Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Saturday, March 23, 2024

The Pledge of Allegiance in the Mouth of Trumpists Is Mendacious

When Trumpists recite the Pledge of Allegiance, what meaning does it have?  The pledge has always been aspirational in that its description of our republic, while rooted part in fact and part in folklore, has never reflected the reality of our country.  


Today, when Trump and his supporters recite the pledge, the words are for liberals mocking, so opposite to Trump's vision, and to the reality that the poor, people of color, and even the middle class face every day of their lives.  

We all know the words of the pledge:

"I pledge allegiance to the flag of the United States of American and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."


Let's start from the end: "with liberty and justice for all."  For the third of our countrymen who are either poor or people of color (the poor - 12.4% or 42 million; people of color - 27% or 92 million - there is substantial overlap of the two categories), there is very little liberty and justice.  And if Trump is elected it will get even worse as he has no regard for liberty and justice for all.


Liberty means having the opportunity to pursue life, to pursue your dreams.  But for this segment of our citizens, there is precious little opportunity, starting from the brutal fact that they don't have true educational opportunity, and without that there is no way forward.


Justice means both justice in courts of law and social justice – that people are treated fairly, with equality.  While the courts may treat the poor and people of color fairly, they experience little social justice, either in that they are treated with inequality in many forms of government action, or in the fact that the enforcers of the law - the police - do not treat them with equality.  It is ironic that so many Americans – Trump supporters – complain that the government favors the poor and people of color with its largesse, whereas the truth is quite different.  Yes, there are many programs that focus on these groups, but that is far from telling the whole picture.


"Indivisible."  Our country is more divided, and more deeply, than at any time in our history, with the exception of the Civil War.  In the past, regardless of regional or class differences, people felt we were all Americans and all came together in moments of crisis.  We were able to agree to disagree.


Today, because of Trump, that is no longer the case.  The two almost equally divided halves of this country do not agree to disagree.  Each side feels the other is traitorous and a danger to the country's future.  There is frequent talk of civil war in the future.  It is only because of the strength of Mike Pence's commitment to the Constitution that this country was not plunged into a constitutional crisis on January 6, 2012, which could easily have turned violent, with military intervention.


And what meaning does "one nation under God" have?   It is true that 74% of Americans report that they believe in God.  But what does that mean?  Even in the "born again" Evangelical heyday, when kids wore wristbands that asked, "What would Jesus do?" believers did not act as Jesus would have acted.  It was a sad farce.  It would unfortunately be more accurate to say that, in reality, we are a God-less nation.  That money and greed rule, not God.


We are a nation that has lost its way, even the imperfect way that we achieved in the 20th century.  Even before Trump, our social fabric, our social contract, was coming undone.  It started with Reagan.  But under Trump's influence, half the nation has become the captive of fake news (ironically they call the real news "fake").  They have become believers of the "big lie" promoted by Trump.  For them, there is no commonality with liberal Americans or people of color or the poor.


Where we as a country go from here I wouldn't hazard a guess.  My feeling though is that we will survive, that Trumpism will go the way of other aberrations as a new generation comes of age.  I certainly hope that is the case.  America was once justifiably a light to other nations and the downtrodden of the world.  It was never perfect, but it was a lot better than most places on Earth.  


I hope that the day comes when that is true again and the Pledge of Allegiance has regained real meaning. 

Wednesday, January 9, 2019

Sen. McConnell's Dereliction of Duty


Senator McConnell’s refusal to consider legislation that the President will not sign is a dereliction of duty and a betrayal of Congress’ role under the Constitution.  

Our democracy is justifiably famous for its then-novel system of checks and balances.  The three branches of government check each other.  Simply put, the executive checks the legislative through its veto power.  The legislative checks the executive through its power to override a presidential veto.  And the courts have the power to overturn executive or legislative action if it is either unconstitutional or if it doesn’t conform to the authority under which it was taken.

But we now have a Senate majority leader, Mitch McConnell, who has stated very bluntly that he will not put any measure before the Senate that the President will not sign.  So much for the legislative check on the President by overriding his veto.  It is the President who now calls the tune.  

This is no small matter.  It goes to one of the most basic aspects of our system of government.  If the Senator insists on maintaining this kowtowing to the President, then he should be removed from his office of majority leader.

