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 11, 2016

PROPERTY AS SELF

[Note:  Since the content of this posting is lengthy, I have decided to post it over two posting spaces, today’s and that of March 15, 2016.]

I have made the claim that our nation’s political culture has evolved in many of its elements, but particularly in terms of its dominant perspective.  The first pervading view was present during the earliest days of the colonial period and, I would argue, held on to that position until the end of World War II.  That view I have called traditional federalism and my sense of that view is based on the writings of such constitutional scholars as Daniel Elazar and Donald Lutz.  While I believe this prominence was true, I am not blind to the influence of other traditions.  One such tradition is that of the natural rights perspective.  I have argued that that tradition can first be detected during the years between the writing of the Declaration of Independence and the writing of the US Constitution and its ratification process. 

As with any mental construct, elements of it were around ever since organized governance took hold.  Since it is a set of ideas that emphasizes the rights of the individual, I’m sure that anyone who lived under any level of oppression, from time to time, would feel that there was something wrong with how he or she was situated.  The Great Courses program (produced by The Teaching Company) has a good survey course on the history of how liberty has been defined through the centuries.  That history begins with the Athenians and the Battle of Marathon.[1]  But in the modern sense, those ideas that make up what we today consider the natural rights version of freedom, rights, and liberty can be traced to the theoretical work of the British philosopher, John Locke.  Published in 1690, his Second Treatise on Civil Government is the work most credited with launching this theoretical radicalism.  As I indicated in the last posting, those who picked up on Lockean ideas were anointed as radicals and I’m certain that those classes of people who were threatened by these ideas considered the upstarts as radicals. 

Mostly, the focus of Locke’s disdain was aimed to those traditional groups who had been favored by the old feudal order and were, by the late 1600s, trying to hang on to their privileges.  The upcoming eighteenth century would prove disastrous to these people.  Across the channel, the French Revolution would strike a very poignant exclamation point on this turn during the later years of the 1700s.  In Britain, there had already been a king decapitated, a republican overthrow of the monarchy, a reestablishment of a monarchy but under a regime of political reforms (in 1688 King James II was ousted in favor of William and Mary during what came to be known as the Glorious Revolution).  With this turmoil, the class that supported the old regime was feeling the heat and its privileges came under stronger attack.  John Locke wrote in the midst of these tumultuous times.  Let us consider what he contributed.

This review is undertaken with a particular aim.  I want to look at the question of how influential Locke was on the development of our constitution.  As I indicated in my last posting, the level of influence by Locke is a debatable topic among constitutional scholars.  One such scholar, Isaac Kramnick, argues that early in the 1600s, American thought was heavily influenced by the republican tradition and its ideals.  These ideals included active citizenship and were deeply rooted in the values of the classical world and the Renaissance or what I would consider those ideals which were related to federalist values.  But the relevant point here is that Kramnick claims that that influence had run its course by the later years of the century when our Revolution and the writing of the Constitution took place.  In its place, he further claims, the ideas of Locke took more and more prominence in the thinking of our founding generation.  I somewhat disagree; yes, there was some shifting toward more commercially and self-interest biases which are among the core values of the natural right perspective, but the conscience of Americans and much of their behavior would be very much couched with a republican, federalist cast.  Here is how even Kramnick describes this earlier thinking:
[The more traditional view is in] part Aristotle, part Cicero, and part Machiavelli [republican arguments], civic humanism conceives of man as a political being whose realization of self occurs only through participation in public life, through active citizenship in a republic.  The virtuous man is concerned primarily with the public good, res publica, or commonweal, not with private or selfish ends.[2]

A distinction needs to be made here; I am not saying that espousing federalist/republican values means a person will act accordingly.  We can all attest to behaving in ways that we, on reflection, judge less than ideal.  While espoused theory has a strong influence on behavior, I have written in this blog about the gap we all have experienced between our espoused theories and our theories-in-use.[3]  I have referred to this gap as “sinning.”  What I seriously would say is that acting in opposition to one’s espoused theory would cause a level of shame or guilt.  So while a person might pursue plans to advance one’s self-interest at the expense of the common good, a federalist would feel shame or guilt; a modern advocate of natural rights would probably not feel any shame or guilt. 

