The Constitution & The Common Good

What is the common good and who cares?  It’s been on my mind since taking a continuing ed class about the writing of the Constitution.  The instructor insisted that delegates to the Constitutional Convention were focused on the common good as the standard to be met.  They never arrived at a shared definition of what it might be, but they created a constitutional framework through which it might be achieved.  

It was a great accomplishment because the Constitution became an enduring framework able to work toward a common good not yet envisioned.  Convention delegates’ personal ideas about the common good were limited to what was communally good for white men of property.  They accepted slavery and the dehumanization of blacks; they were ambivalent about free white men of inferior means and status; the common good for women was what men said it was.  There’s no point in getting upset with them.  They did what they were able to do, and it was extraordinary.  They created a revolutionary form of representative democracy in which checks and balances kept tyranny at bay, made government subordinate to the electorate, and made it possible for the system to accommodate new ways of thinking that have slowly overcome the limitations of old ways.  Through it all, the idea that government should serve the common good remained.  But what is the common good?

Philosophers have debated the subject for at least 2,500 years in two primary streams of thought.  One stream emphasizes the importance of public goods, things held in common to be shared by the whole community.  For instance, common ideals and social values, the village common pasture, or access to camp, hunt, graze and farm on lands owned by no one.  The other stream emphasizes the ways in which private goods are distributed to each person for their exclusive use.  Goods like rights to private property, free speech, relief from servitude to a lord, and so on.  The two streams are not mutually exclusive.  Each contributes to a greater whole, but where do these goods come from?  The genius of the founding fathers was their determination that all goods, public and private, reside with the people, and are granted by them to the government through constitutions and laws.  Other emerging European democracies had it the other way round: all goods belonged to the government (monarch) which granted them, as it saw fit, to the people.   

That’s an obvious over simplification, but it will suffice for the purpose of this short essay because it’s time to move on.  If the common good is so important, what’s become of it in our own day?

In recent times there was an unwritten, ill-defined consensus among most Americans about what was meant by the common good. It lasted through the war years into the 1960s and a little beyond. Some called it the liberal consensus. At its core was the ideal of a white middle class family living comfortably, but not extravagantly, in a nice neighborhood. It defined what it meant to be American. Shared values and government programs were the common goods that made that life possible as The American Dream. 1960s civil rights movements and legislation demonstrated that the black community had been systematically excluded from the common good; their voices were never considered an important part of any national consensus. Protests declared that the common good wasn’t common if blacks were excluded. Vietnam War protests soon shredded the notion that there ever was a consensus, even among the white population. Protesters challenged the legitimacy of governments, public institutions, standards of public morality, and values of the white middle class. Ironically, the era’s social disruptions created a long awaited opening for libertarian business interests to begin dismantling government policies and programs that created the white middle class so they could be more free to reduce the cost of labor, and less hindered by unwanted oversight, all in the name of individual rights as the epitome of the common good. The decline of the middle class had begun just as minorities were gaining access to it.

Since then, the language of rights, especially property rights, has been the dominant Republican theme. The language of rights, especially civil rights, has been the dominant Democratic theme. Rights, one way or the other, have become the anchor for however the common good is understood. Tea party libertarianism is determined to make individual rights to do as one wishes with what is one’s own the essence of the common good, with little room for anything held in common as a public good. Liberals also emphasize the importance of individual rights from a different perspective: the right not to be systematically oppressed by others, or denied equal access to benefits of private property rights.

The language of rights is not unimportant, but if rights do not also demand responsibility and obligation, they mean nothing. The common good requires it. Rights claimed for one’s self must be partnered with responsibilities to use those rights in ways that are not harmful to, or deny the the rights of, others. It means they come with an obligation to be concerned for the rights of the whole. The founding fathers understood that. True, for them the whole was limited to free white propertied men, but it isn’t for us. The whole must include not only all persons, but also creation itself.

The language of rights, especially private property rights, has become so dominant that it’s all but silenced the language of community, and the importance of public goods, communal goods. Fear mongering has made communal synonymous with communism. Associated anti-tax sentiments equate public expenditures with theft. The language of rights is fatally weak if it ignores goods held in common, public goods, as essential to the existence of a sustainable, prosperous community, and the responsibility of each member of the community to contribute equitably to their cost.

