About Me

My photo
This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, July 04, 2012

Happy DOI Day!

The croakers all say we'll rue the day
There'll be hell to pay in fiery purgatory
Through all the gloom, through all the gloom
I see the rays of ravishing light and glory!

Is anybody there? Does anybody care?
Does anybody see what I see?

I see fireworks! I see the pagaent and
Pomp and parade
I hear the bells ringing out
I hear the cannons roar
I see Americans - all Americans
Free forever more
Sit down, John! Moving on from 1776, it is appropriate to think about the Declaration of Independence, since independence itself was declared on July 2, 1776.  We in effect honor the spirit behind it, or at least, the creation myth behind it, July 4th being the day the Declaration of Independence was signed.  I end with a repeat from a few years ago, but will add that the PPACA (as SG Verilli noted at the end of his oral argument) can promote the liberty and equality it promotes.  See also, the last portions of this useful review by Prof. Amar. 
When we are true to ourselves, to our own beginnings and to the best of our history, we do not assert our entitlement to something called 'world leadership' on the ground of our now being 'the only superpower' -- that is, after all, just the bully's reason for claiming dominance -- but to our commitment to human rights.

- Charles L. Black, A New Birth Of Freedom: Human Rights, Named & Unnamed
Since the Fourth of July honors the signing of a declaration defending independence as necessary to better protect such rights -- independence itself voted upon two days before -- that quote is fitting. But, the fact that we needed help, particularly from France, so is this:
We hold these truths to be self-evident:

That all people are created equal and interdependent; that all life on this planet exists interdependently; that the future of all people requires that they live with respect for one another and for this earth.

That all people are endowed by their very humanity with certain universal, inalienable, and indivisible rights; that among these rights are the rights to life, liberty, clean air, clean water, food, shelter, consensual intimacy, education, health care, political participation, cultural expression, peace, justice and the pursuit of happiness.

- DECLARATION OF INTERDEPENDENCE

The Fourth of July is the time when many are filled with patriotic fervor, fervor that glorifies in our Independence and greatness. The Declaration of Independence, however, honors our interdependence as well. Its very first paragraph speaks of "a decent respect to the opinions of mankind." Such respect obligated us to explain why we were declaring our right to "assume among the Powers of the Earth, the separate and equal station" to which we are entitled. Do we really feel we are "equal" to the other powers of the earth? Do we have a decent respect of the opinion of mankind?

Next, the document speaks about how governments are formed to secure rights,* "deriving their just powers from the consent of the governed." When the government becomes "destructive of these ends," it is "the right of the people" to alter [including by election] or abolish it. "Their" safety and happiness is key, and it is "their" right, "their" duty to throw off government that fails them, even if prudence leads them to suffer until it is no longer sufferable. And, those involved are not singled out by race, blood, or religion ... "all" are included. The basic interdependent nature of this whole enterprise is crystal clear. The people must work together to insure that their interests, their rights are protected.

The document then lists various abuses,** targeting the king as many now target the President, though others such as the Parliament (Congress) have "too been deaf to the voice of justice." All the same, the document speaks in the plural, speaking of the American people as a whole. Their interdependence and basic interests as a whole are crystal clear. Not those of a select body of the people at large. Likewise, the ideal put forth is a peaceful and universal one: "we hold the rest of mankind, enemies in war, in peace, friends."

The document ends with a basic statement of honor: "And for the support of the declaration [and all it stands for] ... we mutually pledge to each other our lives, our Fortunes, and our sacred Honor." The interests of the community at large is our basic concern, but our honor must not be violated in the process. Power and self-interest alone are not to be our guide. The respect of our fellow citizens and the world at large is also a basic concern.

---

* The Declaration states that we have a right to life, liberty, and the pursuit of happiness. The pursuit of happiness is probably a term of philosophical art, involving what an ideal well-rounded person would seek. These rights are equally held. Lest we forget, the government has a responsibility to "secure" such rights, which surely includes a realistic ability to enjoy them. 

** The list is quite interesting and continues to have significance, including the importance of juries, civil over military power, abuses in war, setting up jurisdictions "foreign" to our laws, and so forth as the document quoted above suggests.