Friday, December 14, 2018

ATTN: Liberals and Conservatives - What Is the Role of Government?


In these days of enraged people on both sides of the political spectrum, it would be helpful to take a deep breath, step back from the battle, and ask the question, “What is the role of government?”  Specifically, our government.  In answering this question we look to our founding documents.

According to the Constitution the purpose of government is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity.”  If we look at the Declaration of Independence the role is defined more broadly, which is “to secure” the unalienable rights to “life, liberty, and the pursuit of happiness.”  I say more broadly because everything stated in the Constitution is necessary if one is to be able to pursue life, liberty, and happiness.

Clearly the role of government is an active one.  Words such as “insure,”  “provide,” “promote,” and “secure” are all verbs denoting an ongoing active responsibility.

There are two aspects of the role as stated in both these documents that deserve focus.  First the Constitution refers to promoting the “general Welfare.”  This is clearly a statement that government must look to the welfare of all its citizens, not just some.  It is the general welfare that is important, not just the welfare of some segments of society.  Taken together with the Declaration’s statement that “all men are created equal” and have “unalienable rights,” our founding documents clearly stand for the value and the rights of each and every citizen, of all segments of society.

The second aspect I will focus on is that both documents state that the role of government is to “secure” what the Constitution broadly characterizes as “the blessings of liberty,” and which the Declaration more particularly describes as the rights to “life, liberty, and the pursuit of happiness.”

To what extent has our government lived up to its responsibilities as set forth in our founding documents?  

First, let’s get one thing straight … regardless the political party in power or the era, the United States has harbored huge inequality, not just regarding wealth but well-being.  This is true despite all the social welfare programs that were enacted in the 20th century.  While one can talk about the poor being worse off or better off under a particular administration, and one can say that materially the poor are better off in modern times than ever, their state of well-being remains a negative one.  (Perhaps this is why so many of the poor don’t vote; why they say it doesn’t make a difference who is in power, which liberals find maddening.)  

Why is life for the poor degrading?  Widespread discrimination, unequal access to quality education, substandard housing to name perhaps the most important factors.  This negative well-being has in turn spawned an environment of gangs, violence, and drugs which haw made a bad situation that much worse.  Note:  it is not poverty itself that makes life degrading, it is these attendant factors.

This is true regardless whether one is looking at people of color or whites, urban or rural.  And, to counter a widely held perception, while the majority of those living in poverty are people of color, 44% are white.  In 2018, the figures were white - 44%, black - 23%, Hispanic - 28%, and Asian - 5%.  Yes, blacks disproportionately commit more crimes and engage in drug trafficking, but they also suffer disproportionately more discrimination, bad education, and substandard housing.  Many whites blame blacks for inflicting the drugs and violence environment on themselves, but such accusations totally overlook the role of the white-imposed reality of life for blacks in America.

Bottom line.  Government has not promoted the general welfare.

From the foregoing, it is also clear that government has not secured the “blessings of liberty” for a large proportion of Americans (40 million people live poverty, 12.3% of the population).  The charge is not that government hasn’t provided these blessings, because that is not government’s role.  

It’s role is to secure the “right” to life, liberty, and the pursuit of happiness.   What does that mean?  It means that government has the responsibility for insuring that all citizens have an equal opportunity to pursue their right to life, liberty, and happiness.  What an individual makes of that right is his or her responsibility.  

So for example, it is government’s role to insure that the education provided in all schools is of equivalent quality.  That is sadly far from the case.  It is government’s responsibility to insure that there is no discrimination by educating children and adults about equality, passing appropriate laws, and vigorously enforcing them.  It is government’s responsibility to insure that no one lives in substandard housing through building codes, etc. that are vigorously enforced.  Then there is the right to vote.  Before the Voting Rights Act of 1964, Blacks were routinely denied the vote in much of the South.  In recent years, Republican forces have been attacking this right in a deceitful way which primarily impacts poor people of color in order to reduce Democratic voter turnout.

While government has certainly made advances in addressing these issues, most have been half-hearted.  None have come even close to fundamentally changing the status quo.

The one area where government’s effort to secure a right has been to a large extent successful has been in the area of access to health care.  Through Medicaid, the vast majority of people living in poverty have health insurance.  There are still problems of health care access, especially in rural areas, but this nevertheless has largely been a successful effort.  And it has been made even more so with the passage of Obamacare and its expansion of Medicaid.

