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.

New Name - Same Mission

I suddenly have become aware, duh!, that the name I originally created for this blog, Preserving American Greatness, is not really appropriate to its mission statement.  That’s pretty bad for a writer.  But better that realization later than never. 

One problem with the original name is its connotation.  It sounds like the blog is a proponent of American exceptionalism, which it certainly is not, or that it promotes a right wing “America right or wrong” perspective, which also clearly does not apply.  Beyond being misleading, this connotation would naturally be offensive to many people around the world for whom we have long ceased being regarded as “the beacon on the hill.”

The other problem is that although the seeds of greatness are in the American story, our country has unfortunately not fulfilled the promise shown in the Declaration of Independence.  We are certainly a powerful country, the biggest economy in the world, the strongest, or at least biggest, military force in the world.  We have made huge advancements in many different areas.

But on a human level, we have failed rather miserably.  The curse of slavery that was embedded in our founding documents remains with us despite the Civil War, despite all the laws that guarantee equality.  While women have had full rights (well, almost) now for a century, and they have advanced far in the work world, their position vis a vie men is still very unequal in fundamental ways.  People’s attitudes have changed, but only by degree, not fundamentally.  

We live in a most unequal and divided society … not just between black and white Americans, men and women, the rich and most everyone else, but in ways without end.  The promise of “success” (as defined by our culture) is tantalizingly held out to everyone by the marketing media, but for the majority in this country the Declaration’s guarantee of the unalienable right to the “pursuit of happiness” remains a cruel joke.

So just what are America’s values?  To me they are encapsulated in the Declaration of Independence:

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

Greed, a consuming self-interest, and a lack of concern for others may be the values of our contemporary culture, but they are not the values that our Founding Fathers gave America at its birth.  While the words of the Declaration may seem on the surface to champion self-interest and the right to do whatever one wishes, they are tempered by the spiritual statement that we are all created equal and that we all were endowed by the Creator with unalienable rights.  Thus, if the exercise of one person’s right harms another or inhibits his right, then there needs to be a check.  The Declaration does not proclaim an unfettered right to anything.  That would be anarchy.

This is why I wrote the book, We Still Hold These Truths in 2004 (years before the conservative author Matthew Spaulding wrote his take on things under the same title, oddly fulfilling the statement I made on the book’s first page that “in [the Declaration’s] interpretation lies the core of both the Liberal and Conservative ideologies that have run through American political life and the tension between them).  This is why I started this blog several years ago.

This blog is a celebration of those profoundly liberal American values.  It is dedicated to insuring that the promise of the Declaration becomes a reality for all Americans and beyond that, that these values impact our dealings with other nations.  Let me repeat here the mission statement that was my first blog post:

Our nation stands under attack … not from without, but from within.  Both our politics and our culture have been corrupted.

Politics on both the right and left are ever more polarized.  We cannot be a great or strong country if the people and their politicians view fellow Americans who happen to have opposing points of view in an us v them mode, as the enemy; we can only progress if we are united, albeit with differing perspectives on how to go about things.  And our culture caters to the worst aspects of capitalism with ethics and concern for the common good falling to the demands of greed and competition.  The same issues are present throughout much of the world today.

One central aspect of the problem is that our country and much of the world is bereft of spiritual values.  Now right here we have a definitional problem.  I am not referring to the values hawked by born-again Christians in this country, or Islamists in Muslim countries, or the ultra-Orthodox in Israel.   Because interestingly, in almost all cases, the “spiritual” or “moral” positions taken by these self-righteous people go against core tenets of their own religion.  

On the other hand, you have the majority of people, at least in the United States, who claim to believe in God but are not spiritual in any meaningful sense; their lives are totally a creature of contemporary culture.  Their spiritual core is if not empty sorely depleted.

It will be the mission of this blog to look at current events, be they political or cultural, from a spiritual, not religious, perspective, with relevant support from our founding documents, the Constitution and Declaration of Independence.   Remember when it was popular for Christians to wear bracelets that said, “What would Jesus do?”  That’s basically the question that this blog asks, but from a larger spiritual perspective.

I will take as my perspective the common teachings that are at the core of the spiritual/moral constructs of all the world’s great religions … Christianity, Islam, Judaism, Hinduism, Buddhism:

Do unto others as you would have them do unto you.

