Constructive gadfly

Often critics of critics like to use sophistry to pervert an argument. If the assertion is that conservatism in its purist terms tries to preserve what is considered the best of tradition without first analyzing the value of tradition it wishes to preserve, the critic counters that “the best of tradition” is self-explanatory and that which does not merit traditional value is dismissed. Asked just what is the best and the worst, the reply is that any thinking or action that goes against what is the best of the conservative position. Pressed further, the critic argues that the position is the very foundation on which the nation rests, and anything that chips away at the foundation is wrong. When challenged that the “first analysis” cannot be dismissed by an all embracing self-explanation, the critic defends the prima facie embodied in the Constitution.

If pressed further that even the Constitution requires analysis and interpretation, the counter argument is that it is unnecessary to analyze that which is the foundation of the nation and thus self-evident. Asked if “the people, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity” requires analysis and opens to interpretation, the answer is no as it is self-evident. However, in the practical realm, conservatives do analyze and interpret to suit their ideology as surely as liberals do.

Conservatives form a more perfect union on the basis of states’ rights as essential because by definition “union” is the sum of its parts, regardless of whether a state frays the thread of the rest — state and local government know best and should be honored, except, of course, with respect to “common defen[c]e.” This primacy of states’ rights ties in with individual freedoms across the lines of culture and commerce, resulting in open defiance of forming a more perfect union in virtue of establishing justice not for but by the individual. Defense is seen as the right of preëmptive strikes even on the predication of remote intent, rather than justifiably preventive actions based on a clear and present danger. As for “domestic tranquility” the conservative readily embraces regulation to the extent only that it facilitates the flow of commerce and insures the principles of laissez-faire, the latter of which has the potential of jeopardizing the promotion of the “general welfare.” Conservatives interpret “blessings” to mean that only the blesséd and their posterity should expect to secure liberty for themselves as they possess the map to rectitude and potency, while others, ill-equipped and without blessing, are at liberty to self-destruct.

On the other hand, the liberal sees a more perfect union as a commitment to greater equality by ending exclusivity of states and thereby dispersing the population and industries across the vast lands to put an end to the blight of densely populated states. To achieve this, requires central planning, much like the founding fathers planned D.C., except for their omission of an equally planned housing and service district, which eventuated into but another heterogeneous blight. As for the defense of the nation, the liberal view, far from dismissing the cry of “don’t tread on me,” works on the causes that generate such a cry and attempts to remedy the rumbling of hostility by comprehensive diplomacy with a big stick under the table. If diplomacy fails, and the threat becomes imminent, strategic force becomes inevitable. The liberal sees justice as the tool to preserve and to build a fair and tranquil society for all law abiding citizens to dwell in a more perfect union; yet, always with an awareness of its causes, to deal sternly with crime. Moreover, this side views the promotion of general welfare as the means to attain a more egalitarian atmosphere in economic pursuits as well as cultural by insuring a level playing field in the search for opportunity in advancing the standard of living and educational enrichment and thus dwell in a richer meaning of liberty for present and future citizens, in lieu of dynasties.

Both views are tainted with sophistry. Which is more or less ? Is another argument.

    

Copyright © 2004 Richard R. Kennedy All rights reserved. Revised: October 18, 2004.

http://stevendedalus.joeuser.com

 

  


Comments (Page 1)
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on Oct 18, 2004
Steven, thanks for posting such an insightful article. I would like to further discuss a particular section of your article which reads, “This primacy of states’ rights ties in with individual freedoms across the lines of culture and commerce, resulting in open defiance of forming a more perfect union in virtue of establishing justice not ‘for’ but ‘by’ the individual.”

How can one say that justice exists if it only serves the majority while oppressing the minority within society? James Madison, often described as the “Godfather of the Constitution” wrote in Federalist #51, “Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger…”

While it is an interesting academic exercise to look at the Preamble to the U.S. Constitution in isolation, I think doing so places that particular section outside of its proper context (I’m not accusing you of doing this, I’m suggesting that some who read your article might draw that conclusion or make that mistake). Understanding the document as a whole and the intent of the Founders, who crafted it, requires more in-depth analysis. That examination should be done within the context of the entire document including the Bill of Rights and in tandem with the Declaration of Independence, and other Foundational writings (i.e. the Federalist Papers, the Constitutional Convention debates, (etc…)). Admittedly, this is no small task.

For example, I have seen many articles posted on JU blog sites essentially arguing that the essence of a democracy and the basis of individual rights are defined solely by the opinions and whims of the majority even though this conclusion fails to recognize that: 1.) we are not a democracy per se but a democratic republic; and 2.) fails to look at the Constitution as a whole and ignores the preamble to the Declaration of Independence, which reads:

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

"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 Founders’ use of the phrase “unalienable Rights,” in the Declaration of Independence, coupled with their other writings and founding documents, supports the notion that certain rights are those which are bestowed upon us at birth, vis-à-vis God, or rooted in “natural law,” and therefore these rights are not subject to the whims of the government nor subject to majority opinion at any given moment in our country’s history. To the contrary, these unalienable rights are presumed to exist in spite of any governmental law or popular opinion if that law/opinion conflicts with the Constitution. It is the government’s DUTY, via the judicial branch, to ensure that those rights are protected, (I might add by no small coincidence), by the branch of government that is most removed from and not directly subjected to the whims of the people.
on Oct 18, 2004
Excellent response, Ill get back to you.
on Oct 19, 2004
Excellently written, very thought provoking.
on Oct 19, 2004
I think the "conservative" views would be better described as "libertarian" and the "liberal" ideals as "communist".
on Oct 19, 2004
Madine:

Liberal equals communist? So, Stalin was a subset of liberal?

