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The Declastution, Reconsidered

27 Saturday Feb 2021

Posted by danielwalldammit in History, Philosophy, Politics, Religion

≈ 8 Comments

Tags

Conservatism, Constitution, Cultural Conservatives, God, Rights, Social Contract, The Declaration of Independence, Thomas Jefferson, U.S. Constitution

Have you ever had anyone cite the following words from the “Constitution?”

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…

Did this strike you as odd?

It should have, because that paragraph is not in the Constitution. It’s in the Declaration of Independence.

To be fair, I have seen people on both the left and the right make this mistake.

Some in the middle too!

Also, to be fair, the left, the middle, and the right are not equally invested in the mistake.

***

When the left confuses this passage from the Declaration with the U.S. Constitution, they are generally aiming at a point not altogether different from that of the preamble to the U.S. Constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.

Lefties confusing the passage from the Declaration with the U.S. Constitution are trying to establish the importance of rights in the formation of government. Whether these rights are best thought of as ‘individual rights,’ ‘human rights,’ ‘civil rights,’ or even ‘natural rights’ is a rather more complicated question. The left and the right differ on that one, but most will find rights of some kind to be at issue in the nature of American government. Suffice to say the Declaration is content to describe them as ‘inalienable,’ which was enough to put them on the table in 1776. I have yet to see anyone on the left misquote this passage for any reason other than to establish the importance of our rights to the formation of the U.S. Government.

Perhaps, people can be excused for confusing the two passages, at least insofar as they both evoke the importance of government in facilitating the happiness of human beings (ignoring for the moment the gender politics of the passages in question). If there is any difference between the two passages, it lies in the agency involved. The Declaration is a little bit ambiguous as to who creates the governments ‘among men,’ but it does mention a ‘Creator’ as the source of inalienable rights. God is not mentioned in the preamble to the U.S. Constitution; it lays the responsibility for creation of the new government squarely at the feet of the people.

…which is where we get the biggest difference between the left and the right on the misreading of the passage from the Declaration.

***

When the right mistakes the Declaration for the Constitution, they are generally trying to tell us that the passage in question establishes the importance of God in our Constitution. Cultural conservatives will often tell us that God is mentioned in the actual Constitution. The only actual reference to God in the Constitution would be found in the date of its signatures wherein the document says;

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Name

That reference isn’t much to hang your hat on.

Those simply telling us that God is mentioned in the Constitution are most likely thinking about that passage from the Declaration of Independence, which they have confused with the Constitution itself. In their imagination, and that of other confused Americans, the second paragraph of the Declaration is also the Constitution. The two documents are one in the same.

We might even call that document the ‘Declastution!’

When cultural conservatives confuse this passage with the Constitution, they are working a very particular angle. Their point is not the existence of rights (individual, civil, natural, or human); it is the existence of God. What they are trying to show us is that belief in God (or more specifically; belief in Jesus) is essential to the founder’s vision of American government. They wish to instill in American government (and by extension American law) an explicit homage to God in some official or quasi-official form. They like having Him on our money and in our pledge, and they like prayer in public schools and in public meetings, and many will happily seek additional entanglements between religion and government when and where they can get it. To them, the establishment clause of the Constitution is a narrow principle that prevents little more than explicitly sectarian policies (if it prevents even that). A general acknowledgement of God [or the Judeo Christian God (or, frankly; …Jesus)] in the official policies of the U.S. government is to them quite consistent with the Constitution, even required by it.

How do they know it is required?

Because that is how Jefferson wrote it.

Simply put, because the Declastution derives our rights from God, so conservative thinking goes, everything else that follows must hinge on the existence of God. Take away God and we have no rights and hence no government, and no ice-cream for desert, dammit, just go to bed!

(Sorry. I get carried away sometimes.)

Simply put; when the right confuses these two documents, they do so with a purpose.