So what do we do with the basic fact that our government is not truly fulfilling its role.  It’s doing many things it should be doing, and probably very little of what it does is unnecessary, outside the area of defense.  But when it comes to promoting the general welfare and securing the right to life, liberty, and the pursuit of happiness for all its citizens, it has barely scratched the surface.

Why not?  It isn’t for lack of resources.  But it is a matter of priorities.  What I’m referring to is not really even on the list of priorities.  And that is for two very different reasons.  

For conservatives, they just don’t see the role of government as being more than providing for our defense, insuring domestic tranquility (i.e. order), and letting business and people be free to do pretty much what they want to do without government “interference” (that’s their definition of the blessings of liberty).  They are comfortable with government subsidizing business and farmers (a subset of business) in many ways; it’s individuals that they don’t think deserve government support.

For liberals, while they see the role of government very differently, as a source of help for those who need it, changing the fundamental status quo is not on their radar.  Whether that’s because they don’t see it as a viable option, or because it’s not something that has even entered their thought process, it’s just not there.  They are mentally and spiritually limited by the world as they know it.  They are not visionaries.  And what this country needs is visionaries.

How do we develop visionaries in the population and in our politicians?  It starts by not accepting the status quo, by understanding that there is something basically wrong with the way things are and have always been.  That what is going on is contrary to the basic tenets of our founding documents.  It means going back to the content of our education system as it pertains to civics.

But that is not going to happen.  And one reason why is that, as noted, you have such diametrically opposed intellectual approaches to our founding documents.  For example, on the one hand you have the thoughts expressed in my book, We Still Hold These Truths, published in 2004, which present our founding documents as primarily liberal in spirit.  On the other hand, you have Mathew Spaulding’s book of the same title, published in 2009, which argues for a conservative reading of those same documents.  And he castigates progressives for perverting those documents.

I don't think there is anything one can do to convince a Spaulding or any of his followers that the liberal interpretation of our founding documents is correct.  However, one can focus liberals/progressives on the fact that their position is supported by these documents.  And one can educate independents.  

I find it amazing not only that the Democratic Party has never taken my book to its heart and used it productively, they’ve never really taken notice of it, but that they haven’t come up with anything to counter Spaulding’s argument.  They have walked away from our liberal birthright and left this elemental source of strength to the conservatives.

This is what must change if there is to be any hope of bringing the force of our founding documents to bear on this central issue of social justice.  Only then will we have a chance to end discrimination, provide equal access to education, end the blight of substandard housing for the poor, insure voting rights for all, and correct many other wrongs.

Wednesday, January 17, 2018

Our Society in Danger

Recently, two new books that explain the danger the Trump presidency poses to the survival of our democracy have attracted much attention:  Trumped Up: How Criminalization of Political Differences Endangers Democracy, and Clear and Present Danger: Narcissism in the Era of Donald Trump.  Briefly stated, the first argues that the large polar-opposite groups that have developed in response to Trump have weakened the balanced middle upon which our democracy depends.  The second argues that when a narcissist is in charge, his demands will be mirrored by the people and in part draws on the narcissism already present in the people.  Since narcissism is about demanding acclaim and obedience and refusing to be challenged, while disregarding others, democracy suffers.

Neither book, however, discusses a fundamental change that is occurring in our society that abets both the polarization of increasing numbers of our citizens and the increase in narcissism in the general population.  That change is the evolution from a society that at least preached the ideal of selflessness to one in which self-centeredness is, if not the ideal, certainly the prevalent norm and socially acceptable. 

I would not be so foolish as to claim that at some point in the past the United States, or any country, was one where the concept of selflessness ruled and was the norm in practice.  It is the nature of human development, based is it is on learned insecurity, to provide fertile soil for the self-centeredness of the ego to thrive.  

That said, however, the leadership of this country, both political and religious, has for most of our history sent out a clear message that the ideal was to have concern for our fellow man, to view ourselves as part of a community with citizenship bringing responsibilities as well as rights, to be selfless.  Selfless does not mean to not act for one’s own benefit, but rather to not act solely for one’s own benefit, to be aware of the impact one’s actions have on others.

The Declaration of Independence, our founding document, states that each person has the right to life, liberty, and the pursuit of happiness.  Which means that if you exercise your right in a way which infringes on my right, there’s a problem, and so one must be selfless in the sense I have described.  

