The last posting reported
that during the lifetime of the first generation of settlers in the New England
colonial area a religious debate developed.
That contention pitted those who idealized religiosity being the product
of the intellect as opposed to being more passionately based as expressions of
the will. The purpose of this posting is
to contextualize the debate as one that did not challenge the basic federalist landscape
that the colonists established under their covenantal arrangement.
This landscape is described by Daniel Elazar,
Indeed, it is the
development of the social, economic and constitutional as well as the political
bases of American federalism in the colonial period that created the federalist
political culture which influenced the framers of the Constitution to invent
the federal system. As in every other
aspect of American life, the colonial background was crucial. It was within the five generations of American
colonial history that the basis was laid for a covenantal federalism. Indeed, it was so well laid that Americans
have taken it utterly for granted and have virtually ignored it ever since.[1]
This posting describes how
this general relationship between federal thinking and the evolvement of basic
social institutions among these settlers took form. It is through institutional arrangements that
one can detect and to a degree measure the attributes of a people’s culture,
including its political culture. One can
term these arrangements as the “roots” of a culture and of its various
components.
Elazar focuses his commentary on the settlers’ economy,
social structures and processes (along with their functions), and the religious
elements. One of the first points Elazar
makes is that one can trace these developments all the way back to the Mayflower
Compact (1620) and that he cites that document as an example of a covenant. Why?
It is an agreement that situates its signees to unite in order to seek
common purposes but with the understanding that each signee retains his/her “respective
integrity.”[2]
To further contextualize this development, one should keep
in mind that among the colonies, there were countless expressions of unity. They committed the involved participants to establish,
maintain, and/or assume united efforts.
They were numerous covenants and compacts that the colonists drew up and
agreed to from the time of the Mayflower Compact to the US
Constitution[3]
– and beyond in the years of this nation’s history. They, the agreements, affected the behavior
of colonists, but also affected their formation of their ideals – a reciprocal
relationship.
As for the economy, what federal/covenantal attributes can
one detect? There, one can find that
British and Dutch trading companies were organized around federal elements. They were royal entities that enjoyed
monopolistic advantage, but they were also set up as shareholder ownership arrangements
which, in turn, controlled their business operations.
Often, these shareholders
attempted to control their operations from Europe, but this eventually failed
due to the long distances involved in handling the inherent politics. There were exceptions in that in some limited
cases the shareholders were themselves settlers. Usually, these actors were politically
influential individuals in the respective settlements who in addition to their
political power also enjoyed economic power as well. But the point is that this shareholder
structure reinforced a federal model of organization.
The organization of trading
ships also provides an example. On those
ships, the typical organization had crew members sign up not merely as simple
employees. They instead signed a ship’s
articles. Through that instrument, these
members agreed to submit to the ship’s authority, which was ultimately in the
person of the captain, in exchange for an agreed upon portion of the ship’s
profits. This model interestingly
reappeared in American history in the way wagon trains were organized as they
made their way westward. Each of these
examples were incidents of efforts being arranged through the instrument of a
compact.
Important to consider or
recognize in these arrangements, is that the path leading to the necessary collaborative
effort was this essential step in forming an agreement that held a level of
sanctity (either religiously or securely based). So, one would think that this model would
apply to religious entities. Did
it? Yes, and initially, as this blog has
reported, that tie-in started with the Puritans.
And, in turn, that
Puritanical mode of organization can be traced to the biblical accounts of the Jewish
covenant with God. This is further cited
due to the essential attributes that characterized those covenants. While this agreement was believed to be with
an all-powerful entity, God, the signees retained their integrity.
Why? Because only a sufficiently free agent can
enter into a meaningful agreement. While
this calls on God to forsake a degree of His omnipotence, the resulting
agreement is established as a partnership in its truest sense. It also sets a foundation for human freedom
since only a free person can enter into a true partnership.
Extending this basic
relationship, therefore, one can deduce that all social or political
arrangements derived their legitimacy from this basic covenant between humans
and God, or in this case, the settlers and God.
Practically, this sets up the formation of congregations, townships, and
more inclusive political/governmental arrangements all the way up to what would
become state governments and the national government as well.
Okay, that might have happened
in New England, how about in the other colonies farther south? Elazar reports that roughly half of the churches
established in the other colonies followed this congregational model. In addition, he states that a significant
number of townships were so organized.
One area where this was commonly
true was Virginia where Puritans had a clear presence. Elazar writes, “Even after the eighteenth
century secularization of the covenant idea, the camps of southwestern Missouri,
central Colorado and the mother lode country of California, or in the agricultural
settlements of the upper Midwest.”[4] He goes on to describe how this prevalence
led to an ideal, that of “federalistic individualism” (which this account will call
“federal individualism”).
This individualism parts
from what Elazar designates as Latin individualism which he describes as anarchic. Instead, this individualism recognizes agreed
to limitations on individual prerogatives so as to abide by covenantal or
compact-al provisions. But even in this,
the individual retains his/her integrity.
What ideally results are subtle bonds of partnership.
This holds that despite the
challenges a diverse population presents to such bonds, this writer concludes
that through waves of immigration, for example, a centered (to the elements of
this partnership) pluralism should hold among the American people.[5] This is a fairly nuanced ideal, but it is
central to federalist thought.
Within this theorized construct
one can detect and Elazar provides a functional definition for federalism. It is:
… American pluralism is
based upon the tacit recognition of those bonds. Even though in the twentieth century the term
pluralism has replaced all others in describing them, their federal character
remains of utmost importance. At its best,
American society becomes a web of individual and communal partnerships in
which people link with one another to accomplish common purposes or to create a
common environment without falling into collectivism or allowing individualism
to degenerate into anarchy. These
links usually manifest themselves in the web of associations which we associate
with modern society but which are particularly characteristic of covenanted societies
such as that of the United States.[6]
And with this last claim,
unfortunately, this writer parts company with Elazar.
Until his death, he claimed
that in a dominant position of influence, if somewhat or significantly tacit,
the US retained this ideal, which he and others call federalism. This writer also calls it federalism but does
not agree that it has retained its dominant position. That change occurred in the years following
World War II and what is dominant today is the natural rights construct.
But that is not to say all
those years in which federalism was dominant did not leave its mark. For example, much of what is described in
this posting might seem necessary for a nation to be sufficiently cohesive. The next posting will offer other ways to go
about establishing and maintaining a polity.
This is deemed as important because what federalism offers seems,
especially to Americans, often to be the only option available to a people.
[1]
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, 9.
[2] This aspect is very important in
theorizing the attributes of federation theory.
To consider this aspect, the reader is directed to read this blogger’s
book, Toward a Federated Nation and its description of regulated equality. In turn, he counts on the arguments of Philip
Selznick. See Robert Gutierrez, Toward
a Federated Nation: Implementing
National Civics Standards (Tallahassee, FL:
Gravitas/Civics Books, 2020) AND Philip Selznick, The Moral Commonwealth: Social
Theory and the Promise of Community (Berkeley, CA: University of California Press, 1992).
[3]
Donald S. Lutz (ed.), Colonial Origins of the
American Constitution: A Documentary
History (Indianapolis, IN: Liberty
Fund,1998).
[4]
Elazar, “How Federal Is the Constitution?
Thoroughly,” 10.
[5] See Robert Gutierrez, “A Case for Centered Pluralism,” Curriculum and Teaching Dialogue 5, 1
(2003), 71-82.
[6] Elazar, “How Federal Is the Constitution? Thoroughly,”, 11 (emphasis added).
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