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| [Reprinted from The
Center Magazine (The Center for the Study of Democratic
Institutions), January-February 1976] |
Sixteen years ago I wrote an essay on this topic that was published in
the Saturday Review. The very nice lady who acted for the Review
objected strongly to the title. She said it was so shocking that nobody
would take the paper seriously. She may have been right. At any rate
nobody did take the article seriously. If nobody takes this article
seriously, it will not be because of the title. If we look almost
anywhere in the world, we find people asking whether democracy is
possible and usually giving a negative answer. The dictatorships in
Latin America, Africa, and Asia leave the Western world with an almost
complete monopoly of self-government. Only Europe and North America make
serious claims to democracy as we understand it. The peoples'
democracies that burden the Eastern world need not detain us, for they
are clearly not within the range of our subject. The difficulties
besetting the governments of Europe and North America are serious enough
to raise the question whether democracy is possible even when these
countries actually have governments democratic in form. Britain, for
example, is a democracy, but it is a fair question whether it can escape
a temporary interruption of its democratic course. And for ourselves, we
have only to remember the narrow escape of Watergate.
Democracy is a system of government by which people rule and are ruled
in turn for the good life of the whole. It is a system of
self-government. It is government by the consent of the governed, who
have consented, among other things, to majority rule. Nothing excludes a
system of representation, though a system of full-time politicians and
indifferent citizens can hardly be a democracy except in name. The aim
of any democracy must be the common good, which is that good which no
member of the community would enjoy if he did not belong to the
community.
The exact opposite of democracy is government by pressure groups. This
is a government under which special interests, by deals and propaganda,
endeavor to exploit the community for their own benefit. For example,
everybody ought to have a chance to live in a decent environment.
Everybody ought to have a chance to live in a decent home. Those who
destroy the environment in order to provide homes and those who would
preserve the environment by refusing to provide homes are equally guilty
of perverting democracy; for they must see that the common good requires
both.
A community is of course composed of diverse people with diverse
interests. These people become a community through their dedication to
the common good. They have to be dedicated to the common good, or there
will be no community, and they will lose that good which would accrue to
them if they did not belong to it.
Tocqueville remarked that the individual is a defaulted citizen, that
democracy fosters individualism, and that individualism first saps the
virtues of public life and ends in pure selfishness. Tocqueville said
that democracy, by way of individualism, .throws every man "back
forever upon himself alone and threatens in the end to confine him
entirely within the solitude of his own heart." The citizens of the
United States, Tocqueville thought, would escape this fate because our
Constitution required us to learn together to seek the common good. We
would be forced, he said, by the necessity of cooperating in the
management of our free institutions, and by our desire to exercise our
political rights, into the habit of attending to the interests of the
public. This was, indeed, the hope of the founding fathers.
Tocqueville's expectations have not been fulfilled. The people of the
United States are in fact defaulted citizens, with an indifference and
even a hostility to government, politics, and law that would have
astounded Tocqueville - and the founding fathers. Instead of being a
citizen the American individual is a consumer, an object of propaganda,
and a statistical unit. In view of the condition of our education, our
mass media, and our political parties, the outlook for democracy, the
free society, and the political community seems dim.
All the studies the Center has been carrying on have come out at the
same place. We are entering a new world, and we are not very well
prepared for it.
In 1934 Mr. Chief Justice Hughes said, delivering the opinion of the
Court, "The vast body of law which has been developed was unknown
to the fathers, but it is believed to have preserved the essential
content and spirit of the Constitution.... This is a growth from the
seeds the fathers planted."
In this view, the founding fathers meant us to learn. They meant us to
learn how to form a more perfect union, to establish justice, to insure
domestic tranquillity, to provide for the common defense, to promote the
general welfare, and to secure the blessings of liberty to ourselves and
our posterity. They founded a political community; a community learning
together to discover and achieve the common good, the elements of which
they set forth, but did not elucidate, in the Preamble. The reliance on
us to continue learning is evident in every line of the Constitution and
in the brevity of the whole.
The Constitution is to be interpreted, therefore, as a charter of
learning. We are to learn how to develop the seeds the fathers planted
under the conditions of our own time. This political botany means that
nothing we have learned and no process of learning could be
unconstitutional. What would be unconstitutional would be limitations or
inhibitions on learning.
Learning is a rational process. Law is an ordinance of reason, directed
to the common good. If the Constitution is to teach us, and we are to
learn under its instruction, the dialogue that goes on about its meaning
must be about what is reasonable and unreasonable, right and wrong, just
and unjust. The question is not what interests are at stake, not what
are the mores of the community, not who has the power or who is the
dominant group, not what the courts will do or what the legislature has
done, but what is reasonable, right, and just.
What are the prospects of learning?