Greed is the root of all evil.

Put away lying; speak every man truth.

Only when these maxims are followed will we achieve “government of the people, by the people, and for the people” and realize the goals set forth in the Declaration of Independence, that “governments are instituted to secure” the equality of all men and their “right to life, liberty and the pursuit of happiness.”

How the Koch Brothers Hijacked the Middle Class Revolt and How To Take It Back

I often have asked myself why, given the huge income inequality that exists in the US, the wage stagnation that has left most middle-class workers with a much lower standard of living than they had 40 years ago, the increased unemployment among middle-age, middle-class men since the recession, the foreclosure crisis, and a host of other economic-related problems … why hasn’t the American middle class risen up in revolt, either by taking their anger to the streets, to the ballot box, or through some other means.

Recently though I realized that they have revolted, just not in the direction I would have thought given their issues and problems.  Instead of rising up against the financial and big business interests that control our government and society, and that caused the recent recession, they have instead risen up against government and Democrats.

Why?  Because they have been convinced by slick Tea Party propaganda that the government is controlled by liberals (e.g. Democrats) and has no interest in their welfare.  That the government is spending too much money helping the poor rather than helping them.  And who has largely financed the Tea Party movement?  The Koch brothers.  

So the Koch Brothers, the ultimate conservative, corporate, environmental and economic aggressors, who represent almost everything that is wrong with American society and politics today, have convinced the victims of their actions and philosophy that the cause of the victims’ woe are the very forces that actually seek to protect the middle class at least to some extent, but which are the foe of the Koch brothers and which they seek to destroy.  If ever there was a wolf in sheep’s clothing, they are it.

I would agree in many ways that the force the middle class should protest against is government.  But not for the reasons put forth by the Tea Party.  The problem is not that the government is too liberal, the problem is that the government and the political parties, both Republican and Democratic, are controlled by the money and forces of industry and finance.  And so, most of what is done by government either directly benefits these forces rather than the average American, or limits the impact on these forces of measures meant to protect the average American and the public good.

The purpose of government, according to the Declaration of Independence, is to enable citizens to fulfill their right to life, liberty, and the pursuit of happiness.  It is not to make a privileged group rich.  Lincoln’s motto was “government of the people, by the people, and for the people,” not “government of the people, by industry, and for industry.”

President Eisenhower, a Republican, warned in his farewell speech that “ we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.”  That proved to be a wise and unfortunately unheeded warning.  If he were to give that speech today, he would certainly add the financial sector to his list.

So what should the middle class do to improve their economic situation?  At a minimum, they should vote Democratic and not Republican.  While Democrats are also too beholden to the money of industry and finance, they at least push measures that help the middle class, the average American, and the public good.  

However, I would argue that the middle class should go further.  They should protest in the most visible way, en masse, the influence that the big business and finance sectors have on government, both in the legislative and executive branches.  

President Obama when he campaigned in 2008, said he would limit the power and access of corporate lobbyists.  That didn’t happen.  In staffing his economic team to deal with the recession and see that its causes were fixed, he brought in finance insiders who were present before and during the financial collapse and did nothing to prevent it.  He has pushed for authority to enter into more free trade area agreements of the type that have increased globalization and brought its negative impact squarely down on the shoulders of the middle class while benefitting primarily multinational corporate owners.  He has done nothing to push federal financing of campaigns.

This is not an area where one can seek a middle ground and expect to come out with anything meaningful.  Big business and finance interests should know without question that they are and will continue to be considered of vital importance to the health of the American economy and the welfare of the American people.   And government should support them as appropriate. 

But they must also know that in the future, those very two interests … what I would refer to as the public good … will always trump the narrow financial interests of the corporation and its shareholders.  Corporations are creations of the law and they should be allowed to exist primarily because of the benefit they provide to the greater good, not to their own interests.

Somehow, the Democrats need to find a way to get the middle class to understand that they are the party who has the interests of the middle class more at heart; that Republicans only protect the interests of  big business and the finance sector, both of which are major donors to their campaigns.

But beyond that, some leadership needs to rise up from within the middle class to arouse their compatriots to engage in a united, visible, powerful, and ongoing protest against the influence of the big business and financial sectors.