But in those days of our early republic, even those who were attracted to the natural rights ideas of Locke were, at least to some meaningful degree, concerned with the common good.  Why?  Because Locke’s ideas of the late 1600s are not what the natural rights view is today.  Unlike how I have described the natural rights construct – as a moral position in which the trump value is liberty and its position bolsters the self-definition of values and behavior – the initial version of it was more substantive when it came to moral values. 

But now let’s see what Kramnick has to offer concerning the newer Locke thinking and its moral suasion:  he reports that the advocates of Lockean ideas shared with federalists the belief that the corrupt man was the origin of a corrupt system, a corrupt government.  But this is where, but for one exception, the similarities ended.  While civic humanism (the federalist version) castigated corruption in terms of self-interest and indifference to the public good, the natural rights view centered its focus on the immoral characteristics of laziness, parasitic behaviors, and dependency.  Goodness for Locke’s disciples consisted of productive behaviors, hard work, and generally advancing the general good by advancing one’s self-interest (of course, within the confines of the law and general moral precepts such as honesty).  But to understand the origins of the natural rights perspective, we need to appreciate what was happening economically.

This shift took place during very important economic changes in the eighteenth century.  There was a growing tension or conflict of interest going on.  This can be detected with our national debate concerning the Hamiltonian economic plans which preoccupied the nation during the Washington administration.  Our version of this conflict was somewhat similar to what was happening in Britain where the interests of the “country” faction – those interests of the challenged nobility – were doing battle with the interests of the “town” faction – the business class.  Here in the US, the fight was a bit different.  Here, there was not the well-established “country” class of nobility.  Instead, we had the tension between the business interests of merchants and then of industrialists against those of the farmer.  But this reflected another significant difference; both sides of the debate here were not idle and neither could be described as defending inherited privilege.  The question here was more of how “big” the economic entities were to be; would large commercial interests gobble up a more defensive rural class – the yeoman farmer of Jefferson’s concern?  Both sides of this politics were not idle; both sides lived out Locke’s call for productive behavior.  So in either case, and this accounts for the change in basic thinking between the onset of the Revolution and the writing of the Constitution, there was a definite shifting away from the thinking of the Patriots, the Whigs, the Commonwealthmen,[4] to that of a natural rights posture among many Americans.  But like any cultural movements, especially before the advent of mass media and other electronic communications, the shift was slow.

-         I N T E R M I S S I O N  -




[1] Fears, J. R. (lecturer)  (2001).  A history of freedom, transcript.  Chantilly, VA:  The Teaching Company.

[2] Kramnick, I.  (1992).  John Locke and liberal constitutionalism.  In K. L. Hall (Ed.) Major problems in American constitutional history, Volume I:  The colonial era through reconstruction (pp. 97-114).  Lexington, MA:  D. C. Heath and Company.  Quotation on p. 98.

[3] See Argyris, C. and Schon, D. A. (1985). Evaluating theories in action. In W. G. Bennis, K. D. Benne, and R. Chin (Eds.), The planning of change, Fourth edition, (pp. 108-117). New York, NY: Holt, Rinehart and Winston.  This is what I have written about Argyris and Schon’s article:  For a long time, I have been somewhat aware of this distinction between what is espoused and what is done, but it wasn't until graduate school that this duality became clear.  In an interesting article by Chris Argyris and Donald A. Schon, the authors present a model for organizational planning and action.  In the model, they distinguish between “espoused theory” and “theory-in-use.”  Espoused theory corresponds, more or less, with what I have named domain of the ideal – those values and goals we hold as preferable not at the moment of action but prior to actual implementation of those values and goals.  Theory-in-use is the dominant beliefs we hold when it comes time to act.  For example, let us say an organization decides to perform an activity that will be held with some disfavor by the pupil, client, or customer population the organization serves.  Those promoting the activity believe that in the long run this action will be best for their charges despite the short term annoyance or even hatred it will engender.  The staff commits to it and each person knows that there will be a negative response.  They might even begin their efforts in a way that is congruent with the plan, but as the predicted negative response increases, they cave and revert to the previous courses of action.

