The Best We’ve Got

Dashiell

falconA patriot says “My country, right or wrong.” A nationalist says, “My country can never be wrong.” Implicit is a different view of what “my country” is.  Simone Weil made the distinction in The Need for Roots between country as land, people, culture, and language; and nation as authority, state, army, and flag. And I would add to that list the notion of a dominant or privileged class. The nationalist wants to be in a dominant group, and will kill his fellow countrymen en masse in order to achieve that.

patriotsIn the United States, the tension between these two ideas of country is at a height, and the lines are often blurred. We hear a lot about the founding fathers these days, and the ideas and principles that guided the U.S. at its birth. Everyone wants to claim that mantle. But history is never simple, and when we try to make it so in the service of our ideals, we do ourselves a disservice. When I truly love someone, with the deep and unconditional love that comes with time and effort, I don’t just love certain attractive aspects, but the entire flawed human being. I would argue that the same is true of loving one’s country.

teapartyThe right-wing extremists who still dominate public discourse have an antique schoolboy veneration for the founders without displaying much insight into their ideas, the principles that shaped the Constitution of the United States. American revolutionary thought was anti-autocratic. Despite major differences in the views of such figures as Adams, Jefferson, Hamilton, and Madison, they shared the vision of a republic that would represent the will of citizens rather than the desires and caprices of a monarch or dictator. The founders, being British, were enormously influenced by the British parliamentary and legal tradition. It was, however, too easy for Great Britain to succumb to despotism in one form or another, and the founders therefore sought remedy for this by fashioning a purer kind of republic that had no monarch to be revered, but three branches of government with powers divided between them, all servants of the people.

billofrightsTo this structure was added a Bill of Rights that restricted the government’s ability to interfere with people’s lives. If you study the first ten amendments as originally ratified, you get a good idea of the threats that the founders were worried about. A tyranny would try to control what religion people could practice, what they could say or print, their ability to gather together in groups for peaceful purposes, and their ownership of arms. A tyranny would attempt to break into people’s homes without legal warrants based on probable cause. It would try to arrest and imprison people without formal charges, without the right to confront their accusers, detaining them indefinitely without trial and without a jury. A tyranny would steal people’s property from them, or force them to give their property over for the use of the military.

bostonmassacreAll these threats, these fears, sprung from the founders’ experience of treatment by the British government. They all reflected the desire to prevent untrammeled authoritarian power, which they called tyranny, and to make government a servant of the people rather than a master. The founders differed as to how much power and authority the government should have—Hamilton believed in a strong central power, whereas Jefferson and his followers tended to think in decentralized terms. All shared the belief that the legitimacy of government power depended on the consent of the governed. What exactly this “consent” is, and how to determine it, was the perennial issue of debate, and it was in the very nature of a republic for this to be the case.

beckcryingIf we look at the right-wing “patriots” of today, outside of the pure libertarians, it is remarkable how indifferent they are to the actual thought of the founders. What we see here is crude authoritarianism, in which “America” needs to be the greatest and most powerful country in the world, providing its citizens with a good measure of economic affluence. The Bill of Rights is mainly viewed as an obstacle to getting things done, and other than the part about bearing arms (which makes money for the gun companies), the “rights” enumerated are painted as threats to national security, law and order, morality, and the Christian religion. When someone outside of the right-wing becomes President, the “patriots” start squawking about rights again, but it’s only political warfare, not principle, since the same rights didn’t mean anything to them when a right-wing President was in office.

What we have, then, is an American “patriotic” movement that is essentially no different than monarchism or dictatorship—the polar opposite of the republican ideal aimed at by the founders.

slavesTurning from the schoolboy notions of American history to actual history, in the air and sunlight of reality, there is a painful tension between the ideas of the founders and the historical conditions in which they grew. British colonists settled on a new continent, killing and displacing native populations in the process. The cultivation of land and the development of this new society were greatly facilitated by the importation of African slaves. The property owners held power, and enjoyed the greatest benefits, including the benefits of education. They were the true “citizens,” not the laborers or the poor. Women had no vote—that went without saying, as it was the condition of women in all of Europe as well.