Not too long ago the Resource Guide for English and the Social Studies
for the tenth grade in Pasadena announced: "In the tenth grade,
study is concentrated on the growth of democracy, and especially on the
form of government which developed. Such a study should be brief and to
the point, in order to allow time for the unit on Driver Education."
We have triumphantly invented, perfected, and distributed to the
humblest cottage throughout the land one of the greatest technical
marvels in history, television, and used it for what? To bring Coney
Island into every home. It is as though movable type had been devoted
exclusively since Gutenberg's time to the publication of comic books.
William Berkeley, governor of Virginia in the seventeenth century,
said, "Thank God there are no free schools or printing, for
learning has brought disobedience into the world, and printing has
divulged it. God keep us from both." We are combining Berkeley's
ideal of no communications at all with the democratic ideal of
communications for everybody by having mass communications without
content. In the same way it sometimes seems as though we were trying to
combine the ideal of no schools at all with the democratic ideal of
schools for everybody by having schools without education.
Lincoln once referred to us as the "Almighty's almost chosen
people." Whether he meant that the Almighty had given us careful
consideration and decided to pass us by, or whether Lincoln was simply
being modest, I do not know. He probably meant that the Almighty had
provided us with all the materials necessary for us to display a great
experiment on a world stage. He was not forcing us to play such a role.
But He was giving us a chance to be the last best hope of earth.
If we look at ourselves in this light, as trustees for democracy, the
means for which have been lavishly supplied to us, we have not been
doing very well by ourselves or others. Domestic and foreign policy
appear to be conducted without regard to the democratic history or
intentions of our country. Now that the Cold War may be over, foreign
policy seems to be carried on in the light of the needs of the munitions
makers, the Pentagon, the C.I.A., and the multinational corporations.
These corporations must, among other things, be allowed to make enough
money to bribe foreign governments, political parties, and purchasing
agents. Domestic policy is conducted according Jo one infallible rule:
the costs and burdens of whatever is done must be borne by those least
able to bear them. What is the price of gasoline to me? To a blue-collar
worker who must commute two hours a day - usually because he can't find
a home nearer to his job - the coming price of gasoline may have all the
charm of a heart attack.
Against the poor, and especially the black and Chicano poor, the forces
of what we call the community are massed. Since the poor are a majority
of the people, we must say that the political community required by
democracy has disappeared and that what we have is what the Athenians
called a timocracy, a government by money. We must say also that the
political community must be restored. If it isn't, we shall experience a
period of disruptive violence the like of which we have not seen since
the Civil War.
The procession of corporate executives who have pleaded guilty to
violating the laws of this country and who have admitted spending
millions on paying off foreigners, suggests, like Watergate, that wealth
and college degrees have no connection with morality or with the common
good. The power of wealth includes the power to get a college degree.
But a college degree provides no assurance that its recipient will have
any faint glimmer of the dedication to the common good that democracy
demands.
We are without leadership because that dedication is missing -
political power is simply power, the object of which can be either good
or evil.
Contrast this to Werner Jaeger's description of the consequences for
democracy of the conviction of the greatest Greeks that they were the
servants of the community. Jaeger says, "In that atmosphere of
spiritual liberty, bound by deep knowledge (as if by a divine law) to
the service of the community, the Greek creative genius conceived and
attained that lofty educational ideal which sets it far above the more
superficial artistic and intellectual brilliance of our individualistic
civilization." The Athenians did not have much of an educational
system. They did not need one. They learned from the City, not merely
what it was, but what it ought to be, a political community dedicated to
the common good.
So to Abraham Lincoln this was a government not merely of, by, and for
the people. It was a government dedicated to a proposition. The
proposition was that all men are created equal. This proposition, which
we neither understand nor apply, is likely to be the battleground of the
future as it was in Lincoln's day. At that time the most conspicuous
manifestation of inequality was slavery. Democracy demanded that all men
be free; justice made the same demand. Today freedom and justice demand
that equality be applied to opportunities for each citizen to achieve
his fullest possible development. This means equal educational
opportunity. It also means access to the legal system, to the health
system, to housing. The political community cannot be restored or
maintained unless minorities and the poor are given that equality to
which this community was originally dedicated.
The exclusion of minorities and the poor from the political, economic,
and social system means that the diversity out of which the community is
formed is so restricted that the rich and the majority cannot learn
through the community. We should ponder the words of a justice of the
New Jersey Supreme Court, who said the other day, "A homogeneous
community . . . is culturally dead, aside from being downright boring."
Hence the basic theoretical question with which the Center is now
dealing is equality in relation to freedom and justice. Take any subject
on which we have worked in the last six months: the revision of the
federal criminal code; the possibilities of accommodation as against
those of litigation; planning; electoral reform; the press, its freedom
and its responsibility; the penal system (now called corrections); the
community and the schools; the British experience with the privatization
of profits and the socialization of losses; growth and the right to
housing; and world organization. The central issue has been equality in
relation to freedom and justice. These appear to be the central elements
of the common good.