Now the argument in question doesn’t always begin with a confusion of documents. Another common approach is to tell us that the Declaration is actually the ‘foundation’ of our government, and that everything about the U.S., including the Constitution itself is built upon that foundation. Over-used architectural metaphors aside, the point is to read the Constitution in light of the Declaration. We take the principles from the Declaration, as these guys understand them, and we apply them to the Constitution, so if God is mentioned the in Declaration, then he is implied in the Constitution, right?

Right?

Even if the Constitution itself says very clearly that the authority upon which our government rests derives from the people!

Anyway, that seems to be the point.

***

There are a couple problems with this, of course, and probably a couple more. These include the following:

1: Jefferson is the main author of the Declaration, and his own views on God are far from straight forward. He is often described as a Deist, though this might be a bit strong; he certainly was not an orthodox Christian. It is my understanding that he stopped short of denying the possibility of miracles outright (though he was sufficiently uncomfortable with the idea of miracles to remove them from his own account of the life of Jesus). So, what does the term ‘Creator’ mean in this passage? What could it have meant to Jefferson when he wrote it? There is little reason to believe Jefferson was talking about Jesus. Had he been referring to Jesus, there is still less reason to believe he would have had anything in mind like the present-day Christian understanding of their Lord and Savior.

2) More to the point, this is a political document, not a theological tract. Hell, it’s a propaganda piece! In writing it, Jefferson is committing an act of treason and trying to get enough support to survive the consequences of his own actions. He wants and needs to reach every colonist he can get to support the cause of separation from England. “Creator” is a nice way to reach Christians, Jews, Unitarians, and even the most strident of Deists without inviting any real cause for disagreement between them. I reckon, a few other beliefs could be read into that reference too, but I suspect Jefferson was more interested in reaching people in that range. Simply put, Jefferson wasn’t trying to separate the believers from the unbelievers with that reference, not by a long shot. What today’s Christians are doing when they read this document as an explicitly Christian (or Judeo-Christian) tract is to turn a document aimed at appealing to a broad range of religious views into an instrument for narrowing the range of views relevant to contemporary American politics.

Their fight was not Jefferson’s.

Far from it!

3) Finally, did I mention that this was a political document?

Cause its a political document.

Really, it is a political document!

The point of the passage in question is not to prove that God exists or even that belief in God, or subservience to God (or a Creator of any kind) is essential for public life. No, the point of the passage in question to establish the existence of rights, and from there to explain the existence of government as an expression of those rights and an instrument for satisfying them. This of course stands in stark contrast to the “divine right of kings,” which was still very influential in the merry Motherland. Jefferson’s point is not that God exists; it is that rights exist. God (or more importantly, a ‘Creator’) in this passage is merely a premise used to arrive at his political conclusions. Really, it isn’t all that clear that this Creator is all that essential to the premise anyway. Hobbes does a pretty good job of making a similar argument without giving a central role to such an entity. Jefferson’s begins with the assumption that people have rights. That they get them from a Creator is not entirely critical to the argument at hand; the point is that they have rights, and that these rights are the foundation of government.

…a theory of government in direct contrast to the notion that God himself had put the King of England in charge of the British people. The Divine Right of Kings, as James had espoused it, placed the authority for government authority on God, just as modern Christians would have it, whereas both the Declaration and the Constitution set the people up as the source of authority for government power. If God plays any role in this under the narrative contained in the Declaration, it is largely theoretical. Even that is missing from the Constitution.

Irony of ironies then that conservative Christians wish to read the Declaration as an effort to place God at the center of American government.

Not just ironic.

Perversely so!

***

It is no accident that cultural conservatives would wish to base their case for theocracy on the Declaration rather than the Constitution. The Declaration gives them foot in the door, at least if you don’t read it all that carefully. The Constitution doesn’t even give them that much.

The Declastution was born out of the need to ignore the difference.

***

I suppose the Declastution will live on in American politics for some time to come. People will continue to cite the Declaration while calling it the Constitution, and red the Declaration which they read as though it were a Baptist prayer book, but none of this has much to do with the meaning of the documents in question. It’s a kind of shell game the right wing likes to play with themselves, and with the rest of us.

