A Republic, Madam, If You Can Keep It PDF

A Republic, Madam, If You Can Keep It. DAVID GRAY ADLER T he serious challenges to American Democracy individual,” President Franklin D. Roosevelt observed, have generated searching concerns amidst...

A Republic, Madam, If You Can Keep It. DAVID GRAY ADLER T he serious challenges to American Democracy individual,” President Franklin D. Roosevelt observed, have generated searching concerns amidst in 1938, as fascism encircled the globe and became a exposure of its deep-seated vulnerabilities, demonstrable threat to peace, human rights and the rule of and led some to wonder if our nation is facing law. “Democracy will save itself with the average man and a “Machiavellian Moment,” the moment in woman by proving itself worth saving.” which a republic is confronted by its own Not since World War II, when American mortality. President Joe Biden was not exaggerating when he Democracy confronted fascist powers and the Cold War said at a press conference in March: “We’ve got to prove that period, when it endured the threat of communism, has it democracy works.” faced such a stern test—at home and abroad. The domestic The stiff headwinds buffeting the republic are challenges to democracy are compounded, as President no secret: pervasive race and gender discrimination; a Biden has said, by a broader indeed, global obstacle, steady assault against democratic norms and constitutional “a battle between the utility of democracies in the 21st principles over the past four years; the decline in our public centuries and autocracies.” discourse of reliance on, and respect for, facts, truths, The defense—indeed, reinvigoration--of evidence and science; voter suppression laws; a public health democracy requires a nationwide commitment to the pandemic inadequately addressed by the federal government Constitution, civic education, gender equality and equal that has devastated families, and an economy which, while protection of the law. Renewal of democracy can be serving the interests of the wealthy, has revealed tens of spurred, moreover, through the creation of a constitutional millions of Americans who are a paycheck removed from culture derived from a constitutional consciousness and a bankruptcy and homelessness. Surveys reveal a national constitutional conscience. Nothing is more central to this perception of crisis and urgency. At bottom, some question renewal than a citizenry appreciative of the virtues and the ability of our democracy to meet the needs of the people. values of American Constitutionalism and committed to Deep concern and even despair about the promotion of the general welfare and the common good. A effectiveness of democracy, are not new; nor are they endemic page of history will remind citizens of the starting point for to the United States, but the fact that previous generations this course of action. have expressed doubts and qualms makes the anxiety in our The founders lit the way for democratic time no less important, real or prescient. “Democracy in government, as Roosevelt urged, to be a “positive force” order to live must become a positive force in the daily lives in the “daily lives” of Americans. The framers of the of its people. It must make men and women whose devotion Constitution understood the historic significance of the it seeks, feel that it really cares for the security of every ambitious experiment in which they were engaged. As WHY IT MATTERS 28 Alexander Hamilton explained in Federalist No. constitutional standards. power. 1, the great question confronting the United The exercise of power was inherent But how did citizens know what to States was whether it was possible to establish in the very proposition of government. But do and how to do it? The founders’ conception a republican form of government grounded on the duty of citizens to defend the republic, as of citizenship, and its responsibilities, was reflection and choice, or whether the people Benjamin Franklin reminded the nation---“ influenced by a long line of philosophers and were to be forever condemned to rule by force a republic, madam, if you can keep it” statesmen, including ancient thinkers whose and accident. While the founders could not --represented a new model in the world of law writings carried great weight. Aristotle, the look to history for assurance of success, which and political science. This new conception of great 5th Century B.C. Athenian champion partly explained the anxiety they harbored self-governance-- of, by and for the people- of democracy, explained in his classic work, about the prospects of their own experiment, -exalted the role of citizens. It represented The Politics, that to be an Athenian implied a they drew a bead on a mechanism that inspired a dramatic departure from the Old World cultural obligation to participate in the politics cautious optimism: the right of the people to be of Europe and the introduction of a New and life of the city. Athenians internalized this engaged in “choices” that directed the course of World, one replete with rights and liberties felt tradition, which encouraged engagement the nascent republic. independent of the whims and passions of in discussions and debates about the vital Hamilton, again in the first Federalist those who ruled. As Supreme Court Justice issues of their time, and only a very few sought essay, reminded citizens that “you are called Louis Brandeis declared, “the only title in our refuge outside civic life. A deep belief that the upon to deliberate on a new Constitution,” democracy superior to that of president is the interests of the citizenry were inextricably and by “election” exercise your sovereignty title citizen.” linked to the interest of the Polis, confirmed to demonstrate “voluntary” consent to the The exalted role of the citizenry, unity in the pursuit of the common good and “establishment of a Constitution” which, to the then and now, lies in the understanding the general welfare. world, is a “prodigy.” These considerations that democracy is not a self-executing form Citizen participation in democracy lent credence and a real-life feeling to the of government. All governmental power can thus be rationalized in various ways, invention of a republic that would