[4] Terms prevalent during the Revolution days to describe those who argued for federalist ideals and how the British power holders were corrupt in relation to those ideals.  See Wood, G. S. (1998). The creation of the American republic 1776-1787. New York: W. W. Norton and Company.

Tuesday, March 8, 2016

THE ORGANIC ANALOGY

Among historians there is an argument going on which involves how much influence did John Locke have on the writers of our constitution and on those who ratified the basic law.  This is of particular concern to this blog due to the fact that a good deal of my overall presentation is based on the claim that our political culture evolved more from a traditional federalism rather than the ideas of Locke and his theory of natural rights.  For those who are new to this blog, what I have shared has been the argument that our political culture held predominantly a view of government and politics that emphasizes a collective bias which holds that we, as citizens, are in a partnership in this polity.  Some historians call this general set of ideas and ideals civic humanism.

Civic humanism is central to the collective nature of traditional federalism.  I have defined federalism not so much as a fancy term for states’ rights or the argument that our politics should basically revolve around state issues.  That definition extols state government as that government, at least as compared to the central government in Washington, as being closer to the people, more knowledgeable of their problems and concerns.  It is also the level of government, through the structures of city and county jurisdictions, in which the average person with limited political assets can have a meaningful say and even have influence.  While my use of the term incorporates a lot of this bias, it is more concerned with the notion that federalism is about viewing the body politic as just that:  an organic association in which its component entities are highly interrelated and codependent.  By entities I mean you and I and all of our fellow citizens either individually or in groups.  This whole structure is defined and justified by a “sacred,” albeit secular, agreement; one in which the parties, so agreeing, are consenting to the provisions of either a covenant or a compact.  The word federalism is derived from the Latin word for covenant, foedius.[1]  But not all historians agree with this level of commitment on the part of the founders.  The question revolves around how much influence John Locke had at the time of Constitutional Convention in 1787.

Why Locke?  This will be more fully addressed in my next posting, but here I want to just point out that Locke was the first to theorize – i.e., set down a coherent argument – on the ideas and notions that became the liberal or natural rights view.  What this view has become is not what it was initially.  Back in the late 1600s when he wrote, the impetus was to begin representing the political and cultural aims of the merchant and budding industrial interests class which was becoming more influential due to its growing successes.  Holding its interests at bay were the entrenched landed (country) interests of the nobility.  A country which particularly was experiencing in its politics the tensions among these groups was England.  There, the upstart entrepreneurs were fighting many of the established privileges the nobility enjoyed including the inherited positions in Parliament.  It was in Britain that we have a more immediate effect of Locke’s writings.  He also had an influence on this side of the Atlantic, but it would be more subdued and slower to gain traction.  I will save for the next postings some of the language this clash expressed as the upstarts undermined the legitimacy of this advantaged class.

In this posting, I want to merely set the stage.  I want to remind you why I believe that the founders fell more heavily on the side of republicanism, the governmental system supported by federalists, than on the side of individualism, the side bolstered by the writings of Locke.  While the Constitutional Convention was a definite step away from a purer federalism, it was still well ensconced in its penumbra of ideas.  Let me share the historian’s, Forrest McDonald, account of this argument:
It is a grave mistake, however, to assume from this [the influence of natural rights thinking] that the Framers (or even the court-party nationalists [those who questioned the civic minded motivations of people] or even Hamilton) cynically abandoned the whole notion of virtue in the republic and opted to substitute crass self-interest in its stead.  Several historians have made that assumption, and at least one has gone so far as to pronounce the judgment that the very tradition of civic humanism, of men finding their highest fulfillment in service to the public, thereby was brought to an end.  To commit that mistake is to fail to understand … crucial aspects of the concept that men are driven by their passion.  [This includes] a variety of passions, and many of these – love of fame, of glory, of country, for example – are noble.[2]

One source of possible confusion is that there was a movement at the time of the Convention that can be associated with both federalism and natural rights.  Among those historians that support the stronger influence by Locke and those who took up the natural rights argument is this recognition that with our constitutional development was the origins of a constitutionalism being a way to stem the power of lawmaking bodies, be it Parliament, Congress, or any state legislature. 

