progressivism, individualism, and the public ... - Telmarc Group

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PROGRESSIVISM, INDIVIDUALISM, AND THE PUBLIC
INTELLECTUAL
Unlike the Bill of Rights in the Constitution, which guarantee free speech, press, religion,
right to own a gun, rights against self incrimination and the like, each of these rights are
related to some economic standard that require the transfer of wealth from one group of
people to another. In essence it is a Rawlsian like redistribution.
But Sunstein's books dwells upon what are rights, and what defines a right. Legally rights
are we have under the law. The Bill of Rights details a few, all of the US laws lay out
many more, including anti discrimination rights, labor rights, civil rights, and many more.
They are codified, adjudicated, reinterpreted, and applied. A right has been memorialized
into law. But as Sunstein states, the US public has often no idea what a right means or is
under the law. Also many Americans have no idea who we fought during the Revolution.
So much to many Americans.
But Sunstein makes his argument as follows: 179
"Americans are perfectly able to distinguish between rights and privileges. In 1991 a
sample of the nation's citizens was asked whether certain goods were a" a privilege that a
person should earn" or "a right to which he is entitled to as a citizen" By strong
majorities the respondents answered that a college education, a telephone and annual
salary increase are privileges…the following were rights; adequate housing, a
reasonable amount of leisure time, adequate provision for retirement years, an adequate
standard of living, and adequate medical care…"
Clearly there seems to be a logical disconnect. He prefaces the statement by saying that
everyone knows the difference between rights and privileges and then goes on to
demonstrate the negative. For what purpose, one would assume to make his point while
making a generalization that is a basic logical inconsistency.
Sunstein uses FDRs words to justify the role of the central government as follows 180 :
"Roosevelt began by offering a brief account of the origins of government…the "victory
of a central government was a haven of refuge for the individual" because that
government ensured a "master far away" rather than "the exploitation and cruelty of the
smaller master near at hand"…Roosevelt linked the existence of a powerful government
with security, seeing public force as an ally of individual safety rather than its enemy…"
Thus for Sunstein, a clear supporter of the FDR position, he echoes the position of FDR
which is the central Government in Washington is better than a group of locals in your
own community, you can trust Washington, you cannot trust your neighbor! The logic is
amazing. Sunstein then recounts the Hamilton versus Jefferson battle, and in some
179 Sunstein, Bill of Rights, p 63.
180 Sunstein, Constitution, p 68.
Page 180