be governed flows from the people, a proposition that is but two main themes emerge. First, an through reasoned discussion, debate and intermittently reinforced on election day altruistic conception is derived from the choices. No liberty was more fundamental to but, in reality, can a constant presence--if nature of self-government and citizenship the exercise of choice than that of choosing the people are willing to be highly-engaged, itself. Because the advantages of being a to ratify the Constitution. The founders justly participatory citizens. citizen as opposed to a subject are numerous boasted of this historic accomplishment. Motivation and incentive for citizens and obvious—enjoyment of rights and James Wilson, second in importance to James to be fully engaged in the life of the republic is liberties and participation in the governmental Madison as an architect of the Constitution, manifested in the implications of neglect and process, to name but a few—the argument declared that the people may change the indifference to the actions of government: no for contributing to the community good is Constitution “whenever and however they republic, no rights; no republic, no liberties. overwhelming. Citizens can participate in please.” This transformational authority Madison and his fellow framers reasonably many ways, ranging from writing letters to the elevated the magisterial words of Thomas assumed that the potential loss of freedom and editor of a newspaper, and one’s congressional Jefferson in the Declaration of Independence liberty, he explained in Federalist No. 51, would representatives, to joining a political party –the inalienable right to “government by ensure “a reliance on the people” to carefully to running for public office. At a minimum, consent of the people”—to an exercise in the scrutinize the exercise of the governmental engaging in public discussions to voice one’s “daily lives of the people.” views and concerns is the least that citizens The success of the founders’ can do in return for the benefits that they experiment hinged on new governing have as a result of citizenship. Second, if structures and institutions-- separation of powers, checks and balances, federalism No liberty was nothing else, motivation for engagement in the life of the nation can be glimpsed in and judicial review among them. Equally more fundamental the understanding that one’s self-interests important was the requirement of a new are often bound up in the community’s dynamic between governors and the governed, to the exercise of interests, and thus both can be advanced. In a new configuration of the relationship between governmental representatives and the choice than that of this way, enlightened self-interest facilitates fulfillment of one’s private ambitions. In this citizenry. Leaders, it was clear, would be held choosing to ratify case, a citizen’s private ambitions depend in accountable to constitutional provisions and large measure on the success of American the people. The citizenry, in turn, was expected the Constitution. democracy. to be informed and engaged, willing to serve Citizen participation in the civic as “Madisonian Monitors,” in exercising discussions of our time can be its own vigilance to assure governmental adherence to reward. What do citizens need to do in order WHY IT MATTERS 29 to advance democracy? The Constitution demand timely and accurate information have for political power; the more they have enumerates rights and liberties that can be critical to participation in politics. Citizens the more they want. This dark side of human asserted to promote democratic principles. should demand governmental transparency nature, Madison explained, created the need Freedom of speech and assembly, written into as a general rule in order to appraise the for the separation of powers and checks and the Constitution by the founders, who were desirability, effectiveness and legality of balances doctrines that shape and define the history’s greatest dissenters, are principal officials acts and policies. The penchant of Constitution. ways in which citizens can raise concerns, government officials to withhold information, As Americans have witnessed the voice their views and demand information less for genuine reasons of national security, historical abuse of power by government from governmental departments and agencies and more to protect themselves from scrutiny officials— by democrats and republicans, which may be withholding it. Assertion of the is a thrice-told story, and only persistent liberals and conservatives alike—the question, constitutional right of freedom of speech can demands from the public for release of always, has been one of securing protections be critical to the health and maintenance of information can temper the practice of secrecy. against it. The difficulty in confining our constitutional democracy. As the founders American citizens, it is familiar, government to its proper constitutional sphere knew, free speech can be exercised to critique have a right and duty to hold government reminds us of the insights of a 17th Century and criticize programs and policies and thus accountable to the law and the people. In English jurist: “The practice of government is expose weaknesses and propose remedies. In Federalist No. 51, Madison stated that the but feeble proof if its legality.” Constitutional this sense, free speech is a powerful tool for greatest difficulty confronting a republic lay democracy is vulnerable to assaults on its enhancing the quality of our nation. in persuading the government to obey the most important principles; once they are Since the citizenry’s ability to serve law. The founders were hardly naïve; indeed, compromised, the life of the republic is in as “Madisonian Monitors” is compromised many were savvy politicians in their own mortal danger. by governmental secrecy, it is necessary to right and understood the appetite that officials What is required, of course, is a government that respects the rule of law and heeds public pleas for restraint. How to accomplish this, as Madison indicated, defies easy resolution, but there is a scheme for subordinating the government to the Constitution, and it places the citizenry at the center