The Constitution together with its Amendments in many ways furthers this concept of the rights of all within the context of a community.  Perhaps the most direct expression of responsibility for our fellow citizens is the Income Tax which was authorized by the 16th Amendment.  This Amendment codified the aspect of the American social contract that holds that all citizens are responsible for contributing to the greater good, each according to his/her ability.

Beginning in the early 20th century, during the era of Republican Progressive leadership, government began enacting laws and regulations which basically said that the rich and powerful, namely large corporations, had to include consideration for their workers, their customers, and the general public in the way business was conducted.  It was no longer acceptable to have the sole perspective of making as much money as possible.  Business had a social responsibility; it was part of the American social contract.

One of the most well-known examples of this message of selflessness was JFK’s statement in his Inaugural Address, “Ask not what your country can do for you, but what you can do for your country.”  This was not, as is sometimes thought, a turning point but a reaffirmation of the highest ideals of our American democracy.

The turning point, however, in the road from selflessness to self-centeredness came with the presidency of Ronald Reagan.  In his campaign, he asked the simple question, “Are you better off today than you were four years ago.”  Now people have always, as the saying goes, voted their pocketbook.  But asking this question crystalized all the issues down to one simple thing … how am I doing.

Then came his inaugural pronouncement that “government is not the solution; it is the problem.”  He felt that everyone was quite capable of running their own lives and doing well on their own.

Well, as we know from our past and the past of all civilizations, if you leave it up to the individual, the result will be self-centeredness and a significant proportion of the populace will not do well.  Only the moral authority of religion and government has been able to somewhat curb that tendency and bring people, whether whole-heartedly or begrudgingly, to accept their broader responsibility.

He stated that “we the people” are the solution, not the “elite” who run government.  That, however, was in truth more a criticism of the political parties than the concept of government.  If government is not currently an expression of  “we the people,” or in Lincoln’s terms “government of the people, by the people, and for the people,” and I totally agree that it is not, the answer is not to tear down government but to reinvigorate it.

In the years since Reagan, the self-centeredness of individuals in our society has only increased.  To a large extent, that increase has been caused by the compulsive use of technology (computers, smartphones, social media) by people and their resulting tendency to not connect with the broader society or even a more immediate one, such as family.

The advent of Donald Trump has brought all these tendencies to a crisis point.  So that the relevant question truly is:  how can our democracy not just survive but thrive again?  The answer is through leadership, political and otherwise, that has moral authority.  The American people are good people, but like all humans their better tendencies need to be fostered rather than their baser instincts.

Sunday, March 29, 2015

The Common Good Always Trumps Individual Rights

The current crop of Republicans, a radical, rabidly conservative group, take as their jumping off point a very unnuanced view of the Constitution and the Declaration of Independence.  To them, rights, if not specifically qualified in those documents, are absolute.  So whether it’s the right to liberty and the pursuit of happiness in the Declaration, or whether it’s the right of free speech or the right to bear arms in the Constitution, no limitation on those rights is warranted (unless of course it limits the rights of opponents and so suits their purposes.)

And one must say, the words certainly sound absolute.  But let us consider their context.  First, the Declaration of Independence - the mother, if you will, of all our founding documents.  What does the Declaration say about rights?

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The context of this recitation of rights is that all men are created equal and that all have the unalienable right to life, liberty, and the pursuit of happiness. Now, unless you believe that the Founding Fathers meant to set up a state of anarchy … with everyone exercising their liberty, doing whatever they wanted, without restraint … one can’t believe that they meant that no bounds could be placed on the exercise of these rights.  

Why?  Because when you have a community of people it is inevitable that at some point the free exercise of one person’s liberty and pursuit of happiness bumps up against another’s … either harming another or impinging that person’s exercise of his liberty.  Since the Declaration states that all men are created equal and all have the right to life, liberty, and the pursuit of happiness, the system can only work if one says that each person has this liberty so long as it does not harm others or impinge on the rights of others.

This last proposition is in fact the basis for all government laws and regulation of any type.  Whether it’s criminal laws, traffic laws. zoning ordinances, building codes, the Clean Air Act, banking regulations, etc. … all of these derive their legal basis from the basic proposition that neither an individual nor a corporation can act as it will, if such action harms another or the public welfare.