Public investment created the economic, social and physical infrastructure that made the white middle class possible. Symbiotically, private investment rode its coattails, adding value on the way. That comprehensive infrastructure is old and wearing out. Anti-government, anti-tax interests have undermined its foundation and prevented its adequate maintenance. The world has changed since it was created in the post war years. It needs to be replaced. A new understanding of what infrastructure is requires public investment in health, education, information networks, cybersecurity, environmental policies and much more. Essential elements of the old infrastructure need to be reinvented: affordable housing assistance, low cost post secondary education, secured voting rights, universal health care, highways, electrical grids, and so on. The language of rights must make way for the language of community to have an equal voice. Private rights cannot be fully enjoyed if the social, economic and physical conditions are not present to develop the prosperity of the whole community.

Vigilante Politics: It’s a Killer

Pundits have tried to find a term other than polarized to describe the political environment. I call it vigilante politics. From the time Obama was nominated, through four years of Trump, right wingers have concocted virulent attacks on anything deemed progressive. They’ve tried to verbally lynch the targets of their disdain by inciting fears of rampant socialism, black ascendency, immigrants of every kind, and threats to gun ownership. That’s fifteen years of vigilante politics culminating in an attempt to overthrow democracy through violent insurrection.

Picking up the torch, some left wingers are using the same tactic to attack anyone and anything connected to Trump in any way. He may have headed the most scandal ridden administration in history, but verbal lynching, inspired by allegations because they are lurid and widespread, is precisely what progressives have fought against for generations.

There is no excuse for vigilante politics, no matter how self righteous the mob declares itself to be. It violates the rule of law, erodes our democracy, undermines our highest ideals, and demeans us in the eyes of a world that thought it could trust America. The antidote lies in the voices we use to publicize our opinions: take serious allegations seriously, investigate and let the facts tell what they can, make them public, withhold judgement that can’t be made with verifiable confidence.

“Almighty God, you proclaim your truth in every age by many voices: Direct, in our time, we pray, those who speak where many listen and write what many read; that they may do their part in making the heart of this people wise, its mind sound, and it will righteous…” (BCP, 827)

The Battle of Concord and Lexington: Was it about confiscating guns?

An avid gun rights advocate recently posted something he’d got from somewhere about the April 19, 1775 Battle of Lexington and Concord.  It was in the form of a story about a tyrannical Governor out to confiscate guns from peaceful civilians written in a way to imply current events.  Only at the end was it revealed that the Governor was Gage, military governor of colonial Massachusetts, who, so the story was written, was out to disarm peaceful Americans.  The point the story tried to make was that the American Revolution began by defending American gun rights.  

It failed to mention a few key points.  For instance, the weapons Gage’s troops wanted to confiscate were not the rifles and shotguns of local farmers, but armories belonging to the colonial legislature and reserved for use by the organized colonial militia.  That didn’t mean a ragtag group of unauthorized wannabe militia types.  Colonial militias were citizen soldiers organized and trained by their government.  

The underlying issue was not about guns per se, it was about reverberations from the hated Stamp Act of 1765. It required purchase of official stamps to certify recorded purchases and sales to raise funds for the part of wars against France fought on American soil. Unpopular in the extreme, it was quickly repealed, only to be followed by the Townshend Acts that taxed goods imported from England that were prohibited from being made in the colonies. They inspired the 1770 Boston Massacre (look it up). Most were soon repealed, except for a tax on tea – the Boston Tea Party. An added insult was the declaration by parliament that the colonies had no right to a voice in the legislature, and could be severely punished for disobeying royal governors. The colonies retaliated by forming and drilling colonial militias. Keep in mind, the colonies had provided troops for the French and Indian Wars, so were not without experience.

It wasn’t about guns, it was about repressive legislation.

The American revolution was a long time coming, Concord and Lexington wasn’t the first encounter between British and American troops, but it was the “Shot heard round the world.”

The Declaration of Independence that followed in 1776 listed twenty-seven complaints against the king, complaints that justified revolution and the establishment of thirteen new nations joined in voluntary federation.  Was the right to own guns among them?  Not that I can see.  The complaints were about English laws forced on the colonies, parliament’s refusal to pass laws requested by the colonies, and limiting their ability to pass laws for themselves.  When the king did call legislative assemblies, he did it at odd times and places making it almost impossible to meet.  If he did’t like what they did, he dissolved them.  He all but shut down immigration from anywhere but England.  He demanded personal loyalty from judges.  He confiscated property to house troops.  He kept standing armies to intimidate Americans.  He made the military superior to civilian authorities. He closed off free trade with the rest of the world.  He undermined traditional English Common Law.  He authorized the capture of American vessels at sea.  His behavior incited the insurrection of otherwise peace loving citizens.  Taxation without representation was a big deal.  Of course taxes needed to be raised, but Americans were denied a voice in deciding the English laws affecting them.

That’s a rough summary.  Not a word about gun rights.  Why?  They were never an issue.  Gun rights advocates got it wrong, again.