of the process. Briefly put, the reliance on the people to scrutinize governmental claims to power suggests the need for a constitutional culture built on the premise of a constitutional conscience, which, in turn is predicated on the creation of constitutional consciousness—the three Cs. A constitutional consciousness is a crucial first step toward holding government accountable. A consciousness or awareness of constitutional abuse of power or violations of the Bill of Rights reflects, manifestly, a well-informed public that is knowledgeable and capable of identifying constitutional violations. The creation of this level of awareness—consciousness—is predicated on constitutional education and civic education. Since citizens possess a special responsibility for policing constitutional boundaries, it follows that resources should be directed toward the goal of creating a citizenry steeped in knowledge about the Constitution. Ideally, a citizen’s knowledge about the Constitution should be general in nature, but a firm grasp on particular area of the law such as WHY IT MATTERS 30 equal protection or gender equality would be obeyed and enforced. This goal is not beyond extremely helpful in exposing discriminatory our reach. Its attainment would represent the practices against women and minorities. As fulfillment of Madison’s hope for a reliable a nation that reveres its founders and hails citizenry determined to ensure governmental their construction of a constitutional republic, compliance with the Constitution. it is not unreasonable to expect government Americans are fond of invoking to direct resources to public education their creation story and those who scripted and institutes able to impart constitutional it, yet insufficiently interested in the nuts knowledge to the broader public on a and bolts, planks and pillars on which our widespread basis. democratic platform rests. We embrace what A willingness to blow the whistle Gunnar Myrdal characterized as the “American on constitutional violations, as a means of Creed,” the principles of the Declaration of tempering governmental abuse of power, is Independence and the Constitution, but pay the exercise of a constitutional conscience. The too little attention to the historical ideas, events possession of a conscience when it comes to and details that influenced those magisterial David Gray Adler is President of policing constitutional boundaries is critical documents and which have shaped our nation The Alturas Institute, a non-profit to the mission of American Constitutional ever since. At this hour, when there exists organization created to advance Democracy. Frankly, it does the country little a demonstrable need to prove, as President American Democracy through promotion good if we have a constitutional consciousness, Biden has declared, “that democracy works,” of the Constitution, civic education, but lack a constitutional conscience. Americans everywhere should summon the gender equality and equal protection. A How do we develop such an important Spirit of 1776--the focus, energy and stamina recipient of teaching, writing and civic trait? It could be said that a public uninterested of the sort that generations have manifested-- awards, Adler has lectured nationally in declaring violations of the Constitution, is in tackling the great challenges that we have and internationally on the Constitution, a public uninterested in the very premise of encountered across a vista of 250 years. presidential power and the Bill of Rights. the rule of law and a constitutional democracy. Roundtable conversations consisting He is the author of six books including, Citizens cannot have it both ways; they cannot of citizens of all ages addressing the great most recently, The War Power in an Age exalt the virtues and values of American domestic issues of our time should become of Terrorism, and more than 100 scholarly Constitutionalism without exposing violations the new norm. Citizens should urge their articles in the leading journals of his field. of the law of the land. Whistle-blowing, representatives at every level of government His writings have been quoted by the U.S. whether through speeches, letters to the editor to bolster democratic principles and practices, Supreme Court, lower federal courts the or other means, represents a demonstration with an eye to facilitating participation in U.S. Attorney General, the Legal Adviser of good citizenship. As a teaching device, it is public affairs. Americans can make many to the State Department and the White possible for citizens to imagine or contemplate choices that bear on self-government and the House Counsel and by both Republican life in a nation that does not embrace the pursuit of democracy and we should believe and Democrats in Congress. Adler has rule of law, due process of law and judicial that every citizen can make a difference in the taught courses on the Constitution at impartiality, or lacks protection for freedom development of policies, programs and laws all three of Idaho’s universities. He was of speech, press and religion. It is possible through engagement and participation. The Professor of Political Science at Idaho that this sort of exercise in civic education founders’ great experiment in self-governance State University, and later held the will instill or develop in the citizenry an remains a work in progress. All that is at stake, McClure Professorship at the University internal compulsion, indeed a constitutional of course, is the future of our republic and of Idaho, where he was a faculty member conscience, so it can be spared, for example, whether, as Benjamin Franklin put it, we “can in the College of Law and the Andrus the devastation of authoritarianism and keep it.” Professorship at Boise State University. arbitrary rule. The culmination of a constitutional consciousness and a constitutional conscience would constitute the creation in America of a constitutional culture. Achievement of a cultural goal, in this case, a well-informed citizenry committed to the protection and preservation of American Constitutional Democracy, and eager to protect its core values through vigilance, would lead to the entrenchment of the rule of law, consistently WHY IT MATTERS 31