Some election thoughts
The revolution will be televised
After a midterm election which featured the largest pick-up of seats by any one party since 1948, most mainstream pundits have focused on the purely political slicing and dicing: is the Tea Party ascendant? What does it mean for 2012? How crazy is Rand Paul?
But elections are also moments to reflect on the foundations of our system of governance, because they illuminate the most fragile elements of our political system.
In no particular order, some TPP-style election ruminations:
- Power Changes Hands Peacefully…Again: this blog often focuses on value-laden questions about such issues as the limits of freedom, the obligations of equality, and the standards of political conduct. We spend less time on how our political process is constituted, but that doesn’t make the topic any less central to real political philosophy. When the balance of power shifts as dramatically as it did on Tuesday, it’s a useful moment to remember that the way we have designed our political system has never once lead to bloody succession. Scholars will debate why, but the results are noteworthy
- The Growing Danger to Democracy?: emboldened by the Citizens United decision last year, undisclosed third-party expenditures reached $300 million during this cycle. Much of this money came from a handful of very wealthy donors. While these political contributions are protected speech, it’s time to wonder whether they will overwhelm the voices of average voters–and what that means for America
- What’s an Opposition to Do?: Representative John Boehner (R-OH) finds himself in an interesting position. The likely Speaker of the House for the new Republican majority faces, on the one hand, a base eager to undo much of the sweeping legislation Democrats passed over the past two years and, on the other, a need to actually address the many problems currently plaguing America. He faces a real question about how to lead his caucus. Should they stand in the way of the President and the Democrats, or is it time to put aside ideology and compromise?
These are just a few things I’m pondering. What about you?
-Sam
Image used under a Creative Commons attribution license from Flickr user Rob Boudon.
Blinded by the light
Feeding the national dialogue
“The dialogue is impoverished.” This lament is heard across the political spectrum, echoing between the margins of opinion pages and muttered by graying professors in an air of resignation. It’s the reason this website was created. It’s a statement we all seem to agree on, and one thing we are all trying to fix. This makes it all the more regrettable when an attempt at the solution only adds to the problem.
Writing for The Wall Street Journal, Professor Peter Berkowitz begins well enough: liberal commentators have been dismissive in their views of the Tea Party movement, and this is wrong. I agree completely with this statement – there are many powerful (and perhaps ultimately correct) reasons to believe in the principles of personal liberty and limited government. These reasons constitute philosophical arguments, and they’re arguments that opponents of the Tea Party should engage with in good faith, clear logic, and intellectual honesty.
Berkowitz, unfortunately, believes the debate should lie elsewhere. Read more
Bring it on back?
A piece from Newsweek explores (and criticizes) tea party veneration for the Constitution. What I found most interesting is a distinction between two types of “originalism” in Constitutional interpretation.
While conservatives generally prefer the second approach, many disagree over how it should be implemented—including the Supreme Court’s most committed originalists, Antonin Scalia and Clarence Thomas. Thomas sympathizes with a radical version of originalism known as the Constitution in Exile. In his view, the Supreme Court of the 1930s unwisely discarded the 19th-century’s strict judicial limits on Federal power, and the only way to resurrect the “original” Constitution—and regain our unalienable rights—is by rolling back the welfare state, repealing regulations, and perhaps even putting an end to progressive taxation. In contrast, Scalia is willing to respect precedent—even though it sometimes departs from his understanding of the Constitution’s original meaning. His caution reflects a simple reality: that upending post-1937 case law and reversing settled principles would prove extremely disruptive, both in the courts and society at large.
The piece goes on to criticize the Tea Party’s “Constitution in Exile” beliefs. My own distaste for Constitution and history worship has been well documented on this site, but I wonder if this distinction makes any difference in the final analysis. After all, if the Constitution really is in exile, maybe there is an argument responsible citizens should try to bring it back.
-Han
Photo by Flickr user bsryan used under a Creative Commons Attribution license.
Career of evil?
A continent’s past crimes and present guilt
A piece in The National Review commends an essay by Parisian intellectual Pascal Bruckner that diagnoses a type of European “self-hatred.” Europe apparently views its own history as a series of crimes for which it must repent. Bruckner thinks this guilt is responsible for the continent’s “decline.”
Do Europeans have reason to be remorseful? While denying that guilt can be transmitted from generation to generation — “As there is no hereditary transmission of victim status, so there is no transmission of oppressor status” — Bruckner acknowledges that European history is pockmarked with crimes: slavery, feudal oppression, colonialism, fascism, and Communism.
On one hand, I agree that there is no hereditary transmission of moral guilt – the son is not responsible for the sins of the father. However, there is a certain sense in which a feeling of guilt for a society’s past crimes can be both important and helpful. Read more
Makes much more sense to live in the present tense
Over at CNN, Will Bunch bemoans how Glenn Beck is attempting to rewrite history in order to support his own political agenda.
For thousands of followers […], there is a genuine desire to relearn American history. The only problem is that what they’re learning is bunk. It’s not history as it happened, but rather a Beck-scripted, Tea Party rewrite of history that demonizes Obama, Democrats and progressive activists.
This problem is a consequence of the harmful reverence for history that I wrote about earlier this week. If we didn’t have such a history-worshiping political culture, then no rewrite of history would have such an effect on our present day politics.
For example, Glenn Beck teaches his viewers that America’s creation was rooted in Christianity. Whether this is historically true or not, it shouldn’t matter. Even if America was rooted in Christianity, it shouldn’t settle the issue about whether today’s America should be a Christian nation.
The solution is a greater reverence – or at least awareness – of philosophy’s place in politics. If we had such a political culture, Glenn Beck and others would have to argue their case with solid theory and sound logic. And if he can do that, then maybe he’s right.
