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, January 21, 2022

TWO LEVELS OF DISPERSION OF POWERS

 

[This blog is in the midst of a series of postings that aims to share with the reader a history of the nation – albeit highly summary in nature – from the perspective of a dialectic struggle.  That is the struggle between a cultural perspective that emphasizes more communal and cooperative ideals of federalism and the individualistic perspective of the natural rights construct.

The general argument this blog has made is that federalism enjoyed the dominant cultural position in the US until World War II, and after a short transition, the natural rights view has been dominant.  Whether one perspective is dominant or the other; whichever it is, that fact has a profound impact on the teaching of civics in American classrooms.]

 

This posting and the next take on a challenge that bloggers should avoid.  It’s going academic.  And the main focus is to not only be definitional – as to the meaning of federalism – but also to distinguish it from two other obscure terms, consociationalism and Jacobinism.  The purpose for this madness is for the reader to more readily understand what one means by using the term republic by comparing three forms of this type of governance.

            By way of contextualizing, federalism doesn’t just mean something that sounds appropriate for some organizations to name themselves as in “The Federation of” whatever (such as workers, builders, teachers, etc.).  And it means more than a governing arrangement that has a central government and state governments.  It is a whole way of seeing how a people should or could be governed through their own auspices.  

It would be interesting to test Americans and see how they define the relationship between a central government and that of the states.  This writer worries that in the minds of most in this federated nation, people see states more like provinces than sovereign entities.  Yes, states, by being part of the US system, have relinquished certain sovereign powers but have retained others.

          But this is getting into the weeds without defining the outer boundaries of what federations are.  And in getting at this, this blogger relies on a name the readers of this blog have encountered many times.  That is the name, Daniel J. Elazar, and with the help of Arend Lijphart, Elazar provides his readers with basic definitions – in political science speak – of the above terms.  And in doing so, Elazar does what many contemporary political scientists hesitate to do.

          He writes,

For those who are willing to take … [a] normative step or at least to recognize the normative implication of the term [federalism], it may also be empirically useful in describing what is, after all, a universal phenomenon of particular significance in our age of highly complex governmental structures, relationships, and processes.[1]

And key is the use of the term, “intergovernmental relations,” since such a concern is universal among all nations. 

They all have, perhaps with the exceptions of city-states (Monaco comes to mind), cities, county like divisions, provinces, states, and other regional designations with constitutionally defined powers and limitations.  Therefore, every nation needs to find the procedural modes of operation by which to govern between and among these entities, hopefully in coordinated fashion.

          A comparative term, therefore, that one can use to assist in comparing political systems is “intergovernmental relations” that focuses on how and why these entities “mix it up” – which can be cooperative, competitive, communal, and/or collaborative – in either conducting both long range governance and in engaging in the politics of the day.

          And here a more common term comes into play.  One can ask how democratic the system under analysis is or simply highlight the level at which the majority of citizens has its way to determine governmental policy.  Reminder (for long term readers of this blog): federalism argues for instituting a qualified majority rule.  It, federalism, mainly sees pure democracy as problematic in that it easily leads to the majority oppressing or exploiting a minority.

          In the US, for instance, and this is currently very much an active issue, its people’s migration to the urban centers, if the system were a purely majoritarian democracy, would lead to the abuse of rural populations.  So, the system holds certain constitutional protections for the less densely populated areas.

They include having equal representation among the states in the US Senate, the Electoral College provision, and the prohibition of the central government governing certain local affairs that don’t have constitutional protections – usually in the form of individual rights – such as in running public school systems.  Of note, many believe that these anti-majoritarian provisions have tilted the system too much to protect this minority and they, in turn, are abusing the majority.

          So, at an ideal level of concern, systems that shy away from pure majoritarianism need to be conscious and directed toward respecting whatever level of democracy they choose to pursue or have established within their constitutional makeup.  And once one leaves the direct democracy model of an ancient Athens, representation comes into play.  That is, the people don’t directly choose their policies, but their representatives do and that makes such systems republics. 

But a question remains:  how dispersed will power be within such republics?  How respectful will a given system be in honoring the prerogatives of local governments or local populations?  Elazar identifies three levels of dispersion.  The most centralized system is Jacobinism and that can be found in France.  The purpose here is to point out that that system has the authorities in Paris having a strong hand in what policies will be implemented from a national to a local level – at least that has been that nation’s traditional approach to governance.

          But there has been of late a movement to allow for more localism in France’s governance, a movement of the last forty years or so.  Here is a general description of how localism has gained that respect in this Jacobin oriented system:

While local government in France has a long history of centralisation, the past 20 years [as of the writing of this source in 2003] have brought some radical changes. … In France there are three main tiers of local administration:  the commune, department and region.  These are both districts in which administrative decisions made at national level are carried out and local authorities with powers of their own.  Legally speaking, a local authority is a public-law corporation with its own name, territory, budget, employees, etc. and has specific powers and a certain degree of autonomy vis-à-vis central government.  In addition, there are France’s overseas territories and regional bodies (collectivities territoriales) with special status (Paris, Marseille, Lyon, Corsica, Mayotte and Saint-Pierre-et-Mequilon).[2]

Apparently in France, there have been popular demands to soften its Jacobinism, although this description does not indicate a less majoritarian character of that nation’s polity.

          The next level – one of more dispersion – is consociationalism-style democracy and is exemplified by the Netherlands.  That nation is a constitutional monarchy (the head of state is a King or Queen with constitutional powers – albeit limited), but instead imparts the bulk of governmental powers on ministers. 

That is, the key characteristics that consociationalism-style arrangements exhibit are a grand or overall coalition, proportional distribution of power, mutual veto power, and autonomy dispersed to segmented territories. But the most defining element is the executive power-sharing arrangement, usually in the hands of an executive committee of what are called unionist or national ministers as exists in the Netherlands.  They can be more proactive policy makers than are allowed in federalist systems, but less so than in Jacobin-style systems.

That is, “consociational systems are dependent upon concurrent majorities, generally aterritorial in character.  Both [consociationalism and federalism] involve the systemic building of more substantial consensus than in simple majoritarian systems [i.e., Jacobin-style polities].”[3]  Therefore, both are not as proactive systems as simple majoritarian systems can be.

While much more can be said of these first two forms – Jacobinism and consociationalism – the purpose here is to merely introduce the reader to these other two republican forms of governance so as to better judge federalist systems in regard to majoritarian power arrangements and dispersion of power.  It turns out these two characteristics are related to each other.  The next posting will finish this review of these three forms of republican governance by focusing on federalism.  It will emphasize how federal systems deal with dispersion and majoritarian rule.

But before leaving this posting, a reminder:  the topic of republicanism and how Americans were to define it became an issue with the New Nationalism that Theodore Roosevelt introduced at the beginning of the twentieth century (see the last posting, “A Split in the ‘Bigness’ Debate,” January 18, 2022).  His proposal not only flew in the face of what Louis Brandeis – a more federalist advocate – favored but countered the historical foundation that the nation assumed its political culture to be.



[1] Daniel J. Elazar, Exploring Federalism (Tuscaloosa, AL:  The University of Alabama Press, 1987), 17.

[2] Nick Swift and Guy Kervella, “A Complex System Aims to Bring French Local Government Closer to the People,” City Mayors Government (June 23, 2003), accessed January 20, 2022, http://www.citymayors.com/france/france_gov.html .  British spelling used except for French terms.

[3] Elazar, Exploring Federalism, 20.

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