Education and Health - Fundamental Rights

We have been bludgeoned over the past few years with the Republican’s mantra that if you haven’t made it, it’s your fault (see my post, “The Mendaciousness of the Responsibility Game”).  So it was with a huge feeling of nostalgia that I was reminded recently of a time not so long ago when a large segment of Republicans had a very different perspective on life and the role of government, or at least the role of the broader society.

In reviewing a new biography of Nelson Rockefeller, the reviewer noted Rockefeller’s credo, “If you don’t have good education and good health, then I feel society has let you down.”  WOW!  How times have changed.

If someone said that today, even if a Democrat said that today, they would be viewed as a left-wing radical.  It sounds so over the top.

But it isn’t.  Let me quote, as I often do, from the Declaration of Independence, “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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . .”

If one is going to have a meaningful right to life, liberty, and the pursuit of happiness, certainly two of the most essential elements of that right are having a good education and having good health.  No one would argue with that.

But the Declaration goes further and states that the purpose of government is to secure these rights, which in this context would mean access to good education and access to good health.  I am not downplaying the importance of personal responsibility.  As the old saying goes, “You can lead a horse to water, but you can’t make him drink.”  But it is the government’s responsibility to provide the water.

So at a minimum, the government is responsible under this standard for supplying access to a good education (meaning good schools, good teachers, etc.) and good health (meaning comprehensive health care ... medical, psychological, and dental ... that is affordable or free, depending on your circumstances).  Note: Obamacare has not come close to providing the latter because although the basic premiums may be affordable due to government subsidies, the large deductibles and out-of-pocket caps of the basic plans discourage people from getting health care except in emergencies.

If that is the minimum, you might ask, what else is there?  While good schools can make a huge difference even in the midst of a bad inner-city neighborhood, growing up in an area where poverty, drugs, and crime are the norm and often impact family life creates major obstacles to being able to take advantage of a good school.  

Government, together with private agencies and organizations, must do much more to improve the broader context within which such children grow up.  Whether it’s creating more jobs, providing adult education, making prisons focus on rehabilitation, creating social policies that encourage two-parent households (as opposed to the old welfare rule that broke up families by penalizing them if an adult male was living in the household) ... there are ample ways that government and society working together could dramatically change the context of inner-city life.

It is time for Rockefeller’s credo to become the credo of government and of our society.  It is past time for this great, rich, but unconscionably unequal, nation to live up to the promise stated in the Declaration of Independence.

All Men Are Created Equal?

In my writings, I often refer to this iconic phrase from the Declaration of Independence, together with its companion language setting forth our unalienable rights and the statement that government’a purpose is to secure those rights, as the touchstone against which all acts of our government should be judged.  

Yet this very phrase, when viewed as hypocritical because of its obvious disconnect with what was actually happening at the time in the halls of government and in people’s lives, has called into question the intent of the framers and signers of the Declaration.  Was this merely a bold rhetorical flourish to gain acceptance both at home and on the world stage. or was it a deeply held conviction which was meant to chart the future course of the nation?

Not surprisingly, much research and writing has been done on this topic.  And the answers provided are by no means uniformly in one direction or the other.  In truth, the answer is often foretold by the politics of the researcher.  

Because of the enormous importance and potential of these words, to my mind, in redirecting our government and our citizens to a stronger, more just society and nation, I wanted to survey the literature to see what answers I would draw from it.  As objectively as I could, despite my admitted liberal bias.  

First let me restate the obvious.  Slavery was present in the country, both in the south and the north.  The Constitution codified slavery in the “3/5 compromise,” which stated that each slave shall be counted as a 3/5 person when the census was taken to establish the population of each state and thus its representation in Congress.  Thomas Jefferson, who crafted the phrase, was a slaveholder and remained a slaveholder to his death.  All the signers from the South were slaveholders.  

And the problem does not just lie with the fact of slavery.  Women were legally little more than chattel under the total control of their husbands; they had virtually no rights. And in fact, it would take women longer than African-Americans to achieve legal equality and the right to vote. The evidence arguing for a finding of hypocrisy could and has filled up books.

