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 2)
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on Oct 21, 2004
Steven, "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."

Precisely, so the idea is to continuously strive for a government that balances the interests of the individual, the interests of the majority, and the overall interests of the state (i.e. the whole of society). Forgive the cliché but absolute power corrupts absolutely whether it be the absolute power of the individual, the absolute power of the majority, or the absolute power of the state whose only true function is to serve both.
on Oct 21, 2004
Madine: “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.”

Yes. The people have the right through their representative government to create laws that are necessary to maintain order within the body politic, but when the majority seeks to usurp this power through the legislative/executive branch(es) under the guise of morality, that either overtly or inadvertently, oppresses the minority who does not share the majority’s narrow interpretation of morality, then the burden shifts to the majority to show that said behavior truly poses a tangible threat to society other than posing a threat to the status quo or to the majority’s narrow view. If they cannot, the role of the judicial branch is to ensure that majority opinion yields to the greater good embodied in justice, fairness, equality, and individual liberty.
on Oct 21, 2004

Forgive the cliché but absolute power corrupts absolutely whether it be the absolute power of the individual, the absolute power of the majority, or the absolute power of the state whose only true function is to serve both.
THe glitch is in "absolute" --running against the grain of freedom under law.
If they cannot, the role of the judicial branch is to ensure that majority opinion yields to the greater good embodied in justice, fairness, equality, and individual liberty.
right on target!

 

on Oct 22, 2004
Thank you Steven.
on Oct 22, 2004
Steven, one more thing..."philosopher king "

It's refreshing to run into someone who has actually read "Plato's Republic" or any other classic for that matter.
on Nov 01, 2004
As a Conservitive I have no problem with jliberal interpretations of the Preamble. My concern is with liberal interpretations of the division of powers as assigned by The Constitution. Laws are written by the Legislature, Poeple are judged by the Judiciary, and laws are acted on by the Executive Branch. When a state Judiciary changes a state law for any reason, it has oversteped its power. The judiciary can strike down a law, but cannot rewrite a law. That must be done by the Legislature.
on Nov 01, 2004
As a Conservitive I have no problem with jliberal interpretations of the Preamble. My concern is with liberal interpretations of the division of powers as assigned by The Constitution. Laws are written by the Legislature, Poeple are judged by the Judiciary, and laws are acted on by the Executive Branch. When a state Judiciary changes a state law for any reason, it has oversteped its power. The judiciary can strike down a law, but cannot rewrite a law. That must be done by the Legislature.
on Nov 02, 2004
JKH-1: "When a state Judiciary changes a state law for any reason, it has oversteped its power. The judiciary can strike down a law, but cannot rewrite a law."

The role of the Court is also to INTERPRET the law as well as strike down laws that are unconstitutional. Interpreting the law is not a "liberal" division of powers. It was the Founders' who established the separation of powers. Laws and their language are often ambiguous and the language of laws are often intentionally written abiguously for political reasons (i.e. so that one party can say they past a certain law that their core supporters wanted and they are often related to a certain political "hot button" issue. This lets the Legislature off the hook and allows the Court to take the heat for it). The courts are often left with the difficult task of determining what the Founders meant or what the legislature intended because the language of the constitution and many laws are unclear. If a state legislature is so upset with the Court's ruling, they have the option of rewriting the law in order to clarify it's meaning. If the state's law is deemed unconstitutional they have the option of changing it, based on the Court's ruling, so that it does NOT conflict with the constitution.
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