DEFINING THE BIG ISSUES

 

Some of us that graduated from liberal arts institutions have recently found ourselves returning to our dusty textbooks on American political theory, philosophy, and economics. This refresher course has become more common (and necessary) since President Trump and his MAGA followers took over the country. Fundamental concepts like the meaning of the Constitution, the role of Congress, democracy, republic, freedom, liberty, justice, and the rule of law have suddenly become disrupted and even threatened.  

This commentary will discuss each of the above “big issues” that are so valuable in explaining our form of government. To debate our tribal disputes, we need to agree on the terminology that describes our political system. Once the definitions are settled, whatever position we take, we should remain consistent. It is not acceptable to ignore an adopted basic principle just because Trump changes his position to “get a win.”

The United States of America is not a democracy; it is a democratic constitutional republic. Policy decisions are not made directly by voters. They are made by elected representatives. These representatives, including the president, are bound by the rights and restrictions contained in the Constitution. The only “directly democratic” policy decisions recognized across America are citizen referendums placed on local and state ballots.

The Constitution is 237 years old. While it is known as “a living document” because it can be amended, this has only happened 27 times. The Constitution built our nation out of a weak confederation of states. It organized government so that its powers could not be captured by factions, or the general public, or by the president. It guaranteed property rights. It preserved the autonomy of the states. Most importantly, it granted people essential rights against potential government abuses.

The Constitution assigned to Congress the responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers. The president is permitted to veto specific legislative acts, but Congress has the authority to override presidential vetoes by two-thirds majorities of both houses. The Constitution also provides that the Senate advise and consent on key executive and judicial appointments and on the approval for ratification of treaties.

In recent years, Congress has not exercised many of its important responsibilities. It has permitted the executive branch to consolidate additional power, outside the parameters of the Constitution. In addition, the Supreme Court has ratified this trend to strengthen the powers of the presidency. Trump supporters who claim to support the Constitution should take notice.

What is the distinction between liberty and freedom? While often used interchangeably, they are different. Liberty emphasizes the importance of individual rights, bestowed by the government. It can be defined as “living without oppressive restrictions imposed by the state on one’s way of life, behavior, or political/religious beliefs.” The idea of liberty is enshrined in the Bill of Rights.

Freedom is more focused on the ability of individuals to pursue their own interests, free from economic or social hardship. It refers to the ability to achieve a good life without being hindered by outside forces. It is often associated with the idea of the pursuit of happiness.

Under our form of government, favoring either liberty or freedom can lead to very different political ideologies and policies.  For example, libertarians and many conservatives, prioritize individual liberty and limited government intervention. Conversely, progressive Democrats tend to place greater emphasis on government-provided social and economic freedoms like healthcare, education, and a living wage that allow individuals to achieve their potential. In my view, it is inconsistent for those opposed to government intervention, to also oppose family planning and the rights of the LGBTQ + community.

Since the New Deal, the raging domestic debate has been whether the overriding goal in national policy should be more liberty with less government intervention or more government intervention that guarantees cradle to grave freedoms for all Americans. Achieving an acceptable balance between liberty and social freedom is a complex and ongoing challenge. The polices that may help attain balance include progressive taxation, access to quality education, social welfare programs that reduce poverty, and policies that ensure freedom from discrimination.

The great political philosopher John Rawls tried to unite both liberty and freedom through his concept of justice. His theory of justice describes “a society of free citizens with equal basic rights who work together cooperatively in an egalitarian economic system.” Rawls believed that his theory was the best framework for the legitimate use of political power.

The last “big issue,” the rule of law, is the principle under which all individuals and institutions must be accountable to laws that are publicly known, equally enforced and independently adjudicated. Unfortunately, since Trump’s reelection, well established laws have become obstacles to be ignored not directives to be followed.

His repeated actions in disregarding court orders that follow the Constitution, that attack the justice system and judges, that target political opponents and the press, and that initially challenged the results of the 2020 presidential election with no basis to do so, have been unprecedented.

For Trump supporters who hope their next traffic ticket, their daughter’s divorce or their son’s drug arrest will be handled according to the rule of law, please be consistent. Once we permit the President to carve out exceptions at his whim, the legal system will begin to crumble.