Then there are the sacrosanct rights enumerated in the first 10 amendments to the Constitution, the Bill of Rights.  But even the most jealously protected right of them all … the right of free speech … is not absolute.   Not only can one not yell “fire” in a crowded theater, but the laws of libel and slander prohibit both written and spoken words that are defamatory, malicious, and false.  There are false advertising laws, which prevent corporations from misleading the public.  The list goes on and on.

As for the right to bear arms, even assuming for the moment that the Constitution indeed grants that right to an individual (until recently the courts had not so held), it would be ludicrous to argue that the government can place no limitations on a right which has not just the potential, but as we see almost daily causes others grievous injury and death. Yet to the NRA and its supporters, and the majority in Congress which is either beholden to the NRA or scared of its power, virtually any regulation whatsoever, no matter how reasonable and called for, is anathema.

As recently as a generation ago, conservative Republicans understood that while they had their ideologically preferred way of addressing issues, they shared common ground for the most part with Democrats in understanding what the great public issues were.  They understood that we lived in a country where citizens had both rights and responsibilities. Where we all played our part, each according to his abilities, in supporting the government in its role of securing the rights of all to life, liberty, and the pursuit of happiness.

As it says again in the Declaration of Independence:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . .”

That is the purpose of government.  The mantra started by Ronald Reagan and taken up by the Tea Party Republicans that, “government is not the solution; government is the problem,” is at odds with not just our founding documents but our history.  

Indeed, it is at odds with the history of the Republican Party.  It was often Republicans that pushed for government action.  Whether it was the Republican President Lincoln pushing to end slavery or the Republican President Theodore Roosevelt breaking up the huge trusts of the day, such as Standard Oil, Republicans have a long and proud history of arguing for government action to protect those less powerful., to insure that all have the right to life, liberty, and the pursuit of happiness.

When it comes to the rights we have, no one should shrink from vigorously protecting his or her own rights.  However, everyone must understand that with the exercise of rights comes a responsibility not to harm others or impinge on the exercise of their rights. When it does so, then the common good demands that such exercise of an individual right be regulated so as not to harm others.  The common good always trumps the exercise of an individual right.*

*A note of clarification.  In light of recent events around the world, and the comments of several readers, I need to clarify that if the exercise of one's right, such as free speech, offends another or the majority, those others are not harmed nor are their rights in any way impinged.  And so there is no justification for restraint in that situation.  When I speak of the common good, something far more concrete is meant ... like breathing clean air, drinking clean water, not having to fear violence, not being cheated.

Wednesday, August 20, 2014

The Mendaciousness of the Responsibility Game

We are brought up in this society to think that we have control over our lives.  That if we do this or do that, if we work hard enough, if we go to college, etc., that the desired results will materialize for us.  And if things don’t work out, it is our fault.  In its crudest form, this has been expressed in recent years by Republicans in Congress who have stated bluntly that if you are poor, if you haven’t made it up the financial ladder, it’s your fault; you’re lazy.

This perspective on life is totally an illusion, a lie.  While we do have control over whether we work hard, whether we study hard, how we treat other people, whether we get married, etc., we have absolutely no control over whether those actions bear the desired fruits, which for most people are security, success, money, and as a result ... so we are taught ... happiness.

In truth, all we have control over is the way we relate to ourselves and to others, to the world around us.  Whether our actions bring about the desired result lies in the control of others  or is just a matter of good fortune, happenstance.  

Everyone will understand when I speak of the control of others.  But what about happenstance.  In common parlance, the phrase, “being in the right place at the right time,” is an example of that.  So many of the breaks that people receive in life, while often in part the result of careful planning, are really a result of everything falling into place, which is a function of happenstance.  

For example, let’s say you set up a meeting with several people and you learned of a great job opportunity and made a great contact.  Had the meeting taken place two days later, the discussion could have produced nothing, either because one person didn’t show or because an opportunity that was present on one day wasn’t there anymore two days later.  This is part of the vicissitudes of life.

Unfortunately, people who have “made it” tend not to be aware of how they have been blessed by circumstance.  Their ego tells them that it was all because of their hard work; luck or fortune had nothing to do with it.  And so they lack any compassion for those who haven’t made it, whether they are poor or struggling middle class or a lower level executive who isn’t going anywhere.  They’re not aware of the saying, “They’re but for good fortune (or the grace of God) go I.”  A preeminent example of this, perhaps, is Justice Clarence Thomas.