They aren’t playing this shell game because they are interested in what either document has to say.

Far from it!

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Special Spooky Halloween Post: When a Hungry Historical Context Gobbles Up Your Text

31 Wednesday Oct 2018

Posted by danielwalldammit in History, Justice, Politics

≈ 5 Comments

Tags

Birthright Citizenship, Citizenship, Donald Trump, Immigration, Neo-Confederates, Politics, Reconstruction, The Fourteenth Amendment, U.S. Constitution

45282907_10217765362510862_2935286808793055232_oOkay, so by now everyone knows, right? Donald Trump has recently said he wants to change the Fourteenth Amendment so as to eliminate birthright citizenship, and he wants to do it without another amendment. The problem according to the idiot in the White House is that some scholars (he assures us) say the prevailing interpretation of the Fourteenth Amendment is just wrong. Changing it, according to this view, is not a case of rewriting the rules so much as it is a case of just changing the way we interpret them. Therefore, the Cheeto and its enablers think he can do this with just an executive order. Nevermind that Obama’s use of executive orders was proof positive that he himself was a demon from a special Muslim Hell sent to personally devour the Constitution right along with all the babies and pizzas ever served in Tea Party Hell, Donald Trump is thinking he’s just gonna do it.

And the deplorables sing, doot, doot doot, da doot, doot doot doot…

***

Some folks tell me that this is a distraction from bomb scares and right wing shooters, or maybe some other legal decision that Donald is going to quietly sign into being while we stand aghast at the orange Hell that has become of our sweet country, but then again, maybe some of those are distractions from this, or maybe someone is distracting us from a election. I dunno. I give up on trying to sort out what’s supposed to be a distraction from what. The problem with all the distraction talk is it assumes that Donald and the deplorables are focused enough to have clear priorities in the first place. That notion is about as plausible as a degree from Trump University.

***

But all of this does raise an interesting question; what is the case for saying the 14th Amendment doesn’t actually make the children of foreign nationals into U.S. citizens if they born on U.S. soil?

Let’s start with the text itself. Section 1 of the Fourteenth Amendment reads as follows:

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.

The first line contains the case for birthright citizenship, and that case is commonly accepted by most people with any professional responsibility to handle such matters or argue them in a courtroom.

So, why would anyone think they are wrong?

***

The quick and dirty version of this argument is to simply say that this doesn’t apply to foreigners, because they are loyal to another country and another set of laws, so they aren’t subject to the jurisdiction of the U.S.

The quick and dirty version of this argument is also very stupid, but yes, I have met people who make precisely that argument, as stated above, and without adding anything else to the argument.

Anyway, the quick and dirty response to the quick and dirty version of this argument is to point out that foreign nationals, undocumented immigrants, modern secessionists, and full-on fugitives from the law are all subject to U.S. law whether they like it or not. If that’s just a matter of opinion, it’s an opinion likely shared by those with the power to make it so.

***

The quick and dirtier argument is that the 14th Amendment was written to protect the freedman from Jim Crow laws passed in the wake of the civil war. — You know what, let’s all just take a moment here to appreciate the fact that those now reminding us of this fact as a means of denying citizenship to Latinos contain a lot of the same neo-Confederates whose sympathies clearly aren’t with those recently freed slaves anyway, …or their descendants. The 14th Amendment has always been a great big thorn in the side of the bigots who want to resurrect the old South. There is a clear pattern here, and it sure as Hell isn’t defined by careful attention to historical facts and details of Constitutional law. — Anyway, the point in this quick and dirtier version of the argument against birthright citizenship is that the law was always mean to protect a specific class of people, newly freed slaves, and that our nation’s present habit of applying it to just about anyone born in our country extends the application of that law beyond its original purpose.

And here, history gobbles up law. Context eats text, and the whole nation let’s out a big fat bigoted burp in celebration.

…if Donnie and the deplorables get their way anyway.

