Three
documents, the Declaration of Independence, the Constitution, and the Bill of
Rights, known collectively as the Charters of Freedom, have secured the
rights of the American people for nearly 250 years. They and the principles
they assert are considered crucial to the true historical identity and proper operational
philosophy of the United States.
Ten fundamental ideals that
launched and defined the American Republic can be discerned within these
documents. People can disagree over the specifics, but there is also
substantial agreement about what the Founders and Framers cared about and what
they were trying to introduce into a world sorely needing fundamental and
foundational improvement in politics and governance.
We, the people who have lived
through some of the twentieth century and the start of the twenty-first, must
recognize that properly understood America is an unrealized ideal. America is
not a land mass, a population, a flag,
or a set of monuments. America is a mission and a challenge. The Founders and
Framers began it, but each subsequent generation continues to have a solemn
duty to advance what is toward what might and ought to be! Anyone who has ever
said the Pledge of Allegiance or sworn an oath to the Constitution has
knowingly or unknowingly vowed to make America "live out the true meaning
of its Creed!
Unfortunately, in contrast to the
documented ideals of America, the operationalized values of far too many
Americans stand against what the explicit American Creed stipulates. While the
descriptions of the two sets of beliefs are distinctly similar, the latter
phrase does not identify concepts that closely align with those expressed by
the former. The substance of the operationalized values of Americans depends on
which Americans one is considering or referring to. There are people born in the United States
who are citizens by birth who have no affection for or affinity with America's ten
fundamental ideals:
1.
Equality
2.
Inherent Rights
3.
Truth
4. Popular Sovereignty
5, Rule of Law
6. Justice and Fairness
7. Patriotism
8. Inclusivity
9. Pursuit of Happiness
10. The Common Good
Many "natural born"
citizens are bigots, misogynists, zealots, chiselers, swindlers, and scoundrels
of all varieties. Some are self-identified white supremacists, neo-Nazis, Klan
members, and many are predatory plutocrats. Others are demagogues busily
striving to be despots. Unfortunately, such people have been part of the
American populace since America began. [GU1] Many
are now prominent, powerful elected and appointed RepubliKlan officials, from
House Speaker Mike Johnson and ex-president Trump on down.
Equality
All citizens of the United States, whether by birth or
naturalization, have the same set of privileges, immunities, civil rights, and
civil liberties. This equality of rights is the Constitutional ratification of
the Declaration's beginning assertion of human equality. The Declaration was
written in the Eighteenth century, so its terminology is archaic: "all
men," but we now understand that the proper understanding is "all
humans." This consideration follows the Constitution's consistent use of persons
and citizens without gender implications.
Based
on the preceding, time has long passed for all Americans to be true to the
words they have pledged or sworn to uphold to stand up, speak up, step up, and
persistently demand that the true meaning of those words infuse the practical
conduct of Americans hour by hour and day by day in all cultural and political
spheres.[GU2] We must remember that human
equality and the universality of inherent rights are the foundational premises
of America and the American approach to politics and governance.
Recognizing equality and
respecting rights are not options; they are duties!
All humans have the same and equal
inherent rights by their humanity. Among those rights are life, liberty, and the
pursuit of happiness, plus those listed in the UN Universal Declaration of
Human Rights. These rights are the basis of civil rights and civil liberties,
but they are more fundamental. These rights arise from our common humanity. Our
shared humanity is one crucial reason immigrants, whether legal or
undocumented, cannot be abused. Every person everywhere on the globe is as
human as every other person. Genital anatomy, skin color, ancestry, religious
affiliation, philosophy, first language, or sexual preference makes no
individual or group more or less human than any other. So, we must behave per
the inarguable truth that, as humans, we all have equal and identical human
rights!
Despite the
reality that we all are undeniably human, far too many Americans behave toward
other Americans and non-Americans as though this were not the case. Any such
behavior is wrong and betrays the betrayers' pledges and the oaths they may have
sworn. At a minimum, such conduct is hypocritical. More often, it is actively
malicious. Every loyal and principled American must remember those remaining
silent in the face of evil are complicit in its commission and somewhat
responsible for the harm done.
Truth
The American Republic began with an
assertion of "self-evident truths." If it were not for the
recognition of and commitment to truth, there would be no America. If truth is
relegated to history and treated as malleable today, the Republic will not survive
and will not prosper and progress. The realization of the America that might
and ought to be requires that officials tell the truth and citizens insist on
the truth, recognize it, respect it, and act upon it. As for the survival and
success of the American Republic, honesty is not merely the best policy; it is
the only policy compatible with or conducive to our form of government's functioning
according to our founding premises and fundamental promises.
