Tags
autobiography, Canada, James Doull, law, Plato, religion, United States
Good news this week: after a difficult, expensive and often harrowing process, I had a successful interview with the American immigration service, so I am now a legal permanent resident of the USA (holding a “green card”). While we waited for the interview, I was reading my notes on James Doull‘s Philosophy and Freedom, and realized it had given me a much better understanding of the country in which I have settled.
One of the more curious features of American political conversation is Americans’ attitude toward their Constitution. In American politics, the Constitution is a scripture, a sacred text; and I do not mean this at all metaphorically or analogically. The Constitution literally is a scripture, for it has the most important hallmark that a scripture has: while the meaning of the text is endlessly debated, the text itself is universally regarded with great reverence and respect. Both of the warring sides of American politics accuse the other side of disrespecting the Constitution (the language used is typically stronger than “disrespecting,” often involving bodily functions of some variety). Some might argue that the Constitution is not a scripture because it is not “religious,” but this is already to beg the question; I have yet to find an adequate reason to distinguish between the “religious” and the “non-religious,” or reasonable way of classifying the two.
This attitude toward the Constitution has perplexed me since before I arrived in the country. Here questions of free speech – debated throughout the modern world – are referred to as “First Amendment questions,” as if free speech would somehow not be a meaningful or important concept if this constitutional amendment had not been passed. The text of the Constitution is often quoted as definitive – the idea that one might disagree with a document written by slaveholding white men sometimes does not seem to enter consideration. And strangest of all, American institutions sometimes legally require their members to “support and uphold” the Constitution. During grad school, while thinking toward a future in academia, I noticed that many American universities – in a holdover from the McCarthy era – require their professors to swear American loyalty oaths. But these oaths are declarations of support not for the American people, but for the Constitution – the usual language is that one promises to “support and uphold the Constitution of the United States.” (A similar promise is required when one becomes a citizen.) That language concerned me. I don’t believe that everyone should have a right to own guns, or that every state should have the same number of senators, as the Constitution provides. To me, the Constitution seems like a flawed document – as I think it does to many Americans who agree with me on these and similar issues. So could I really claim, on good conscience, to support it? My worries were not assuaged when I posted my concerns on an online forum for PhD students and a common response – from graduate students, perhaps the most left-wing segment of the entire American population – amounted to “If you don’t support the Constitution, then leave.”
Where is all this coming from? Why are Americans so ardently devoted to a document that, in many cases, they themselves disagree with in large part? Doull helped clear this up for me, through a few brief comments on Plato’s Politicus (Statesman). For Doull, and I think for Plato, a political community’s constitution is “its ideal ordering to the good.” A constitution is, in a sense, the Platonic idea of a political community and its state; a state’s constitution, by definition, is its essence, what makes that state what it is.
If we view constitutions in this Platonic or Doullian light, the strangeness of American political discourse gets displaced. It no longer seems strange that Americans would be passionately devoted to their constitution – for to be devoted to the American constitution is merely to be devoted to America. That attachment to a constitution is no more and no less than the nationalism that is found throughout the modern world. (Which, while curious in its own way, is nevertheless easily understood at a gut level for those who have grown up in that world.) To declare loyalty to the constitution of any country is just to declare loyalty to that country; it only makes sense that one seeking citizenship in a country would declare loyalty to its constitution. (Whether universities should require loyalty oaths of their employees is a very different, and tangential, issue.)
Instead, on a Doullian account, the real strangeness of the American system is that the Americans identify “the Constitution” with that written document, adopted in 1787 and infrequently modified. Properly considered, a constitution includes all of the most fundamental things that make a country what it is, throughout its history; there is much more to the constitution of the United States than the written document of “the Constitution.” I suspect it is no coincidence here that Doull, like me, is from Canada, where the idea of the Constitution is much more nebulous, referring to a much wider set of documents along with unwritten codes, traditions and history.