And so those who haven’t made it are made to feel by our culture that they are at fault.  They haven’t tried hard enough.  This internalized self-blame is very demoralizing.  People may often blame a particular individual for some opportunity not materializing or a venture failing, but they rarely get the larger point that the whole concept of control is an illusion.

Most of the frustration and pain we experience from trying and not succeeding comes from this illusion of control.  The lesson we as individuals need to take from being aware of the illusion of control is to let the idea of control go, to accept that all one can do is the best one can, but ultimately the result depends on many factors outside your control.  To have any peace, one must have the attitude, “If it works, great.  If it doesn’t work, that’s OK too.”

For those who are in government, the lesson is to understand that what our society deems “failure” is most often not a matter of someone not having tried.  It’s a result of growing up in an environment over which one has no control, whether it’s being born in poverty, having addicted parents, going to a school that doesn’t teach, growing up in an atmosphere of drugs and violence, the list goes on and on.  This is not an excuse; it is a fact of life; it is reality.

Or alternatively, it’s a function of all of a sudden the floor dropping out from under a successful life, often because a job has gone abroad or because of  major illness that leads to bankruptcy, which can start a cycle of long term unemployment, loss of house, and even homelessness.

Everyone who as a public servant is sworn to uphold the constitution needs to remember that the purpose of government, as stated in the Declaration of Independence, is “to secure these rights” ... namely, the right to life, liberty, and the pursuit of happiness.  This places several responsibilities on government.

The first is to ensure that everyone has an equal opportunity to achieve those goals.  And equal opportunity isn’t just a matter of ensuring that there is no discrimination in employment, housing, etc.  Real equal opportunity means that the playing field is leveled by ensuring that all children have access to the same level of quality education, something that is definitely not the case in this country.

The other major government responsibility stemming from this task is providing a safety net for those who are in need.  Whether someone is homeless or living in poverty or disabled, or at risk because they are old or unemployed, government needs to have programs that help people in need and provide them an opportunity to lift themselves up.

That this essential function of government has been so trashed by the Republican Right makes a travesty of our democracy and of their claim to be the defenders of the Constitution.

Sunday, March 17, 2013

The Rise and Fall of the American Republic


Over the past 30 years, we have been witnessing the slow demise of the American Republic.  I don’t mean that the United States will cease to exist, or that we will be conquered by some external power.  What I mean is that the principles on which this nation was founded and the philosophy that fostered the continued betterment of life for its citizens ... those things that made this country great and a beacon to the world ... have been and are now being weakened at an accelerating pace, to the detriment of our democratic principles and the common good.

The fundamental underpinning of the great American experiment is found in the Declaration of Independence.  It exists in two parts.  The first is the well-known phrase that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”  The second equally essential part of the experiment is the statement “That to secure these Rights, governments are instituted among Men, deriving their just powers from the consent of the governed.”

These were radical, indeed revolutionary, concepts and they sparked not just the American revolution, but revolutions first in Europe, and ultimately throughout the world.  Even though America did not always live up to its founding credos, it was these credos and the strength and prosperity that flowed from them that made the United States the envy of the world.

When our nation was founded and for much of its history, it goes without saying that all men and women were not equal, under the law or otherwise.  Slavery existed as a legal enterprise until 1863 when the Emancipation Proclamation was signed by President Lincoln.  But as then Vice-President Lyndon Johnson stated in 1963, “Emancipation was a Proclamation but not a fact.”  It would take another 90 years till the Supreme Court finally declared that segregated education was unconstitutional and a further 10 years before Congress passed the Civil Rights Act of 1964 which provided a statutory basis for blacks being treated equally under the law.  

Women ... the wives of the founders and the mothers of their children ... were legally chattel at the time.  Women had no rights at all, and whatever property they had prior to marriage (as the result of inheritance or otherwise) became the property of their husbands.  Though the legal rights of women were expanded during the 19th century, it was not until 1920 that women were finally given the right to vote.

