22 February, 2024


America - The Yet Unrealized Ideal

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!

Inherent Rights

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.         

Popular Sovereignty

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.

 

Rule of Law

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.

Inclusivity

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

 




 





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