I have been wondering lately whether the American approach to the constitution derives from the role of conservative Protestants in the nation’s founding. For the idea of a constitution as a single and fixed written scripture would come naturally to those whose entire worldview is itself all about a different single and fixed written scripture. The role of the British Queen in Canadian politics bewilders my wife as much as the American Constitution bewilders me – how could the result of a significant political crisis be decided by a person whose job description is Queen’s representative? It seems to me that where the American constitution is Protestant, the Canadian constitution is Catholic: rather than a single written scripture which everybody respects even as they disagree over its content, Canada’s institutions are based on history, custom and tradition, all of which vest ultimate nominal authority in a single individual who commands a certain amount of respect, even as most members of the institution ignore that individual in all their everyday doings. Here I am turning to metaphor, to analogy rather than homology, for even though there are more Catholics than Protestants in Canada, almost half of them are anti-monarchist French Québécois. Still, the Christian sects seem helpful as a way of making sense of the two North American states, what they fundamentally are and how they work – which is to say, their constitutions.
michael reidy said:
Amod:
Don’t you know that the opposite numbers of the Founders are the Septa Rishi and like the Vedas that great document was ‘heard’ by them and therefore ‘apoureshya’, not of human origin. On the other hand it is splendid device for keeping lawyers in work and as we know America is said and led by lawyers. Even when the first amendment comes up for discussion it is viewed entirely as a legal absolute and the idea of moderating it by a fillip of common sense does not enter into the average citizen’s calculation. It is the one issue that unites both left and right or left middle and right middle. And by the same constitution you can kidnap, assassinate and torture.
Amod Lele said:
I’m not sure to say it’s fair that kidnapping, assassination and torture are “permitted by the Constitution.” At least to some extent those are matters of substantive law. The (written) Constitution is a procedural document outlining what laws can be made and how they can be made. While some constitutions may prohibit torture (under the heading of “cruel and unusual punishment”), I am not aware of any constitutions – written or otherwise – that specifically prohibit kidnapping and assassination. Prohibiting those is the job of actual lawmakers, working within the framework of a constitution.
michael reidy said:
Amod:
Constitutions are of their nature general documents setting forth general principles. Laws are examined for their conformity to the constitution if some dissonance is felt to be a risk or a challenge might be in the offing. Unchallenged laws or directives then have at least a presumptive conformity. This is my point. That no one challenges a law might be as well a covert agreement not to rock the boat.
michael reidy said:
Just read this:
http://maverickphilosopher.typepad.com/maverick_philosopher/2010/10/christine-odonnell-and-the-first-amendment.html
I rest my case
Thill said:
Congratulations, Amod! I am sorry that the “Bodhisattvas”, and particularly Mr. Manjusri, were asleep at their wheels when you were dealing with U.S. immigration officials. I am a U.S. citizen, but I would attest that “harrowing” is an apt description of the U.S.immigration process for so many.
Thill said:
“For the idea of a constitution as a single and fixed written scripture would come naturally to those whose entire worldview is itself all about a different single and fixed written scripture.”
If this is a good inference to the best explanation, it should hold true of all societies in which “scripture fetishism” is dominant, including India. Is this true?
Amod Lele said:
First, any “scripture fetishism” in India is of a very different kind. Even the Mīmāṃsā – the most conservative school of Vedic interpretation – never thought for a moment that everything in the Veda was to be taken literally. There is thus no Indian equivalent to the “strict constructionists,” the fundamentalists of the Constitution, who insist that every scriptural word must be taken literally.
Second, in the societies which most often have such fundamentalist tendencies – the conservative Muslim belt from Afghanistan to the Arabian peninsula – the scripture endorsed is a scripture of the kind one more normally thinks of, namely the Qur’an. A political scripture is an afterthought. It is indeed an intriguing curiosity of the American system that Biblical fundamentalists have come to accept the Constitution as a parallel scripture in the political sphere of life, standing at an equal level with the other scripture they would normally prefer.
skholiast said:
Amod,
Congratulations, welcome aboard, and please don’t blame me. Not necessarily on that order.
