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

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The Telmarc Group 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
The Telmarc Group PROGRESSIVISM, INDIVIDUALISM, AND THE PUBLIC INTELLECTUAL strange way it is FDR who comes down with Hamilton, the strong Federalist, yet they have become supporters of Jefferson the interpreter of a flexible and ever changing Constitution. Ut appears as if consistency is not one of their fine points. Sunstein then states 181 : "I have emphasized that the New Deal was highly experimental and pragmatic, not organized by a clear theory of any kind." Indeed the New Deal was pragmatic to the extent of irrational flailing. They tried anything but they had a plan. Henry Wallace the Secretary of Agriculture, who prior to coming to Washington did nothing but run the family started farm magazine, near bankruptcy, was the extreme progressive that FDR put to take over production across many segments of the country. In fact it was Wallace who became VP during the War until it became obvious that his ways were so extreme that he was bounced for Truman. Thus there was a theory, the well worked out theory of the progressives, having Washington in control, having people look to Washington for everything, tell the people that what they are getting is their right, and then take from the means of production what was needed o pay out and redistribute the wealth. This is the world that Sunstein wants to reinvigorate, to bring to fruition. It is a world that will be the final death call for any for of individualism. In this world one cannot be an individual, one must be part of the whole. Sunstein goes on to show in Chapter 9 how the Supreme Court during the Warren years actually empowered many of the rights that FDR sought to include in the Constitution. The selections which Sunstein recounts are the embodiment into Supreme Court decisions of many of the elements of these rights. Those from civil rights, housing, education, and the like. The Court managed via the penumbra of the Constitution in a Wilsonian manner to include many progressive "rights" into law by interpretation of existing law. In a sense that is the way the legal process function. However it is acceptable for Sunstein if it works that when he gets what he believe is de but he objects when it works the other say on the right to bear arms. Thus for Sunstein the new rights presented by FDR should and must be included, despite whatever cost must be paid, and the way that it is accomplished is via an activist court and judges who interpret the Constitution in such a Wilsonian manner to achieve that change. In many ways this suggested approach of Sunstein is the antithesis of the Burkean approach we first started with. 6.6 AMY GUTMANN 181 Sunstein, Constitution, p 77. Page 181
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