Post-revolutionary history reflects all these tensions quite explicitly. The killing and displacement of Indians increased as colonization expanded westward. This expansion brought out other imperialist tendencies, such as in the Mexican War. And of course, the existence of slavery became an impossible moral and political burden, resulting in a huge civil war between the northern and southern regions of the country. Although slavery ended, the struggle over the status of African Americans continued.

washingtonThe tragic and bloody history of the United States has caused many on the left to be skeptical about the republican ideals of the founders. If Washington and Jefferson held slaves, how can we take their notions of liberty seriously? This is an understandable reaction to the schoolboy version of American history. Moreover, the awareness of economic power and the class system as crucial factors in politics makes the founders’ reliance on Enlightenment ideals seem naïve. They tended to rely on moral explanations based on character, without reference to economic realities. Yes, despotism has its root in greed and selfishness, but these character defects thrive in a socioeconomic culture.

civilrightsmarchBut to be aware of the truth of our history does not necessitate turning against love of country. For the right wing, in the spirit of “my country can’t be wrong,” the only recourse is denial or minimizing. Slavery wasn’t so bad; the Indians mostly deserved what they got; that sort of thing. For progressives who still retain love of country, however, the answer lies in a vision of the United States as work in progress. We view the republic as an ideal to which successive generations add their experience and insights, expanding the scope of what liberty means. In fact, this is largely in the spirit of the founders themselves, who had the foresight to make the Constitution a document that could be amended and variously interpreted. They even made provision for more constitutional conventions by which the people could revamp the founding document. We were not stuck with slavery, or with no suffrage for women. Provision was made for change, although it was deliberately made rather difficult to actually amend the Constitution, perhaps more difficult than has been good for us. The rapidity of social change has made our founding document seem rather rickety at times.

va_state_capitolThe states, for instance, were very important entities in the beginning. It really meant something to be from Virginia, or New York, or Massachusetts. The U.S. Senate owes its origin to this notion of state autonomy. In modern times, though, with migration between states becoming so common as to be the norm, there just isn’t the same significance attached to the idea of one’s home state, at least not in the political sense. It has created an imbalance of power in the legislative branch, since sparsely populated states such as Wyoming have just as many senators as California or New York. This reinforces an American provincialism which empowers the most backward elements of society. It would require a major Constitutional change to correct this, and it’s not at all clear that this would be to our ultimate advantage.

The biggest problem with the form of government bequeathed to us, in my view, is that it did not prevent the rise of an industrial capitalist ruling class that has effectively assumed power in the U.S. government since the 19th century. Critics point to the use of the 14th Amendment to confer personhood (and thus citizenship status) on corporations as the nail in the coffin. As long as corporations are treated as free entities with rights, their dominance of the political process is assured.

signingNo Constitution will ever be perfect, and ours is no exception. At heart, though, I think the system of government devised by the founders is better than any of the alternatives so far attempted in other countries. I suppose this makes me old-fashioned. I just think it’s the best chance we’ve got, and I see many of the problems posed by an imperialist, corporate, authoritarian America as a turning away from the American tradition, a regression, if you will, to older monarchic and despotic ways of thinking. There is no mention of Wall Street in our Constitution, or of a two-party system. The equation of the United States with such things is a convenient myth for the powerful. As an American progressive, I embrace love of country, and love of our Constitution as a living document capable of growth and adaptation. I accept this framework as what we have to work with, and I look with suspicion on those who claim to support it while undermining it with their actions.

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~ by cdash on September 6, 2009.

5 Responses to “The Best We’ve Got”

  1. Another great post, Dash.

    The Corporations however get their authority from a very gilded-age era constitutional law case, Santa Clara v. Southern Pacific (Just down the street from me, literally walking distance), in which — without any legal precedent — The court reporter duly entered into the summary record of the Court’s findings that
    “The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteen Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.”

    It has been speculated that this was actually the work of the court reporter on his own. At any rate, because it was put into case law, it set the precedent. But there is no actual law around it.

    Progressives have been trying for years to get a case before the Supreme Court that would challenge it, but the Court has refused the cases each time.

    Regards,

    Tengrain

  2. excellent analysis! as long as might makes right and wealth can retain power our country can not live up to it’s potential and ideals. legally, it seems as if the courts are fully owned by wealth and does the power’s bidding rather than use the constitution as the focus of laws and enforcement of those laws.

  3. I wouldn’t mind it as much as I do if the Constitution were not predicated on, and continues to be staunchly supportive of, the sanctity of the patriarchy, and male prerogative in general.

    We need a special election in which every other male is replaced by a female so that we have 218/217 House & 50/50 Senate female/male representation.

    Gender parity is MIA.
    Always has been.

    Tremendous pejoration of women.
    Denial of equality . . . . with 1/2 of the human race omitted.

  4. […] The Best We’ve Got « Jonestown fairlane.wordpress.com/2009/09/06/the-best-weve-got – view page – cached #Jonestown RSS Feed Jonestown » The Best We’ve Got Comments Feed Jonestown Hello world! The Church of Conformity — From the page […]

  5. you are sick!

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