be dented from time to time … but not altered until the 20th century.”[11]

          Another restriction the republican Whig tradition places on the structural arrangement that helped establish early guarantees to secure liberty – as the Whigs defined it – was conditions in which the representative bodies were situated.  To begin, they were to meet often for short periods of time so that the representatives of such bodies could come back to live with their fellow citizens and experience the consequences of their own handiwork. 

They also worked with complete legislative independence from the executive agents, and this was seen as essential.  In that way, legislators would not be “contaminated” in their deliberations, and, in turn, they would not interfere with those professionals of the executive as those agents went about implementing policy. 

In terms of protecting liberty, it would be protected by anchoring the legislative body to the people.  Proportional representation, freer elections, frequent legislative meetings, and healthy mistrust of any governing institution were seen as desirable elements in a polity preserving liberty by tying that government to the people.[12]

If correct in their calculations, liberty – while always a subject to be abused by non Whiggish actors – promised to be firmly established and protected from such abuse.  The next concern, to be picked up in the next posting, is a moral demeanor within a governmental arrangement that is established on and enhanced by an equality standard.



[1] This presentation begins with the posting, “A Parochial Subject Matter” (March 11, 2022).

[2] This view is distinguished from the political beliefs and positions of the Whig Political Party of the early to mid-1800s.

[3] Gordon S. Wood, Creation of the American Republic 1776-1787 (Chapel Hill, NC: University of North Carolina Press, 1969/1968).

[4] Daniel J. Elazar, “How Federal Is the Constitution? Thoroughly,” in a booklet of readings, Readings for Classes Taught by Professor Elazar, prepared for a National Endowment for the Humanities Institute (conducted in Steamboat Springs, Colorado, 1994), 1-30, 10-11.

[5] Daniel J. Elazar, “Federal Models of (Civil) Authority,” Journal of Church and State, 33 (Spring, 1991), 231-254.

[6] A varied literature that this blog has repeatedly cited supports this contention but for early contributions, see Robert D. Putnam, “Bowling Alone: America's Declining Social Capital,” Journal of Democracy (January 1995) 65-78 AND Bowling Alone: The Collapse and Revival of American Community (New York, NY: Simon & Schuster, 2000). Putnam defines social capital as a societal quality characterized by having an active, public-spirited citizenry, egalitarian political relations, and a social environment of trust and cooperation.

[7] Daniel J. Elazar, “Federalism and Covenant,” in The Covenant Connection:  From Federal Theology to Modern Federalism, edited by Daniel J. Elazar and John Kincaid (Lanham, MD:  Lexington Books, 2000), 245-255, 254-255.  The term covenant has a strong connection to religious beliefs.  The term, compact, essentially means the same thing but without a religious tie.

[8] Daniel J. Elazar, “How Federal Is the Constitution? Thoroughly,”, 21.

[9] Ibid., 21-22.

[10] Daniel J. Elazar, “How Federal Is the Constitution? Thoroughly.”

[11] Ibid., 28.

[12] J. G. A. Pocock presents an interesting argument that by vesting the power in the hands of the people, a polity is infinitely more apt to depend on custom to devise its policies and laws.  The advantage is that custom is the product of past generations who, through their trial and error, have had sufficient opportunity to keep what works and dismiss what doesn’t.  On the other hand, a single or small body of rulers depend on their individual judgements.  Obviously, the argument goes, the former is more prudent than the latter.  See J. G. A. Pocock, The Machiavellian Moment:  Florentine Political Thought and the Atlantic Republican Tradition (Princeton, NJ:  Princeton University Press, 1975).