The problem here is that the context doesn’t in itself elucidate the text, it just gobbles it up. (Yep, I’m sticking with that imagery.) If you go back up and read the text above, it simply doesn’t say; “Hey southerners, black people are citizens, so stop treating them like shit!” No, it doesn’t. Instead, it presents us with a perfectly general principle, and that principle is not limited in scope to the specific historical context in which it was written. Those who wrote it could well have defined its scope more narrowly if they wanted to. They didn’t.

Far from helping us to understand the meaning of the text, this pseudo-historicism invites us to ignore the text on account of an historical factoid.

Neo-confederates iz the cwaziest peopowz!

So, the quick and dirtier argument is also stupid, but I really must insist, I have met people who have made precisely this argument, without adding anything else to it. It’s unimpressive. It really isn’t all that clear that Donald Trump or the vast majority of his supporters have anything more going for them than this simple sleight-of-hand gimmick, not withstanding that we can all see them palming the cards even as they congratulate themselves on a winning hand.

***

But is there more to it?

Yeah, well, kinda. If you aren’t too particular, there is an argument to be made that goes a little beyond this kind of idiocy. It takes us back to the clause “and subject to the jurisdiction thereof.” Some folks would have us believe that there is specific reason to think this clause was not intended by those who wrote it, debated it, and voted on it to apply to foreign nationals. If that’s the case, they maintain, the children of those nationals would not be made citizens by simple birth here in the U.S.

What is that reason?

Well it isn’t a question of legal versus illegal immigration, because America wasn’t really trying to control immigration at that point in our history. So, don’t let any deplorables take you down that dumb-ass dead-end either.

No, the argument rests on the possibility that the framers, so to speak, of the Fourteenth Amendment specifically said that its protections did not apply to non-nationals. If we can find people involved in writing the law who said it shouldn’t apply to foreign nationals, so the argument goes, then we should assume that the phrase invoking jurisdiction was always meant to exclude them. The Supreme Court has already ruled that children of legal immigrants are entitled to birthright citizenship under the 14th Amendment, and no doubt the anti-birthers consider that a mistake, but more importantly, they will insist the court has never applied this standard to the children of illegal immigrants.

…which once again, is a distinction that wasn’t made when the 14th Amendment was drafted and ratified.

That really should be QED right there, but these are strange days indeed, so I guess we’ll have to go a couple extra rounds on the topic.

***

One of the most idiotic versions of this argument comes from a misquoting of the principle author of the 14th Amendment Senator Jacob Howard who stated:

…[E]very person born within the limits of the United State, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person

Those using this passage to argue against birthright citizenship typically make one minor alteration the text. They add an ‘or’ before the clause saying “who belong to the families of ambassadors…” This transforms the original text, taking what is in effect an elaboration on a single concept and makes it something of a list. The ambassadors become one more class of people in addition to aliens, whereas the original text is simply spelling out the same concept with a variety of different phrases. Michael Anton, a former aid in the Trump administration pulled this stunt. He still insists that the ‘or’ just spells out the actual intent better for the audience. He is lying of course.

Yes, lying.

***

The argument isn’t always made on such disingenuous grounds. Not surprisingly, the Congressional debates over the 14th Amendment contain an extensive discussion of the range of people covered under the provision. There were many questions about how this might or might not apply to Indians, and in particular to Indians who retained connections to their own tribal communities. There were questions about how it might apply to Chinese immigrants and gypsies, etc.

Far from a clear concept, citizenship itself emerges as a tangled mess of a idea in these discussions. One gets a general sense that while many of the participants assumed that anyone in the United States was entitled to the legal protections in the Bill of Rights (which puts them at odds with much of the right wing today), they also recognized that the right to vote among other things was in fact limited to people who were not loyal to a foreign nation. They also distinguished the basic rights that might go with simply living in America from the right to hold property and/or the obligation to serve in the military if drafted, and all of this was discussed under the banner of ‘citizenship’. One gets the impression that those debating the 14th Amendment weren’t all that certain as to just what citizenship entailed. A few had definite opinions to be sure, but as a group, they are not all on the same page.