But that is not where this question ends.  Thomas Jefferson and most of the men who were present at these debates and signed the Declaration were men of the enlightenment.   They were men of ideas, and ideas are not always ... actually almost never ... a reflection of the reality of the moment.  Ideas, by their very nature, are meant to chart, to influence the future, whether in science or in human affairs.

In looking at various writings and notes of Jefferson and others, some researchers have thus concluded that what this phrase relates is their belief that all men and women are created equal in the sight of God.  Yet they were all well-aware that the kingdom of God is not to be found on Earth.  And so. like many ideas, it’s inclusion in the Declaration was meant to be an aspirational statement, something to guide the future of the nation.

In our current age, in which the paucity of ideas is reflected everyday in the halls of Congress, in our schools, and in corporate and government offices throughout the country, it is hard to fathom the age of enlightenment and the role that ideas played in bringing about changes in all areas of human activity.  To understand that Jefferson was neither hypocritical nor schizophrenic when writing “all men are created equal,” but rather a man caught in his time who knew, however, that there was something beyond the exigencies of the present, something larger, that needed expression and preservation.  There was no intellectual dishonesty here.

And so the power of the words of the Declaration of Independence remain undiminished.  They should be used to repurpose, to redirect our government and our citizens ... not to something new and unfamiliar, but to something deeply embedded in our founding documents, waiting to be put into action by a nation grounded in social consciousness.

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

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 happenstance.  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.

What Are We Celebrating on July 4th?

July 4th ... Independence Day ... is fraught with symbolism.  It is the beginning of American exceptionalism, the beginning of America taking its place on the world’s stage, the beginning of freedom and prosperity for Americans.  

There is no question that 1776 marked the beginning of America's feeling that it was exceptional and that it’s moral voice coupled with an unleashed mercantilist strength gave it a place on the world’s stage.  But what of freedom and prosperity?

We all know the famous lines from the Declaration of Independence, crafted primarily by Thomas Jefferson ... “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are the right the life, liberty, and the pursuit of happiness.  That to secure these rights, governments are instituted among men.”  These were truly revolutionary words.  They have given America’s elite something to crow about.  And they have given America’s disadvantaged something to hang their hopes on for more than two centuries.  But what were and are the facts on the ground?

Those that benefitted from our independence were primarily those with business interests, who were now free of the yoke of English taxes and control.   Then as now, business interests were the main “client” of government ... indeed, back then you could only vote if you owned land or had enough wealth to be taxed, so those were the constituents ... and they prospered then as they do now.

As of the first census in 1790, 18% of the US population (700,000 out of 4,000,000) were slaves.  Their status certainly did not change with American independence.  That would have to wait another 85 years for the Civil War and the Emancipation Proclamation.  Of the Founding Fathers who were slave holders, George Washington did free his slaves upon his death.  Jefferson did not even do that.

The status of women ... the wives of the founders and the mothers of their children ... did not change at all with independence.  They remained chattel with no rights for a century, slowly achieving some rights in the later 1800s, and only won the right to vote in 1920 with the ratification of the 19th Amendment to the Constitution.

Over the last century, there can be no question that both women and blacks have improved their status in all areas of American business and life  But there can also be no question that even today neither have reached anything approaching equality with white males and that discrimination persists. 

And then there are the Native Americans.  They had a status even lower than slaves because they were of no use to anyone.  They were just a heathen barrier to be gotten rid of when their presence interfered with American interests.   Our genocide of Native Americans (and what else can it honestly be called) is breathtakingly chilling.   It's justification is closely related to Hitler's "Lebensraum" ... Germany's need for more room to grow.  Manifest destiny has no room for equality.  

And as for general prosperity, while it is true that we all have more now than we did, it is also true that there is greater inequality between the richest Americans (top 5%) and the rest then at any time.  If you look at broader groups ... top 20%, middle 40, and bottom 40 ... the income distribution has remained pretty static since independence.  So we really haven’t achieved much of anything on that point.

So what are we celebrating?  Some very wonderful-sounding words which we have still not managed ... or if truth be told, even tried very hard ... to implement.  We are celebrating the birth of a nation with unbridled mercantilism/captitalism that was able to take full advantage of the opportunities presented by the natural resources of this vast country.  We are celebrating American progress, which has left many damaged lives and souls in its wake.

Is this really cause to celebrate?  Can't we do better in fulfilling America's promise to its people?

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.