Democracy today has all the problems Tocqueville saw in it, but it has
them on a world scale. The atrocities of which the C.I.A. has been
guilty may not show that democracy is impossible worldwide. But they do
show that merely having a democratic form of government is no guarantee
that atrocities will not be committed.
We know that freedom, justice, and equality - the common good - must be
preserved worldwide because all our problems are world problems. But we
have not even begun to think about them as such. Sixteen years ago I was
able to say that reality was concealed from us by our current remarkable
prosperity, which resulted in part from our new way of getting rich,
which was to buy things from one -another that we did not want because
of advertising we did not believe at prices we could not pay on terms we
could not meet. We know better now. Perhaps we shall learn also that our
preoccupation with Russia is also somewhat exaggerated. Russia has
played a curious double role in our lives as the devil in our world and
as the standard by which we measure our own progress. If we weren't
getting ahead of Russia, or falling behind her, how would we tell where
we were? History will smile sardonically at the spectacle of this great
country getting interested, slightly and temporarily, in education only
because of Sputnik, and then being able to act as a nation only by
assimilating education to the Cold War and calling an education bill a
defense act.
The pursuit of the common good on a world scale presents special
difficulties. When nations see something to gain, the pursuit seems
bound to fail. The Center for the Study of Democratic Institutions
plunged into the oceans eight years ago. What I have principally learned
from the resulting studies is that there is no apparent limit to the
greed of those who want to exploit the oceans, which used to be called
the common heritage of mankind.
Of course we have to keep trying, and we have to see the world
situation as it is, and not as this morning's headlines present it. The
French historian and philosopher, Etienne Gilson, describes what is
actually going on as follows: "The throes of the contemporary world
are those of a birth. And what is being born with such great pain is a
universal human society. .. . What characterizes the events we witness
... is their global character. . .. The unity of the planet is already
accomplished. For reasons economic, industrial, and technical, reasons
all linked to the practical applications of science, such a solidarity
is established among the peoples of the earth that their vicissitudes
are integrated into a universal history of which they are particular
moments .. . These peoples are in fact parts of a Humanity .. .,
something of which they must now become conscious in order to will it
instead of being subject to it, in order to think it, with a view to
organizing it."
World order is not, then, something that we can ignore or pay attention
to as we choose. It is here, and it will be good or bad depending on
whether or not we will it instead of being subject to it, and whether or
not we think it, persistently, patiently, in spite of the newspaper
headlines, with a view to organizing it.
As we have learned to our sorrow from the Vietnamese and the
Organization of Petroleum Exporting Countries, things do not always go
our way merely because, as Mr. Nixon liked to say, we are the most
powerful nation on earth. Power is more complicated than it used to be.
We are going to have to learn how to live under unprecedented
conditions.
When it comes to learning through the political community, the object
is to learn how to be a responsible citizen, enjoying liberty under,
law. The freedom of the individual must be protected, but in addition
the citizen must grow in responsibility if our country is to become
conscious of itself as a part of Humanity and to think Humanity in order
to organize it. Individual freedom and liberty under law are not
incompatible, and they are both indispensable.
Law is a great teacher. It does not represent that minimum of morality
necessary to hold the community together. It stands rather for such
moral truth as the community has discovered that can and should be
supported by the authority of the community. The conception of law as
coercion, or the command of the sovereign, or the expression of power,
or what the courts will do leads to the conclusion that it is proper to
do anything that nobody can compel you to abstain from doing - or that
you can get away with.
Some such misconceptions must have been in the minds of our
governmental agencies that have planned crimes against our citizens and
against other nations and their leaders. These offenses suggest either
that our officials are hypocritical when they talk about the rule of law
or that when they use the words "rule of law" they don't know
what they are talking about.
The principles of world law are the principles of thinking Humanity in
order to organize it. I think they will be found to be the principles
embodied in the Preamble to the Constitution of the United States.
We must revive, reconstruct, and learn to operate the political
community in the United States because the task we confront on our
two-hundredth anniversary is nothing less than the organization of the
world political community. We have thought that we have had hold of some
truths that would mean something in the universal history of mankind.
The founding fathers rightly believed that the truths in which America
was conceived would stir the aspirations of all men everywhere. And so
they did until it began to look as though we were losing our grip on our
original ideas and ideals.
If today we are called on to exemplify these truths, we have to keep
our hold on them. We have to keep learning them. We have to learn all
they can imply for today and tomorrow. Only if we can do this is
democracy possible. Meanwhile, the proposition to which the Declaration
of Independence and Lincoln dedicated us now extends to the whole world.
Once more, on a new scale, Americans have the duty of forming a more
perfect union, which will involve establishing justice, promoting the
general welfare, and securing the blessings of liberty to ourselves and
all the people of the earth.
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