***

The whole issue is further complicated by the precedent set by the Civil Rights Act of 1866 which contains explicit language excluding those loyal to a different nation, and an assumption by some participants that the 14th Amendment really does the same thing. In effect, people looking at two different documents containing very different language seemed to treat them as though they meant the same thing.

…which is a problem.

Here is the relevant text from the Civil Rights Act with the relevant section in bold:

To protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

You can see that this doesn’t match the text of the 14th Amendment. Simply put; those who now assume that the 14th Amendment was always intended to exclude children of foreign nationals born in the United States would be right if they were talking about the Civil Rights Act. When talking about the 14th Amendment, however, they are talking about a very different text, and the relevant clause is simply lacking. Instead, such people must look for commentary from supporters in the Congressional record or some source of comparable value.

***

When they aren’t deliberately misrepresenting Jacob Howard, opponents of birthright citizenship usually reference Sen. Lyman Trumbull of Illinois, who maintains in the Congressional Record that the passage only applies to ‘complete’ citizens of the U.S. and goes on to argue that Navajos, for example are not complete citizens because, being still separate in some sense from the rest of the  U.S., they do not vote and maintain their own separate jurisdiction.

(Don’t get your hopes up, racists! This fact has changed.)

Of course one problem with the Navajo example is that it applies to people who actively maintain a separate jurisdiction within the U.S., thus being yet another instance of the degree to which the legal framework for Indian tribes emerges haphazardly within the case history of the Supreme Court. The role that Indian tribal governments play in the legal framework of the United States has never been clear, and that has always complicated the rights of the nation’s indigenous peoples. So, the example is troublesome, to say the least.That said, the example is hardly beside the point. A good portion of the discussion about exemptions to the jurisdiction of the U.S. is driven by the very explicit question of whether or not it would make the entire native population into citizens. Those using comments about that debate are in fact exploiting the vagaries of of Federal Indian law to generalize an exemption from citizenship for non-nationals.

Yes, that’s right. People who want to keep Latinos from becoming American citizens are trying to remind us that the 14th Amendment was only supposed to protect blacks (another group these bigots are not too fond of), and they are resting their argument on efforts to keep Native Americans from voting.

Irony abounds. At last it would, if it weren’t dead already.

***

How Trumbuell’s point relates to the children of foreign nationals is another question. But if we take Trumbull’s claims in terms of the most general implications possible, the notion here is that full citizenship includes those who can vote and who re subject to the draft, etc., not those who, while entitled to protections of citizens, remain separate from the general population. Again, he is talking about the members Indian tribes, and again, this sense of the issue would match the text of the Civil Right Act; it does not match the text of the 14th Amendment.

The distinction between full citizenship and something slightly less did not escape these people; it is all over their discussion, and yet they did not write it into the text of the 14th Amendment. So, what do Trumbull’s comments amount to? Likely as not, a degree of confusion on his part, but those who use him to suggest a new reading of the 14th Amendment do more to show us that people don’t always understand the rules they advocate than they do to show us that the rule in question was clearly meant to exclude the children of foreign nationals.

***

This is one of the big problems with Constitutional originalism; its advocates continually present us with a case for following the rules as America’s founders (or at least those framing particular laws and constitutional provisions) would have understood them, but the understanding of such people is often as shifty as that of anyone we know today. This is one of the reasons we write things down folks; to fix what we mean in a static form, so that you can’t just keep changing your mind. Constitutional originalism effectively enables modern legal scholars to take that fixity out of the equation and cherry pick the past for the most convenient quotes possible. In this case it substitutes a general sense of how some proponents of the 14th Amendment might have understood it at the time (at least when debating the rights of Indian peoples), for the language of the text itself. When the language contradicts its interpretation by their preferred historical sources, they urge us to go with the sources instead of the text.

