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Edited on Thu May-12-05 03:51 PM by kenny blankenship
was done under the overt principle of pragmatism. Pragmatism means what though? It is necessary... Pragmatism doesn't explain ANYTHING in the realm of rights. Individual rights you see tend to be accompanied by this little adjective, "inalienable". That means society, other individuals, can go to hell before an individual can be deprived of this right, whatever it is. It can't be challenged, or taken away or suspended unless the individual in question has done something of a criminal nature, or hewn to this country's enemies, or some other thing to alienate himself from his rights.
Unspoken behind the pragmatism of New Deal reforms though was always the assumption of a social right to shape society towards better ends. Sometimes this right was silently assumed, sometimes it was given voice directly or indirectly in political contests. This had to be! Because heretofore, it was known and established legally that no such right existed in America. Many of the things we esteem the New Deal for reforms of labor abuses, monopolistic abuses, etc, had been addressed by laws and those laws had been struck down by the SCOTUS on the dual basis that the laws were an uConstitutional infringement on individual liberty and property rights and no collective right existed to countervail individual rights. Rights were individual by nature according to our philosophical traditions, that is they existed only in individuals. This land was world reknowned as the home of unrestrained capitalist, by virtue of the inalienable right of private property, and indeed the very idea of restraint on commerce, or a modification of propertyright was "un-American", and held to be so (that is, unConstitutional) by the Supreme Court again and again between the late 19th century and FDR's New Deal. The Great Depression though changed this consensus with the most powerful kind of argument: capitalism had fallen and could not get up. The Lockean individualism of our founders was pitched (pragmatically) to the side of the road and new consensus emerged that America had to work for all Americans and that meant all Americans could get work. The old order resisted most notably through the courts, and by means more or less forceful they were swept to the side. America had seen the opposite case under Hoover and was ready to leave that world behind, no matter what the Constitution or statute law said or was held to say previously. It was a matter of survival. But for whom? Individual property rights that existed in 1930 as absolutes were modified by the New Deal. They were trumped-- pragmatically when necessary--but... by what? There can logically be only one answer: by a collective right to provide for the general welfare.
The Great Depression changed the culture and the national consensus, but it did not sufficiently change THE LAW (to reflect the new consensus) and change our official political philosophy. Laws were changed in little ways; more commonly the previously unconstitutional was held to be constitutional without much of an explanation why; and the big picture justification for transforming our national idea about the sanctity of property was allowed to go unspoken. It didn't rate even a new paragraph in the Constitution. The big amendment of the day simply repealed Prohibition, saying nothing about the new powers of government to intervene in the aggregate supply/demand equation, to set wages, to redistribute wealth and all the other socialist --yes, SOCIALIST-- things Mr. Roosevelt's administration got to doing. The change of consensus appears though in movies and cultural productions of the time--abundantly, if you bother to spend a little time in research. (If you do not, well you can never hope to understand what was in their heads and what they understood to be happening around them during that time, can you?) Officially and legally however, the New Dealers just pretended that things were the same as before. A continuum was projected, or papered over the top of, what was in fact a radical break for America, arguably larger and more significant than the change brought by the Civil War and the 14th Amendment. (After the Civil War people spoke of a New Republic acknowledging the failure and fiery death of the original one created by the Constitution of 1787. I score that new version of America as the Second Republic which would last until 1932.)
Well look what has happened Mr. Empiricist, as a result of that false sense of continuity--as a result of that failure to assert honestly the new justification for the new regulations. The self-described laissez-faire absolutists started pushing on the Liberal underpinnings of the U.S. Constitution and of Anglo-American law and all of your nicely regulated capitalism has come undone. Now they regulate us instead!
The New Deal changed the culture and practice of the time but left the law alone, pretending all it wanted to do was already sanctioned by the Constitution. There's an idea that would have made the plantation owning founding fathers' heads explode! The conflict between the right of society to regulate capitalist enterprise and the radical-individualist assumptions of our Constitution and laws was never dragged out into the open, honestly addressed and resolved in favor of the new collective interest. That was thought too difficult, or perhaps the New Dealers assumed that Americans henceforth never want to risk going back to the 'bad old days'. Perhaps they thought they didn't have to take such measures because the majority would always remember what life was like before the New Deal and a winning political argument would make a winning legal argument unecessary. So the change they brought was never enshrined in overt principles and laws which justified their actions. And so it has become possible over time, by persistent rightwing appeals to the law and to this country's philosophical traditions, as embodied in laws and acts of the government, and in the thoughts of those who influenced our country's foundation, to CHANGE IT ALL BACK. See?
Why did this happen? How could the rightwing succeed in this liquidation of the New Deal without fighting a bloody revolution? We can go on endlessly about the way the corporations have captured and rolled up all the mass media in this country, and how money influences who can even run for office, and all of that is valid enough but it doesn't begin to explain why the fight has been so one-sided. The success of the right in taking this country back to the pre New Deal arrangements of power is mainly due to the fact that what they confronted was not Constitutionally enshrined, instituted principles, but instead just a gaggle of gov't programs and policies, which could be isolated and pinned to the chests of isolatable Democratic Party constituencies. They have been able to pick these off one by one, working at undoing the New Deal as the people who remember the world before Roosevelt fall into silence and die off: they only have to overcome PEOPLE you see, not the country's Constitutionally enshrined legal principles. The New Dealers changed quite a lot about way the country worked and gave the Federal government a role utterly alien to anything the founders of this government certainly intended it to have but though they gave the country a "new birth in liberty" as it were they failed to memorialize this accomplishment. They Republicans can proceed program by program taking the Third Republic apart without being called down for "being in violation" of the spirit or letter of some Constitutional provision because the real impetus behind modifying the right to untrammeled accumulation (regulated capitalsim) was never acknowleged openly by the movement which did the modifying. They can claim to be RESTORING the purity of our original form of government, and dodge the question of why that form of government was abandoned in the first place.
FDR did socialist things. Justly he is accused of socialism, even though he is equally justly accused of thwarting socialism. However you want to score that, he and his movement did not leave behind indelible marks in the Constitution justifying and eternalizing what they did, acknowledging the distinction between them and what had always come before, and proclaiming as a national understanding that we would never go back to those antique, plantation society ways.
We are paying for that omission now. Maybe while you're doing your research washing numbers through your head, you might devote some time to trying to figure out how we arrived dialectically in the unregulated, unrestricted mess we're now in. You might discover something about the downfall of the Democratic Party; its present political irrelevance will become more clear to you. I'm not saying the way up from irrelevance will become clear, but at least you will understand better what is fruitless and won't be of any help in the future. Pretending that the New Deal was provided for under the general welfare clause written by 18th century slaveholders won't help. Proceeding with a liberal set of goals without appreciating that they actually depend on quite radical changes to our notion of rights for their success is not going to be of help either. Democrats have tried to pretend they could do this--they're STILL at it in fact.
THIRTY YEARS OF POLITICAL FAILURE IS THE CONSEQUENCE. THIRTY YEARS OF GETTING YOUR ASSES KICKED BY REPUBLICANS IS THE CONSEQUENCE OF THIS SLEEP OF REASON.
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