Within this context, we must note that
Trump built up 30,573 untruths during his tumultuous administration – a daily average
of about 21 dubious statements. Since leaving office, Number 45 has
relentlessly repeated false claims about the 2020 Presidential Election. Many
reactionaries in and out of public office have echoed these claims, although
not a single one has sought to call any other part of the 2020 general election
into doubt. These incessant election denials are now formally called "The
Big Lie."
For several years, ". . psychologists
and mental health professionals have repeatedly warned that Trump is a "malignant
narcissist," which is one of the most dangerous and anti-social
personality types. For a malignant narcissist, everything and everybody exists
only to serve or empower him, and he has no use for niceties like morality,
compassion, or fairness — or the law, or our Constitution."
"This amoral attitude and
Trump's underlying personality disorder were always problematic throughout his
life — but his amoral, narcissistic, and cruel personality didn't become a
truly catastrophic problem until he became our president."
The behaviors and traits described above reflect no respect
for truth in any context. However, they explain why Trump lies so easily,
repeatedly, and emphatically. Through years of persistent, insistent lying, he
has convinced himself that truth is what he wants and proclaims it to be. There
is another part of interest to Trump's flagrant lying:
"Trump is telling an
especially big proportion of self-serving lies. Instead of telling twice as
many self-serving lies as kind lies, he told 6.6 times as many. (His overall
rate of lying was higher, too, as I discussed in the article.)"
"As it turned out, that was
not the most interesting finding. As I read through Trump's lies in the process
of categorizing them, I realized I could not limit myself just to the
categories of self-serving and kind lies. I had to add the category of cruel
lies — lies that hurt or disparage, embarrass, or belittle other people. In the
research my colleagues and I did, we found that only 1 or 2 percent of all lies
were cruel. That's why I wasn't going to bother with them when coding Trump's
lies."
In 2023, Republicans won a small
majority in the House. After a protracted struggle to elect a Speaker, they
launched bogus investigations and baseless attacks on their political foes. They
formed a "Weaponization of Government" committee to start the
weaponization of government. Their basis was false accusations against the
prior Democratic majority in the House. At least twenty GOP House members seem
incapable of making a true statement on the House floor, no matter what issue
is under consideration or the topic discussed.
"By installing Rep. Mike
Johnson (R-La.), an ardent 2020 election denier, as Speaker without a single
dissenting vote, House Republicans have erased any doubts about where their
true loyalties lie. It was bad enough that 139 House Republicans, nearly
two-thirds of their caucus, voted against certifying Biden's election on Jan.
6, 2021. When their three-week struggle to elect a new Speaker ended in a total
rout of traditional conservatives with the selection of a person who "took the lead in filing a brief in a lawsuit that
sought to overturn Joe Biden's 2020 presidential election win, that claim, widely panned by
legal scholars of all ideologies, was quickly thrown out by the U.S. Supreme
Court. Only a few House Republicans remain who still feel some
responsibility for public truth-telling and governing.
It is inarguable that different people
and parties will advocate different policies and perspectives in any
consequential discussion, and political discussions are no exception to this
rule. Different perspectives are not necessarily true versus false. They can be
a matter of emphasis where parties think certain matters should take priority,
and others think precedence belongs elsewhere. In such situations, it is not always
the case that one side or the other is speaking falsely. Differences of opinion
can be legitimate. We, the People, must respect dissent, but we must not respect
or accept pretense or deception disguised as honest disagreement.
The American Republic is a
government of, by, and for the people. Every American citizen, natural born or
naturalized, has a complete and equal right to participate in political
campaigns, discussions, and elections. All citizens may advocate for their political
and social views, even if they are controversial or unpopular. No private
citizen or public official should face endangerment due to the views they
advocate or the positions they take. The just powers of government derive only from
the consent of the governed. The sovereign power in American politics and
governance remains with the people, and they exercise it through their votes in
free and fair elections. In this context, consider this:
"Quite
simply, there can be no popular sovereignty without a real belief in the value
of government. If the government does not assume and carry out public
responsibilities, less accountable institutions such as the corporation will do
the job in their self-interest." Charles Derber
As the Preamble states, the American
Republic was ordained and established by and on behalf of "We the People."
Circumstances at the time made it virtually impossible for mass participation
in the Constitution's consideration, composition, and ratification via
substantial popular involvement. There is no excuse for moving away from this
key ideal in the twenty-first century. The U.S. government, properly
constituted and construed, must be of, by, and for - us –the people!
From now on, we have much to do and undo
to make popular sovereignty operational in American governance. All voter
suppression methods and measures must stop and go to the trash heap of history.
Elections everywhere and at every level must be conducted fairly, with equal
and authentic voting opportunities afforded to every eligible voter. All votes
cast must be accurately counted, recorded, and reported. The election's winners
must be duly recognized and ascend to office peacefully and promptly.