In effect, those reading birthright citizenship out of the 14th Amendment seek to see the text of the amendment itself swallowed up in a historical narrative. That this narrative itself is quite debatable is an objection in itself, but as a contextualization strategy for reading the 14th Amendment, it is utter bullshit.

This is a version of context suitable for Halloween, because this kind of context swallows up the very text it is intended to shed light on. No, these people aren’t upholding great constitutional principles, no matter how much they would wish we believed that; they are simply weaponizing obscure historical details, and they are doing so for the clear purpose of hurting some of the most powerless people on U.S. soil, the children of undocumented immigrants.

Of course the central irony here is that those pushing a reading of the 14th Amendment that excludes birthright citizenship are not acting in the spirit of the provision in any sense. Whatever else may be said of the 14th Amendment, it was certainly meant to protect people badly in need of help from the violence of racists intent on oppressing them. Historical obfuscation aside, those pushing this narrative today are seeking to empower racists Hell-bent on scapegoating immigrants from Latin America for our nations many problems. As much as these people may tell stories of standing up to great bastions of power and fighting a liberal establishment, these people really are punching down. They are punching down with a vengeance, and summoning a vision of historical context well suited to that purpose. Their argument fails as a point of principle. As a political agenda, it’s monstrous.

…and as far as Halloween monsters go, this one is pretty lame.

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Creeditize it! …or Don’t.

21 Saturday May 2016

Posted by danielwalldammit in atheism, Native American Themes, Politics, Religion

≈ 4 Comments

Tags

College, Creed, Dogma, Education, GOP, Islam, Moderation, religious freedom, U.S. Constitution

US-ConstitutionLast week a man named Trebor Gordon, Pastor for the Harris County GOP, tried to block a Muslim, Syed Ali, from serving as a precinct chair for the Republican Party in Harris County, Texas.  As reported in Gawker, Gordon objected on the  grounds that Islam is not consistent with the principles of Republican Party politics.

A video of Gordon’s efforts can also be found on Youtube. Gordon’s argument, as quoted in Gawker is as follows:

If you believe that a person can practice Islam and agree to the foundational principles of the Republican Party, it’s not right. It’s not true. It can’t happen. There are things on our platform that he and his beliefs are total opposite.

“There are things on our platform,” Gordon went on to say, that he (Syed Ali) is, he and his beliefs are in total opposite.”

You may suspect this is the beginning of a GOP-bashing rant. Well, not today. I actually found the response to Gordon’s efforts rather encouraging (especially that of Dave Smith). Granted, I would love to live in a world where people just don’t act like he does, but in the real world, I take it as a good sign that the Gordon was voted down, by other members of the local GOP mind you. It’s a welcome reminder that there are sane and responsible people in the GOP. On this count, at least, I think they done right.

What fascinates me about this incident is something about the particular argument Gordon used. Well, actually two things. First, I’m always fascinated by the use of architectural metaphors in ideological matters, particularly in the rhetoric of conservative Christians. They will often tell us that atheists lack a moral foundation for our behavior. They will also speak quite often of Christianity (or belief in God in general) as providing the foundations (or alternatively, the ‘foundational principles’) of our country. There are of course endless permutations to this theme, and they are all highly problematic.

On one level I get it. These metaphors do communicate a sense that the ‘foundational’ beliefs or values in question are in some sense more important than others, or that the other beliefs and practices are in some sense dependent on the foundational ones. If you like the First Amendment, this argument seems to suggest, that part of our government comes (in some way) from Christianity. I get that much at least, so the trope isn’t entirely opaque, but I do think it’s rather telling that so much of this rhetoric takes place within the scope of this particular metaphor. I also think it’s quite telling that people making such arguments are often ill-prepared to flesh out the metaphor in literal terms. The same person who is quite sure that Christian values and beliefs are the foundation of our republic is often at great pains to explain what those values are and just how they actually generate the rest of the features of the republic at large. Take a way the architectural metaphor, and an awful lot of these folks struggle mightily to flesh out the details of their argument.

…or even to deal with them in any way whatsoever!

