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, August 1, 2023

JUDGING LIBERATED FEDERALISM, XVI

 

This blog, with this posting, continues its presentation of a political model, liberated federalism, by describing and explaining its last component, the studied association.  To date, it has reviewed the other two components, the community and participating entities.  By doing this presentation, the model depicts a liberated federal perspective of an arrangement of parties, be they individuals or collectives.

          Not all arrangements are associations.  The term association, as used in this account and as Philip Selznick[1] uses it, refers to those arrangements that are formal in that they are initiated by a compact or a covenant.  It is an ideal union of entities with federalist characteristics. 

Of course, the national, all-embracing association is the federal union of the people and states of the United States of America as designated by the United States Constitution, its compact.  That association as well as the associations that make up the state governments and the local governments are, in the ideal, communal democracies as defined by Selznick.  The liberated federalist perspective views these public or private associations (such as ideal corporations) as serious commitments by the entities that comprise them.

The association has certain attributes:

 

One, as stated earlier, is organized under the provisions of a compact or covenant laying out its structure, processes, and to some degree, its functions. 

Two, a qualified majority rule provision that aims at broad range consensus before acting. 

Three, a strong provision for guaranteeing the rights of minorities, be they individuals or groups, within conducting its processes and distribution of material values.

Four, a clear purpose or set of purposes for its existence that is publicly stated.

Five, a fraternal ethos that respects the dignity and integrity of each of the entities that comprise it and a felt commitment of inclusion for those entities.

Six, a covenant of reason upon which its moral standing rests.  The covenant of reason includes agreement over a deliberative process of decision-making, a provision of critical review of its decisions and actions, and a set of collective interests that reflects its purposes as well as its standing as an association.

 

In addition, the association has an overarching responsibility to uphold the communal well-being of the community in which it resides.  To review and further explain these attributes, a short elaboration of each one follows.

          The compact or covenant refers to the formal agreement arrived at by the entities involved.  The entities of an association formulate a compact/covenant by the drawing up of such an agreement.  The agreement contains the elements identified by Danial Elazar, identified earlier in this blog as it described the model parochial/traditional federalism.  In order to review Elazar’s characterization of a compact/covenant, the following two quotes are offered:

 

Covenantal foundings emphasize the deliberate coming together of humans as equals to establish politics in such a way that all reaffirm their fundamental equality and retain the basic rights … Polities whose origins are covenantal reflect the exercise of constitutional choice and broad-based participation in constitutional design.  Polities founded by covenant are essentially federal in character, in the original meaning of the term (from foedus, Latin for covenant).[2]

         

And:

 

[The old covenants followed a recurring format or model which was] … an historical prologue indicating the parties involved, a preamble stating the general purposes of the covenant and the principles behind it, a body of conditions and operative clauses, a stipulation of the agreed-upon sanctions to be applied if the covenant were violated, and an oath to make the covenant morally binding.[3]

 

But what about compacts?

Donald Lutz points out that the distinction between a covenant and a compact is that a covenant calls upon God to witness the agreement and a compact does not.  In the current more secular world today, the common form is to utilize a compact.[4]  In either case, the formulation of the compact or covenant calls for a bit of soul searching.  It demands that entities involved seriously consider the consequences of such an act, due to the nature of the commitment involved.

The entities must be fairly certain that they share enough moral understanding, commitment to founding values, and philosophic principles in relation to the purposes of the union so as to handle the inevitable internal disagreements and conflicts.  In addition, there should be at least some minimum level of emotional commitment among the entities since the union will most likely be for a significant amount of time. 

Therefore, compacts and covenants should not be drawn up for frivolous reasons.  As Elazar describes these unions, the commitment is for the duration of the concerns involved.  In terms of a national union and institutional arrangements as marriages, the commitment is perpetual or for a lifetime.

The next identified attribute, qualified majority rule, holds that a raw majority rule arrangement in collective decision-making format should be avoided.  One problem with such an arrangement is that there is a possible, if not probable, danger to minorities.  Majority rule should be limited by constitutional parameters or provisions, as stated earlier in this blog in regard to equality.  Each minority and each individual is entitled to protection from the majority. 

Basic rights, as identified by the Bill of Rights, serve as an appropriate starting point.  Citing Selznick again, the reciprocal advantage characteristic of this model – its reciprocal nature – calls on a meaningful reality that (1) allows an opportunity to improve one’s position significantly, and (2) sets up a cooperative mode of social interaction.[5]

This posting’s review will end here.  Next, this blog will address the purpose or set of purposes a covenant or compact sets out for a people to achieve.  This might, for good reasons, remind readers of the Preamble of the Constitution, the set of purposes the founders identified in the nation’s founding compact.



[1] Philip Selznick, The Moral Commonwealth:  Social Theory and the Promise of Community (Berkeley, CA:  University of California Press, 1992).

[2] Daniel J. Elazar, “Federal Models of (Civil) Authority,” Journal of Church and State 33 (Spring 1991):  233-234.

[3] Ibid., 244.

[4] Donald S. Lutz, The Origins of American Constitutionalism (Baton Rouge, LA:  Louisiana State University Press, 1988).

[5] Selznick, The Moral Commonwealth.

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