Thursday, 4 July 2013
Independence Day
"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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"
My great fear is that this sacred day has become, for some, a day of mindless flag waving - the celebration of a secular cult of "America". As the famous words quoted above make clear - it should be about the revolutionary ideas which led to the establishment of the United States.
"All men are created equal" - an idea which was revolutionary. The Romans had their slaves. In the Middle Ages feudalism was based on a hierarchy with Monarchs at the top and unfree people at the base. The British Parliament was divided into two Chambers - one for the Lords and one for the representatives of the "Commons" - but only a tiny proportion of the people had a vote.
Of course, the implications of this revolutionary idea were resisted. The USA retained slaves - and the last few days have just seen the 150th anniversary of the Battle of Gettysburg - afterwards on the site of the battle, Lincoln spoke of "the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.". Today, slavery continues to exist. Inequality has increased - while a very rich, very powerful elite grow ever richer and are able to "buy" political influence (and avoid contributing to the 'common wealth') - the rest of us have to work harder, for longer (if we can get a job in the mess that has been left after the (predictable) failure of neo-liberal economic theories). There are unforgiveable disparities between the life expectancies of the rich and the poor - even within the "wealthy" countries. It is time to renew again the fight for "equality".
I have to admit to being angered by those who boast of their 'conservatism' and claim to be the inheritors of the spirit (and Constitution) of the Founding Fathers. They mouth the words, but deny its application. America was founded on the principle of "Equality". I was so pleased to hear the rationale given in US v Windsor.
"DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government. See U. S. Const., Amdt. 5; Bolling v. Sharpe, 347 U. S. 497 (1954). The Constitution’s guarantee of equality “must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot” justify disparate treatment of that group. Department of Agriculture v. Moreno, 413 U. S. 528, 534–535 (1973). In determining whether a law is motived by an improper animus or purpose, “‘[d]iscriminations of an unusual character’” especially require careful consideration. Supra, at 19 (quoting Romer, supra, at 633). DOMA cannot survive under these principles."
We need to face down those who claim to be constitutionalists, who actually reject the principles which motivated the founding fathers.
The other principle central to the Founding Fathers' thought (also rejected by these people) is the idea of the positive value of 'government'. The Declaration of Independence puts at the heart of its argument the idea that "to secure these rights, Governments are instituted among Men" - and the Constitution's preamble states "We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America"
Happy Independence Day!
Wednesday, 17 April 2013
Rights
In the past slavery and serfdom have been facts of British life - some of our fellow human beings were regarded as less than fully human.
But in more enlightened times, it was recognised that whatever a person' gender; race; class; natural intelligence - there were certain rights that they should enjoy.
It is sometimes worth reflecting on what those rights are. Over recent centuries attempts have been made to identify and list those rights. It's worth looking at some of those documents, and reflecting on why those rights are so important.
Declaration of the Rights of Man and the Citizen (France, August 1789)
Declaration of the Rights of Man and the Citizen (France, 1793)
"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" - US Declaration of Independence (1776) - and the amendments to the US Constitution
Article [I]
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.Article [II]
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.Article [III]
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.Article [IV]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Article [V]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Article [VI]
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.Article [VII]
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.Article [VIII]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Article [IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Article XIII
Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Article XIV
1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Article XV
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.Article [XIX]
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Amendment XXIV
1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.Amendment XXVI
1 The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.Universal Declaration of Human Rights (1948)
European Convention on Human Rights (1952)
Wednesday, 13 January 2010
The Jefferson Memorial
On Sunday I was driven from Washington DC to the home of the family I am staying with in the Mount Vernon area of North Virginia. Our route took us past the Jefferson Memorial. I am a great fan of Thomas Jefferson. We have named our current home in Milton Keynes for the Third President and principle writer of the Declaration of Independence. As President Kennedy said when he hosted a reception of Nobel Prize winners "I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House, with the possible exception of when Thomas Jefferson dined alone."
His original words proposed for the Declaration are worth reflecting upon.
"We hold these truths to be sacred & undeniable; that all men are created equal & independent, that from that equal creation they derive rights inherent & inalienable, among which are the preservation of life, & liberty, & the pursuit of happiness; that to secure these ends, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government shall become destructive of these ends, it is the right of the people to alter or to abolish it, & to institute new government, laying its foundation on such principles & organizing its powers in such form, as to them shall seem most likely to effect their safety & happiness."
He believed in individual rights, and he believed in government.
Tuesday, 17 November 2009
Political Conflict Explained
"If open debate is seen as bickering and haggling; if bargaining and compromise are seen as selling out on principle...it is easy to see why the public is upset with the workings of the political system." But "What seems to escape many people is that democratic processes are practically by definition not procedurally efficient. The 'haggling and bickering' so frequently decried by the people could be very easily termed informed discussion..."
The Muppets portrayed the events of the Continental Congress in a sketch performed a few years ago. The truth they highlight is that democratic politics has ALWAYS been messy.
Friday, 4 July 2008
The Declaration of Independence
July 4th is the day for celebrating the declaration, and the independence of the USA. It is worth reflecting on the ideas which lie behind the declaration.