These are the two most prominently cited examples of historic inequality in this country.  The other obvious, though less spoken of historically, inequality is one of wealth.  There  have always been masses of poor among the few rich, and that is indeed a fact of life in every society, regardless the nature of its government.  But over the decades, and especially since the beginning of the 20th century, government has passed laws which have both protected the common man from the power of the mighty (e.g. the Taft-Hartley labor law) and sought to at least partially ameliorate the economic inequality and its impact through programs that support the financially vulnerable.  The funds for such programs were made available by our system of progressive taxation, under which those who are more able contribute more to the betterment of the common good.

In each of these examples, while we are still a long way from a nation where “all men are created equal” or have equality of opportunity, government has over the years increasingly met its obligation as stated in the Declaration to “secure these rights” and to insure that every adult has the right to vote so that government does draw its powers justly “from the consent of the governed.”

But on all of these fronts, government and the nation as a whole has begun to disassemble these credos.  President Reagan famously said, “Government is not the solution, government is the problem.”  Over the next 30 years and continuing at an accelerated pace in the present, the Republican Party’s concept of government has been less government, less regulation (don’t interfere with business), smaller government, let people fend for themselves.  Their attitude is that if people don’t succeed, it’s their own fault.

This is a major shift in attitude from that contained in the Declaration and in the way our modern progressive government, under both Democratic and Republican administrations, developed during most of the 20th century.  And since the Republican Party has been the majority party in Congress for most of the past 30+ years, that has resulted in a major shift in government itself.  The result, together with the huge influence of big business in policy-making through lobbying, fundraising, and PACs, is that corporations pretty much rule our government and set policy.  It is no longer there to secure everyone’s rights to life, liberty, and the pursuit of happiness.  This has affected policy in all areas of government ... from clean air to mining on federal lands to social security to elections.

At the same time, Reagan’s introduction of the “me” generation has resulted in a major shift in cultural attitudes.  Everyone is now out for him- or herself.  The idea behind the American social contract that we all share a responsibility for the common good, and that those with more ability have a responsibility to contribute more to insure the common good is fast becoming out of date.  This is especially prevalent among the elite rich.  Indeed, not only have they little concern for the welfare of their fellow Americans; they have little concern for the welfare of the country because as citizens with a global range of business activity, they see no place as their “home.”  For the first time in our history, the rich are not committed to the United States.

The combined change in the attitude of government and the public has resulted in a retrenchment on the advances in equality that had been achieved over the previous century.  Over the past 30-40 years, the income of the working class or middle class has remained stagnant in real dollar terms while the top 5% have just gotten richer and richer.  The result is that income inequality is greater now than it has been since before the depression.

While people of color (primarily blacks and hispanics) have not become less equal during this period, they have made no progress in the march to equality.  They still lack equal opportunity because inner city schools remain subpar (and there are enough success stories now that we know that this failure is not a function of the students’ background) and because subtle discrimination is still rampant despite its having been illegal for decades.  There has been no push, except marginally, to do anything to change this situation.

Finally, there is the issue of ethics.  While ethics has never been part of America’s credo or ethos, based as it is on capitalism, during the middle of the 20th century ethics in government and business came to be expected and certainly was the culturally correct position.  But as the importance of money and business together with egocentrism has increased again, so too has the attitude that the end justifies the means.  If doing something unethical provides an opportunity to make more money, then corporations and financial titans as well as workers in the cogs of those organizations will do so without barely a second thought or care for who might get hurt, whether the general public or even customers.  It’s back to the future. 

That was the primary cause for the recent financial debacle that we are still recovering from.  Yes, many point to the repeal of Glass-Steagall (the depression era law that separated commercial and investment banking) as well as deregulation as having caused the crisis.  And while that is true, it is only true because people in business cannot be counted on to act in an ethical, professional manner.  They must be monitored to enforce an ethical code that respects the common good.

One could go on and on about the ways in which the government’s protection of the common good, thereby securing the right to life, liberty, and the pursuit of happiness for all, has dramatically decreased over the past 30 years.  That there is less equality now than 30 or 40 years ago cannot be disputed (yes, women and gays/lesbians have more equality now than then, but that is mostly an upper class phenomenon).  

If this trend continues over the coming decades, the promise of the American Republic will have failed.  The concept of equality will be nothing but an illusion.  And government will not be there to secure rights for all and protect the common good.  Historically, our system struck a balance between private rights, the public good, and government.  That balance is on the tipping edge, if not already past it.