The
last posting reviewed the very real concern a constitution has to
address: the shortcomings of human nature. Yet much of this blog
has been dedicated to promoting political and governing ideas and
ideals that are based on the human potential for living in communal
arrangements. What's it going to be? Are we doomed to being on
constant guard against the devious aims of others or are we living
among a sea of caring and collaborative partners in our efforts to
further the welfare of this republic? This duality or, better
stated, nuanced reality reminds me of childhood warnings and
encouragements: generally, the outside world was presented to me as
a place one should care for and one that was populated with good
people worthy of my concern. Yet warnings were repeatedly issued:
don't get into a stranger's car; don't go with a stranger who asks
you to follow; don't take candy from a stranger. I never thought of
questioning this inconsistency. I somehow understood that both
messages were prudent. We are just living in that kind of world –
get used to it.
How
does this complication affect our constitutional thinking? How does
federalism accommodate these opposing strains of human concern?
Here's my take. I see our constitutional compact as a two-planed
agreement. The two planes set the basic rules for several relational
types: the relation between entities (persons and groups), the
relation between an entity and the government, and the relation
between our government and the governments of other nations.
Transcending all of these relations is the aim of establishing
binding partnerships. So one way to conceptualize all of this is to
analogize it as efforts to establish and maintain partnerships
between one entity and another. Sometimes, in terms of our relations
with other citizens, we know them, but mostly we don't. So the best
way to think of it is to ask what we need to do in order to formulate
a partnership with someone we don't know and ask how to lighten up
our protective provisions for those we do know and trust. If that is
the case, what does the agreement need to include in order that a
person might be able to sleep at night? One needs to first
plan for the worst and then hope for the best. One needs to
establish a fail safe foundation against the potential dangers others
can pose and then allow for relations that can be close and
rewarding.
My
last posting addressed what it means to plan for the worst – how,
for example, our founding fathers constructed the elements of our
constitution with the strategic decision to pit interests against
interests, power against power, and vice against vice. You are
invited to read that posting. In this posting, I want to address the
higher plane; that is, I want to describe how a federalist agreement
promotes the communal bonds that reflect healthy partnerships.
While
our constitution is quite clear in how it guards against the darker
side of human nature, its approach in striving for the communal is
primarily contained within its assumptions – most prominently, its
belief that if people are allowed to be free, they will seek to
attain the goals of the constitution. What goals?
[To]
establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity …1
The
compact that follows these initial words of our constitution – the
provisions for the structural elements of our government and the
powers granted it – were devised and implemented in the belief that
such a resulting government can accomplish these goals. I believe
that when one thinks of the implications of such an act of faith, one
comes up with several relational principles. In terms of how
entities relate with each other, these principles include what
follows in this posting.
Beyond
the concerns for human greed and antagonistic acts, the relation
between the entities also has communal links tying them together.
The links can include the elements of the agreement, emotional ties,
shared resources, shared interests, and mutual respect. When a
collective, be it a nation, a business association, or a marriage, is
working, its entities – citizens, business partners, spouses –
might become blasé over what is being taken for granted or to what
participants feel they are entitled. The more prudent among us
understand that none of these blessings are guaranteed and all need
attention. All or any of these links would make the entities closer
and more committed to accomplishing the purposes of the agreement,
and participants are smart to be cognizant of them and how they
function. Again, this relation has to do with what Philip Selznick
calls reciprocal advantage.2
This principle is based on the understanding that a communal sense
between the members of an arrangement increases the chances of
success; it is sensitive to the whimsical nature of fortune and fate,
and it avoids the disruption that a lack of dignity and integrity
can cause any collective effort.
Let's
get a bit more specific. We need to respect those people with which
we are partnered or federated. That means we need to strive for
intellectual communal commitment and, if possible, strive for the
emotional attachments that strengthen the bonds between the partners.
Intellectually, one needs to know and understand basic social
principles that point to enlightened dispositions toward our fellow
citizens. Emotionally, the challenge is a bit more demanding. It is
difficult to force ourselves to feel a certain way. We have to be
committed with our heads and, hopefully, with our hearts. I dare say
that the emotion has to be directed to at least the association as a
whole – a heartfelt loyalty – and if we can direct such feelings
toward our fellow citizens, so much the better.
This
is not so straightforward. Emotional ties need to be of a certain
type. We need to care for what the fates of others are, but we need
to place such ties within the higher goals and aims of the agreement.
Not only does this place a responsibility on the entity, but also on
the association or union. For example, can there be the case that
our ties to our nation might come in conflict with our ties to our
family? A constitution needs to be sensitive to such potential
conflicts and should be so constructed that such eventualities are
avoided at almost all costs. Where the line lies between such
loyalties depends on the situation in question and I don't pretend to
know where that line is. But what I do know is that one needs to be
careful when one enters compacts and when one offers one's
commitments – be cognizant and forthright over what one is willing
to sacrifice.
Citizenship
is a special case. We don't choose where we are born. But a nation
built on federalist principles should make the point as to what its
demands are and be very clear as to the following admonition: to
physically stay in a federated nation implies one agrees with those
principles not because of an accident of birth, not because one's
family hails from that land, but because the citizen makes a
conscious choice – a buy-in to respect the union, to respect the
institutions of the people who inhabit the union, and to respect its
other citizens.
Summarily,
respect is necessary on two levels: toward fellow entities and for
the governmental framework. Let me continue this posting with some
words about respecting other entities – I will address respecting
the governmental framework in a future posting. There is progression
involved when one considers respecting fellow entities. At the
easiest level, one needs to respect others' idiosyncrasies. We are
not only all different, but unique in the compilation of our
individual characteristics – there is only one of each of us. The
level of difference between us can be relatively small or large, but
it is always significant. Accommodating these differences depends on
how extensively we are called upon to interact within a given
association. Citizenship under federal governance, if its
formulating compact is designed prudently enough, will not be
unreasonably demanding. Obligations and duties will not excessively
interfere with a citizen pursuing legitimate private ambitions. Of
course, the severity of those obligations and duties varies in
accordance with the level of peace and stability a nation is enjoying
as opposed to the level of crisis under which it is being challenged.
At
all times, the obligations and duties that are before a federated
people need to be respected and this includes how we treat, care for,
and promote the interests of others. And this leads us to a more
demanding level; that is, the level at which we respect diverse
interests. We need to understand that in meaningful ways, the
interests of our fellow citizens will be diverse and different from
our own. While we need not support all interests, we do need to
respect those interests and even be willing to defend the ability of
those citizens to pursue them. And, of course, at an even more
demanding level, federated citizens need to respect even those
interests that are in opposition to their own. We are justified in
promoting our own interests at the expense of those that oppose ours,
but we need, one, to do that under the prevailing legitimate rules of
the game, two, do it in peace – only government has the legitimate
option of force – and, three, do it in such a way that when the
determination of the competition occurs, the parties can walk away
with a handshake and in good cheer.
At
minimum, then, respect is characterized by civility. Civility is not
just a nicety; it is an element of a healthy federated union. We do
well to be concerned when the levels of civility are judged to be too
low. We should understand that human ambitions and conflicts place
perhaps unconquerable obstacles to maintaining ideal levels of
civility, but we need to work at it. We surely can promote it in our
schools, our churches, in our business interactions, and in our
families. Etiquette has a role here. Even when our heart isn't in
it, we can act like a nice guy or gal. Beyond that, we need to
respect our fellow citizens in such a way that our sense of
partnership is strengthened and not diminished.
1Preamble
of the United States Constitution.
2Selznick,
P. (1992). The moral
commonwealth: Social theory and the promise of community.
Berkeley, CA: University of California Press.
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