Conservative equals libertarian? I don't many libertatians who would be comfortable with the that equation either.

This is like the issue of "Strict Constructionist that Bush mentioned in the 2nd debate. He isn't going to have a litmus test but strict constructionist IS a litmus test.

But then again: Someone define Strict Constructionist!
on Oct 19, 2004
Stevendedalus:

A very well written article. It's interesting that conservative used to mean "slow to change, with purpose!" and liberal used to mean "change is good, let's do it!" Now there is no meaning to either label so each had taken on all encompasing definitions depending on individual perspective.
on Oct 19, 2004
Madine, "I think the "conservative" views would be better described as "libertarian" and the "liberal" ideals as "communist".

Given that I am a so called "liberal" and assuming you read my comments posted above, I suppose it logically follows, according to your standards, that James Madison and the rest of the Founding Fathers were communists as well.
on Oct 19, 2004
I think I was misunderstood. I means that I thought the ideals steven described would be better described as libertarian and communist ideals. I didn't mean that liberals were communists or vice versa or conservatives were libertarians or vice versa.

As for “domestic tranquility” the conservative readily embraces regulation to the extent only that it facilitates the flow of commerce and insures the principles of laissez-faire, the latter of which has the potential of jeopardizing the promotion of the “general welfare.” Conservatives interpret “blessings” to mean that only the blesséd and their posterity should expect to secure liberty for themselves as they possess the map to rectitude and potency, while others, ill-equipped and without blessing, are at liberty to self-destruct.


I would consider the above to be libertarian, not conservative.

dispersing the population and industries across the vast lands to put an end to the blight of densely populated states


attain a more egalitarian atmosphere in economic pursuits


Creating uniform population distribution and creating uniform distribution of wealth are two of the main ideals of the communist manifesto.

on Oct 19, 2004
Liberals and Conservatives most likely did not exist when they wrote the document.

When did the Democratic Party come into existence?
When did the Republican Party come into existence?

Then work back from there.

- Grim X
on Oct 19, 2004
Creating uniform population distribution and creating uniform distribution of wealth are two of the main ideals of the communist manifesto.
Please don't link the preamble with a communist manifesto; it shows you're not thinking.
on Oct 19, 2004
I'm not trying to link the preamble with the communist manifesto.

You stated (among other things) two ideas and labeled them as liberal. They were

1. The population should be redistributed to be more uniform
2. The economy should be more egalitarian

Whether or not they have anything to do with the US constitution is irrelevent to my point. My point is that because these two ideas are central points in the Communist Manifesto, in my opinion these ideas would be better described as "communist" rather than "liberal".
on Oct 19, 2004
 T-Bone:

Admittedly, this is no small task.

I agree with your observation here but not really the task of a blog. Nonetheless, I trust you agree that the preamble defines the spirit of all that follows, and the Declaration that precedes it.

I have seen many articles posted on JU blog sites essentially arguing that the essence of a democracy and the basis of individual rights are defined solely by the opinions and whims of the majority even though this conclusion fails to recognize that: 1.) we are not a democracy per se but a democratic republic; and 2.) fails to look at the Constitution as a whole and ignores the preamble to the Declaration of Independence.

If I may add, aggrandizement of the individual is a perversion of the platonic ideal that the person be a philosopher king unto himself by an unselfish probing into the meaning of goodness and justice. Unfortunately the individual is led astray by indulging in his own self-interest regardless of its effect on others.

It is the government’s DUTY, via the judicial branch, to ensure that those rights are protected, (I might add by no small coincidence), by the branch of government that is most removed from and not directly subjected to the whims of the people.

I like this immensely; it clearly defines the necessary irony of a centralized government that — supposedly at least — grasps from the perspective of a higher plane, divorced from non-provincialism, a more widespread sense of justice.

on Oct 19, 2004
1. The population should be redistributed to be more uniform
2. The economy should be more egalitarian
 Madine
:Not to be more uniform but to forge a more perfect union. Egalitarian in creating  a more level playing field is not what the communists had in mind.
on Oct 20, 2004
No matter what your intentions are, if you move people from places like New York and New Jersey to places like Wyoming and South Dakota, the population distribution will be more uniform.

Egalitarian in creating a more level playing field


This begs the question, what constitutes a level playing field?

And now, I will talk about the preamble to the Constitution.

Conservatives see the more perfect union as one ruled by a limited government which serves the national interest as opposed to individuals' interests. Justice is a battleground in the conservative movement, with the rights of the people to create laws based in moral standards versus the rights of individuals to engage in behavior that is regarded as immoral. Domestic tranquility is a mandate to punish criminals harshly. Common defence is more than keeping invaders off our shores, its definition has expanded from the isolationist days to include helping friendly nations and undermining unfriendly nations. Conservatives reflexively cringe when they see the word welfare , even in this context. Conservatives believe the general welfare is served by a free-market economy that is relatively free from government regulation. While nearly all conservatives see the need for some government oversight, is is viewed as a neccessary evil rather than something that is good. The blessings of liberty are first and foremost political and social rather than economic. It is the government's role to secure economic liberty, not economic blessings. Even the government coffers are filled with the fruit of private enterprise, and so it is unwise to suggest that liberty be restricted in order to provide blessing.
on Oct 20, 2004
Madine, excellent Preamble to Conservative Ideology.
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