The rule of law is another ideal
that America strives to achieve but often fails to realize in ways large and
small. "If men were angels, no
government would be necessary. In framing a government which is to be
administered by men over men, the great difficulty lies in this: you must first
enable the government to control the governed and oblige it to control itself
in the next place." James
Madison, Federalist Paper No. 51 (1788)
The Framers of the U.S.
Constitution divided power among the different branches of government
(legislative, executive, and judicial) to address the problem. This framework
for government, known as the separation of powers, ensures no one person can
gain absolute power and stand above the law. Each branch of our government has some
control or oversight over the actions of the other branches.
The rule of law functions because Most
Americans of goodwill agree that it is important no one person can violate the
rights of others without due process. Our Republic depends on citizens obeying
the law and maintaining our social order. This circumstance is sometimes
described as a social contract. The
key to the rule of law is that no person in any governmental position has
enough power to act as though they are above the law or a law unto themselves.
At least two Founders spoke
directly regarding the crucial commitment to the Rule of Law.
There is a story that upon exiting
the Constitutional Convention, Benjamin Franklin was approached by a group of
citizens asking what sort of government the delegates had created. He answered:
"A republic, if you can keep it."
The lesson is that our Constitution is neither a self-actuating nor a
self-correcting document. It requires the constant attention and devotion of
all citizens. Essentially, Franklin meant Constitutional Republics are not
merely founded upon the people's consent; they also depend absolutely upon the
active and informed involvement of the people to keep them functional and
empower them to operate so they govern all the people but rule none. The
Framers did not consent to be ruled and did not want to create a system that
reduced them or their posterity to the status of subjects rather than citizens.
The Constitution is the foundation
of the Rule of Law. True patriotism
demands an informed and intelligent devotion to it and a thorough understanding
of what it says and how those sentences fit together meaningfully to create a
process for governance rather than a pretext for rule.
In the Kentucky Resolutions of 1798,
Thomas Jefferson stated: "In questions of powers, then, let no more be
heard of confidence in man, but bind him down from mischief by the chains of
the Constitution."
The Rule of
Law is crucial to bringing the unrealized ideal to fruition; these quotes clarify
three reasons why this is so...
Justice Ruth
Bader Ginzberg articulates the first:
"… the United States is subject
to the scrutiny of a candid world ... what the United States does, for good or
for ill, continues to be watched by the international community, in particular
by organizations concerned with the advancement of the rule of law and respect
for human dignity."
The second is conveyed below by
Justice Sandra Day O'Connor
"Commitment to the rule of
law provides a basic assurance that people can know what to expect whether what
they do is popular or unpopular at the time."
The third comes from Justice William
J. Brennan:
"The Constitution was framed
fundamentally as a bulwark against governmental power, and preventing the
arbitrary administration of punishment is a basic ideal of any society that
purports to be governed by the rule of law."
As should
be clear, the Rule of Law ensures people in positions of authority govern
rather than rule. Chief Justice Roberts quoted a predecessor on this:
"A king is born to power and
can "do no wrong." Ibid. The President, by contrast, is "of the
people" and subject to the law.". Chief Justice John Marshall
Justice Marshall asserts that the government's proper
function and highest purpose is to serve, not be served. It also means that
people can live according to their conception of what is proper rather than
being intimidated by prevailing opinions about what is acceptable or laudatory
and what is not. For liberty to be practical, people must be able to thank and
express unpopular ideas without fear of persecution. Finally, despite having a
long way to go, America still plays the role of an exemplar in the world. We can
better continue making progress if the other nations of the world are also
becoming more fully governments of, by, and for their people rather than
bastions of authoritarianism.
Justice and Fairness
No person may abuse or exploit any
other person. Every citizen of the United States must be recognized and treated
as. "equal before the law," All people, wherever they live, should be
given all due consideration, and the duty of fairness applies to every person regardless
of ethnicity, color, Creed, primary language, gender, or sexual orientation.
The second stipulated purpose in
the Preamble to the Constitution is to "establish justice." This placement
indicates a high priority on governance that fulfills the ideal of "equal
justice under the law," which adorns the entrance to the Supreme Court.
Unfortunately, Americans have too often fallen far short of living out the true
meaning of this Creed.
In a broader social context, the
ideal of fairness or "fair play" is more often espoused than faithfully
practiced. We also can and must do better here.
Justice and Fairness are crucial to
America, being what the Founders and Framers meant it to be. Thus, We, the
People, have a lot of work to do and a long time to persist. One crucial area
to focus on is governance and politics. The voting rights of every citizen of
age must not be denied or abridged. Dark money must have no place in politics,
and honesty and logic must become more prevalent in campaigns and decision-making.
Patriotism
American patriotism has two complementary
parts. First is critical patriotism,
which loves the country enough to challenge it to live out the true meaning of
its Creed more fully and faithfully. Second is Emotive Patriotism, which connects citizens to their country, its
aspirations, achievements, symbols, and successes.