I like your point re. protestantism. Another strain here might be Freemasonry. I don’t mean all the alleged esoteric significances in the DC streets; I mean the written charters of the lodges.
The real genius of the Constitution, to my mind, is the way it set up the Montesquieuian system. It arranges things in such a way that disagreement can actually be the engine of equilibrium (not that this has always worked). It seems no wonder, then, that the document itself remains an object of so much disagreement!
Amod Lele said:
Yes, I am seeing the centrality of disagreement to the system – American politics seems, in a way, to be about minimizing areas of agreement. The gerrymandering of electoral districts is taken for granted here as part of the game; this has long appalled me, but the presumption is that each opposing party will function as a check and balance on the interests of the other. In Canada redistricting is done by a non-partisan commission, which is by and large accepted as non-partisan; I don’t think such a thing could happen here.
michael reidy said:
Thill,
As a non-resident Indian you have achieved one siddhi at least, ubiquity, residing nowhere because you are everywhere. From the Irish point of view emigration has mostly been regarded as a disaster and in recent years during the boom some who fled from the burning building to America in the 80’s came back. It was the thought of their children growing up American that was the spur. Not a problem for Amod but he must learn to forswear politeness.
Thill said:
MR, you are confusing me with Herr Brahman!
JimWilton said:
Congratulations, Amod!
Amod Lele said:
Thanks!
Count Sneaky said:
Congratulations Amod! You are right to say that the U..S. Constitution is revered as scripture and semi-sacred by the citizens of this country, although few have ever read the document and cannot tell the difference between it and the Declaration of Independence. It is a matter of loyalty. Nothing complicated here, and it serves to be a rallying point for all parties…something of a big boxing ring,in which all comers have a chance to meet their opponents within its shadowy, ever shifting confines.
It becomes a focus for reform, frustration, and fanaticism and ignorance. Scripture
becomes less confining and subject to all visions the longer it exists. So welcome and let us revere and support the life it gives. The darkness is still out there.
Amod Lele said:
Well, that few ever read it doesn’t make it any less of a scripture! One thinks of the Indians who memorized the Vedas without knowing any Sanskrit, or even the Southern congressman who insisted on the crucial importance of the Ten Commandments but, when pressed by Stephen Colbert, could name only three.
Pete Schult said:
Very nice post. You almost convince me of the reality of Zeitgeist since, lately, I’ve been moving away from the American civic religion that worships the Founding Fathers (except for Jefferson in Texas :-) ) and the Constitution.
Actually, my migration began 21 years ago when flag burning was in the news because the Supreme Court had held that banning it is unconstitutional. With the mob demanding a constitutional amendment to allow governments to ban flag burning, I commented to a friend that perhaps the Bill of Rights should have a higher bar for being amended, but he replied that that wouldn’t be a good idea since he wanted to get the Second Amendment repealed. Even though I have never liked guns, that struck me at first as heresy, but I gradually woke “from my dogmatic slumber” and came to realize that the bar is already too high for making changes to the Constitution. That leaves any changes to it in the hands of the courts and allows its devotees to claim that its perfection is evidenced by the fact that it’s only been amended 27 times while they ignore the fact that getting 2/3 of each chamber of Congress and 3/4 of the states to agree on an issue is a near impossibility.
Amod Lele said:
Thanks, Pete. You’re right, the idea that the Constitution’s rare amending is evidence of its perfection is pretty laughable – with that kind of bar, the surprise is that they actually managed to get through even 27 amendments! A better case for it is the fact that under it, the USA has been held together for over two centuries. The country is basically divided into two halves that hate each other, and yet peace is maintained in significant part by allegiance to this commonality – when even the commonality of Jesus has so often failed to maintain peace between Catholics and Protestants (and similar examples could proliferate). The country has been wracked by similar schisms several times before, and yet only once in that now-long history has it degenerated into anything more than isolated violence.