This central idea was what galvanized what we consider our version, as opposed to that of the British, of radicalism.  This radicalism refers to the passion some approached this new found sense of entitlement of liberty and individual integrity.  In the political mix of the time were those who took up this radical advocacy.  This had some effect in Britain, but it was in the US that it took on legal status.  We incorporated the concern and adopted; it has become a basic constitutional attribute today.  This initiative became legally established with the ratification of the Bill of Rights – the first ten amendments to our constitution – and the exertion of the Supreme Court especially under the leadership of John Marshall.  Even then, it took the courts until the twentieth century to apply this power of the Constitution in any institutional way.  To put this newer concern in context, a more important aim of the founders was to define structurally what it meant to have the people rule through representation and majority rule.[3]  But as for limiting lawmaking bodies, keeping them from abusing rights and liberties, this concern obviously promotes the individual, the notion that we are born with those powers that government has no authority to disregard or trample.  One can easily see how adopting legal protections from abusive laws which undermine individual prerogatives stems from Lockean ideas.  But, one can also see, with just a little more effort, how it also promotes basic ideals of federalism and republicanism.

Let me explain.  Central to the notion of federalism, one of its basic values, is equality.  This sense of equality has an inclusive quality to it; we are all equal in this common, organic whole of a society.  Laws that favor one group over others, as laws often do, pose, at least potentially, very real threats to the egalitarian character of a polity.  And this is of importance today with the obscene skewing of income and wealth our nation is currently experiencing.  I would argue that above the founders’ concerns for any emerging class of business people was the more fundamental appreciation they had for the organic nature of a polity and the parallel concerns for health of that polity to that of an organic being like themselves.  This concern, it was understood, was negatively affected by abusive laws.  Let us take in John Adams’ central views on constitutions as reported by the historian, Bernard Bailyn:
So John Adams wrote that a political constitution is like “the constitution of the human body”; “certain contextures of the nerves, fibres, and muscles, or certain qualities of the blood and juices” some of which “may properly be called stamina vitae, or essentials and fundamentals of the constitution; parts without which life itself cannot be preserved a moment.”[4]
I know, I know, he was not at the Constitutional Convention, but his writings had a good deal of influence on those who met in Philadelphia in 1787.  He was one of them in spirit and a leader of the Revolution and of the nation (our second president).  There are other quotes I could add, but that is not my intent here.  What I do want to stress is that while the delegates at the Convention had to deal with very practical concerns of the day, they foresaw a national government structured, acting, and functioning within the parameters of federalist values and what we have come to call civic humanism.  So, what then is the place we should attribute to Locke and natural rights principles?  That is the topic of my next posting.



[1] So the constitutional scholar, Daniel J. Elazar, informs us.

[2] McDonald, F.  (1992).  The power of ideas in the convention.  In K. L. Hall (Ed.) Major problems in American constitutional history, Volume I:  The colonial era through reconstruction (pp. 160-169).  Lexington, MA:  D. C. Heath and Company.  Quotation on pp. 162-163.

[3] Reflecting this, for example, was the evolution of how we choose our presidents – we still have the Electoral College. 

[4] Bailyn, B.  (1992).  The birth of republican constitutionalism.  In K. L. Hall (Ed.) Major problems in American constitutional history, Volume I:  The colonial era through reconstruction (pp. 91-97).  Lexington, MA:  D. C. Heath and Company.  Quotation on p. 91.