Now Gordon isn’t talking about America as a whole in that speech. The foundation he references in that speech is something belonging to the Republican party. Still, I do think it worthwhile to note that he has fallen into the pattern of a much broader fashion of speaking about religious and political ideas. To say that he leans a bit heavily on the architectural metaphor is putting it mildly. It is Smith that references the relevant features of the U.S. Constitution (namely the proscription against religious tests). Gordon has only his talk of foundations. THAT is exactly what I am talking about. The rhetoric of foundations consistently helped people to side-steps relevant details rather than to illuminate them.

…which brings me to a second and (to me) much more important aspect of Gordon’s approach to the issue. He has effectively taken the GOP platform to function as a creed of sorts. It isn’t enough to actively support that platform, according to Gordon. One must not, so it seems, hold views in opposition (or even potentially in opposition) to that platform. All of which is a very interesting way to speak of a party platform.

By ‘interesting’, I might mean ‘ridiculous’.

A party platform is itself the outcome of a political process. It has winners and losers even within the party, and many of those who lose out on battles over the construction of that platform can be expected to go on and support the party anyway. That’s how the process works.One doesn’t normally turn around and use that platform as a plank-by-plank litmus test of acceptable beliefs for party members, even party leadership. Creeds are used in precisely that manner to define membership in a religious community. Party platforms are not.

A party platform may represent the goals of a party in its relation to the outside world, but one wouldn’t normally assume that it represents the precise views of each member. To be fair, Gordon isn’t simply suggesting that a Muslim will be in disagreement with one or two items on that menu. He seems to be suggesting that a Muslim must be in disagreement on some very important points. What are those points? Well that takes us back to the whole ‘foundation’ metaphor.

An additional problem here would lie in the abstract nature of the argument. Gordon isn’t asking whether or not this particular Muslim, Syed Ali, is opposed to the key tenets of the party platform. He is arguing that a Muslim must do so. It’s in their nature, so it seems, or perhaps it’s in the nature of their professed beliefs.

It’s a kind of theology by proxy, an all-too-common one at that. Folks often assume they can draw inferences for believers (or even non-believers) on the basis of an assumed premise or two. This type of argument parallels the reductio ad absurdum, but it fails insofar as it ignores the embedded nature of the beliefs in question. A reducto ad absurdum can show us the inconsistency of combining different beliefs, but it can’t tell us much about how any particular individual relates to the people and institutions around him. Gordon isn’t arguing against Islam in general. He is arguing against a specific Muslim, and that makes the specific views and behavior of that specific Muslim directly relevant to the issue at hand. But Gordon doesn’t addres what Ali actually thinks. It is enough to know that he is Muslim. To call this approach dehumanizing is putting it mildly.

***

…which illustrates another point. People tend to turn mission statements, party platforms, etc. into creeds precisely when they don’t like the people they assume to be unable to vouch for the creed in question. I used to see this when I was a participant at Christian Forums where the members were at times expected to vouch for the Nicene creed and/or the Apostles Creed if they were to be considered Christian. Among other things, being recognized as Christian provided access to large parts of the forum denied to non-believers (who were largely confined to ‘open debate’ sections of the forum). I never had much problem with this as I just say ‘no’ to gods, but I lost track of the number of liberal Christian friends who had to explain countless times how their actions or beliefs could be squared with the creed(s). That conservative Christians did accept the creed, even though their own actions and statements could as easily be taken to suggest otherwise seemed to go without question. In the case of Christian Forums, where a creed was an explicit part of the forum policy, that policy provided endless grounds for personal back-biting and mean-spirited bickering, almost always at the expense of those more socially vulnerable than theologically off-base. Seeing the number of people hurt by that process did a lot to confirm my suspicions about how ugly religion could get. It also helped me to see that the problem had less to do with what people believe than how questions about beliefs are handled with in a larger community.