-Han
Photo by Flickr user Gage Skidmore used under a Creative Commons Attribution license.
All those yesterdays
Philosophy, the Constitution, and respect for the Founding Fathers
According to a report by the Associated Press, Republicans have proposed forty-two amendments to the Constitution during the current Congress, compared to twenty-seven such proposals by the Democrats (one third of which are part of a package from a single member).
This is surprising because many Republicans won their seats as strict defenders of the Constitution’s “plain language.” One of these politicians, Rep. Paul Broun of Georgia, explains away the discrepancy.
He said the Founding Fathers never imagined the size and scope of today’s federal government and that he’s simply resurrecting their vision by trying to amend it. “It’s not picking and choosing,” he said. “We need to do a lot of tweaking to make the Constitution as it was originally intended, instead of some perverse idea of what the Constitution says and does.”
Apparently, politicians like Rep. Broun appeal to the intentions of the Founding Fathers as their political philosophy, not the Constitution itself. Variations of this “Founding Father-ism” exist across the political spectrum, yet there are several problems with this position. Read more
Americans are stupid
You may not know this, but, earlier this year, President Obama signed into law the most sweeping overhaul of health care since the 1965 creation of Medicare. It’s the largest piece of social legislation in at least half a century.
I know, I know, I shouldn’t be treating you as if you have your head buried in the sand. Except you do.
According to a recently leaked presentation based on polling and focus groups about the law encourages Democrats to “Let voters know the healthcare [sic] law passed!”
They don’t know? Really?
This raises a depressing question: what’s the point of governing in the Republic of Ignorance?
Most major theories of government make some basic assumptions about human rationality. Some say people are perfectly rational beings capable of deciding their own good. Others take a more moderate stance, suggesting that people are often shaped by their environment and circumstances.
But few if any theories account for complete and total inability to notice life-changing events.
My tone may be humorous, but my humors are melancholy (the bodily ones, anyway).
It’s time to make a choice. Must we radically improve the capacity of our population to understand the basic knowledge it takes to function as a democracy? Or should we radically rethink democracy itself?
In either case, it may be time to do something radical.
-Sam
Image of a lemming used under a Creative Commons attribution license from Flickr user kgleditsch.
History helps
A reply to Han
In his post today, Han disagrees with some big guns–Sandra Day O’Connor and George Nethercutt, Jr.–arguing against the importance of historical knowledge for legal, policy, and political philosophy questions. Alas, I’m with Sandy and Chip on this one.
As to the law, Han writes: “It doesn’t seem to me that in order to understand the purpose and function of the Constitution someone also has to study the Philadelphia Convention of 1787.” Constitutional interpretation is not pure philosophical argumentation, even on interpretative theories that incorporate as much moral philosophy as possible into the process. What does the 5th Amendment’s “due process” language guarantee? Can we figure this out without historical knowledge, by merely analyzing the words de novo?
First off, the phrase itself is historically contingent, a term of art as it were, with roots in the 14th century Magna Carta, and we need to examine this history, as the Founders understood it, to even begin to discern what protections the words deliver to Americans charged with crimes. Secondly, that many judges before us have grappled with the phrase’s meaning is especially relevant for the rule of law, which depends upon the power of precedent, even if to a lesser degree in a Constitutional context. We don’t want judges to redefine the entire Constitution every year.
How the West was won and where it got us
Is knowledge of our country’s history necessary for engaged citizens?
A few days ago, an op-ed in the USA Today by Sandra Day O’Connor and George Nethercutt, Jr. lamented the lack of knowledge among Americans of the history of the nation and its founding documents. In their words:
Parents, educators and leaders at all levels of American society have a role to play in helping our youth develop a working knowledge and understanding of our nation’s founding papers, the American political system, lessons of principled leadership, basic economic principles and significant historic events that have shaped our nation. This basic knowledge of our past is critical to our present and to our future if we are to continue to enjoy the freedoms envisioned by the Framers.
What I find most interesting is the inclusion of both historical and civic education in this prescription for America. No doubt, most people would agree that a basic understanding of politics and economics is a moral imperative for engaged citizens in a democracy, but does historical knowledge have the same moral standing? The assumption here seems to be that without knowledge of American history, one cannot truly understand American institutions. I find this claim suspect.
Sacred (but political) texts
The day before the Fourth of July, Tara Rowe from The Political Game offered her readers a guest post on relationship between one’s faith and one’s interpretation of political issues and of the US Constitution. In the end, it is a screed against America’s religious right and people like Glenn Beck, full of generalizations and frustration—but it raises some interesting questions despite all of the arguably unfair assumptions it makes.
Leonard Hitchcock, the guest poster, criticizes many conservatives for concluding “that political issues are really religious ones” and focuses on the religious reverence for the Constitution as sacred, God-given, and therefore immutable Scripture. Hitchcock, then, is working under the assumptions that political issues are not (and cannot be) religious issues and that one’s handling of the Constitution should show no sign of faith.
Are these conjectures correct?
America has had a history of idolization and myth-making when it comes to things like the Founders and founding documents ever since Lincoln’s time, so it might be incorrect of Hitchcock to portray the religious right’s behavior as new or unique.
And if we define one’s political view as part of one’s general worldview, and faith is a part of one’s worldview, then surely politics and faith will talk to each other at least on occasion.
But to what extent should one be allowed to claim the high ground on a political question by pointing to faith—something that does not lend itself to debate in the way politics does?
What happens to political discourse when religion is used as a sort of ‘Win’ button in political arguments?
-Jonathan
Photo by Flickr user kc7fys used under a Creative Commons Attribution license.
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