Carl Schurz conveys this duality in
his dictum: "My country right or wrong; when right, to keep her right;
when wrong, to put her right." Also, we must not forget that America's
birth announcement stipulates "it is their right, it is their duty, to
throw off such Government, and to provide new Guards for their future security,"
when governmental conduct "evinces a design to reduce them under absolute
Despotism." Authentic American Patriotism neither requires nor condones passivity
and submission in the face of governmental actions that trash ten
fundamental ideals. It demands
the opposite.
In thinking
about and acting upon patriotism, we must never forget:
"Our country is not a certain
area of land, of mountains, rivers, and woods, but it is a principle, and
patriotism is loyalty to that principle."
America is the only country explicitly founded on a set of
noble principles. It came from the minds of the Enlightenment, not from the
mists of times long lost to human cognition. If we love America in deeds and words,
our actions must exemplify these noble principles and work to make them
realities in our society and culture.
America is a Republic, indivisible,
but it is also a mixture of various cultures in which people of different
origins and ancestries have equal liberties under the law, differences are
accepted and even celebrated, and opportunity, achievement, advancement, and
success are ideally open to all.
Nothing makes this more evident than
the following:
"Keep, ancient
lands, your storied pomp!" cries she
With silent lips. "Give
me your tired, your poor,
Your huddled masses
yearning to breathe free,
The wretched refuse of
your teeming shore.
Send these, the
homeless, tempest-tost to me,
I lift my lamp beside
the golden door!"
This value led to a lack of
immigration laws for the first century and a quarter of America's existence. The
twentieth and twenty-first centuries movements for civil rights,
nondiscrimination, women's rights, and LGBTQ rights also reflect and advance
Inclusivity.
Pursuit of Happiness
America emerged from the mind, not from the mist. People
of different colors, creeds, and cultures can be Americans by birth or
naturalization. The only essential American colors are the triad – displayed in
our flag. Only when America lives out the true meaning of its Creed may all
strive to improve their lives. They must have access to education, accommodations,
and services to follow a career and advance within it. They must be credited
for their achievements and compensated fairly for their efforts. Under the
value of the "Pursuit of Happiness," people may live and build the
life they desire if they do not violate the equal and concomitant rights of all
others.
Contrary
to a common contention, the "pursuit
of happiness" is not self-indulgent.
"The pursuit of happiness is
a great activity. One must be open and alive. It is the greatest feat man has
to accomplish, and spirits must flow. There must be courage. There are no easy
ruts to get into which lead to happiness." ~ Robert Henri
The
Founders took this value to heart.
"Whenever any form of
government becomes destructive of these ends [life, liberty, and the pursuit of
happiness], it is the right of the people to alter or abolish it and to
institute new government." ~ Thomas Jefferson
The Common Good
Government exists for the good of
the governed; its just powers come from the consent of the governed, and proper
governance acts to promote the common security and general well-being of all the governed. The Founders and Framers
had this perspective due to their study and acceptance of the wisdom of the
ancient philosophers. Remember – those who created and launched America were men
of the Enlightenment:
"It is clear that those
constitutions which aim at the common good are right, as being in accord with
absolute justice; while those which aim only at the good of the rulers are
wrong." Aristotle
The transition from the Declaration
of Independence, which launched America as a human endeavor, and the Constitution ordaining and establishing
a Republic to continue that endeavor undeniably relied upon the ideal of the
Common Good.
The Declaration concludes:
"And for the support of this
Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our
Lives, our Fortunes, and our sacred Honor."
The Constitution picks up these themes of mutuality and
commitment at its very beginning:
"We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America."
If there is any doubt about the aspirations and intentions
of those who launched the American Republic – heed this stipulation by the "Father
of the Constitution."
"The aim of every political
Constitution is or ought to be first to obtain for rulers men who possess most wisdom to
discern, and most virtue to pursue, the common good of society; and in the next
place, to take the most effectual precautions for keeping them virtuous whilst
they continue to hold their public trust." ~ James Madison
Though the ancestors of Americans living today came from
differing shores in different ships under differing circumstances, we are all
in the same boat now! Any contemporary principled patriot who allows governance
for other than the Common Good, that person betrays both the Founders and the
Framers and every American who has died defending the country and Constitution
they created all those years ago!
The issue has risen again:
"THESE are the times that try
our souls. The summer soldier and the sunshine patriot will, in this crisis,
shrink from the service of their country; but they that stand by it now deserve
the love and thanks of man and woman. Tyranny, like hell, is not easily
conquered; yet we have this consolation with us, that the harder the conflict,
the more glorious the triumph."
So, my compatriots – which side are you on?
Larry Conley