***

I wish I could say that secular folk are immune to this kind of behavior, but I can’t. I once joined a secular forum in which I had to press a button vouching for the fact that I didn’t believe in a god. After some hesitation, I pressed the button. After all, I don’t believe in a god, but I always regarded the policy as remarkably petty and quite dogmatic in nature. It was an ironic dogma to be sure, but I reckon when you start deciding who is and who is out of the club on the basis of what they do or don’t believe, you are well into dogmatic territory whatever the content of the beliefs in question. I had similar views when the old Internet Infidels website decided to allow believers to act as moderators. (I was a low-level moderator on that website at the time.) Many objected to the move on the grounds that a believer couldn’t possibly agree with everything in the mission statement for the site. I found myself thinking, “neither do I.” Simply speaking, there were a couple items on the mission statement that I didn’t agree with. I joined because of teh ones I did agree with, and (more importantly) because I wanted to help facilitate the discussions then taking place on that forum. No-one had asked me if I agreed with each item on that mission statement, and no-one had done this for the rest of the staff either. So, the argument that a believer couldn’t serve as a moderator for the site always struck me as an odd misunderstanding of the nature of both forum moderation and mission statements. It also struck me as an ugly double standard.  Making these arguments in public debates on the matter didn’t exactly make me popular, but I always found it odd that so many critical thinkers were apparently quite comfortable with the assumption that everyone on staff had to agree with every point in the mission statement.

Textbook dogma!

***

In life offline, one of my more frustrating experiences with policy-driven dogma came while I worked at Diné College (a tribal college) on the Navajo Nation. Faculty were expected to adopt an educational model known as Diné Educational Philosophy (DEP). It was a fairly elaborate theory, requiring us to divide our lessons up into four steps (generally portrayed as four individual quadrants of a circle), each of which was thereby linked to some aspect of Navajo cosmology. It was easy enough to do this, of course, and some of the Navajo faculty could do this brilliantly (and authentically). The rest of us, were doing it by the numbers of course, and the students knew it. I still recall the day one of my more traditional students shrunk in his seat as I drew a circle on the board and raised the topic. “Please don’t!” was all he said. He was absolutely right to do so. The man had been enthusiastic just moments before, but moments before I had been talking American history. Now I was speaking about Navajo philosophy and that was a subject he didn’t need to hear about from a white guy. It might have been my job to address the issue, but that didn’t make the moment any less ridiculous.

One of the more frustrating things about DEP was that its proponents often described western educational theory as top down and western religion as dogmatic. It seemed to be a forgone conclusion that Navajo thinking wasn’t any of these things. There was certainly some justice to this. After all, it was the white people that brought missionaries to the reservation and at one time instituted educational policies amounting to little more than government enforced kidnapping. There were so many respects in which I could see Navajo approaches to education were more flexible and less dogmatic than mainstream approaches; they just weren’t respects that had much to do with the official policies of the college. An educational policy incorporating explicit ceremonial themes mandated by administration, taught to faculty (who were mostly outsiders) and then imposed on students in the classroom was by definition a top down approach, and when that policy (along with its ceremonial themes) becomes obligatory, it is a dogma. If I was ever prone to think otherwise, I lost any grounds for doubt one day in a meeting as two of the Navajo faculty argued over the specific implications of a corn stock metaphor in DEP. One of them, I thought quite sensibly suggested that there was room for different approaches to the subject. The other insisted that we all must be on the same page when it came to that theory. The rest of us, being white, had little to do but wait to see how the indigenous faculty sorted the matter out.

I don’t mean to suggest that all the classes at Diné College were taught according to a set dogma. I do mean to suggest that this was official policy, yes, but that’s one of the beauties of actual human behavior. Sometimes the practice is way better than the theory behind it. People pursued a wide variety of approaches in the classroom, and (at least when I was there) many of those approaches simply didn’t match the vision enshrined in that narrow policy. My own approach was a bit more Socratic. I adapted my lessons to the classroom by asking my students how things worked in their world; they told me, and I worked their answers into the lessons. My students’ mileage will vary, of course, but I at least found that process to be interesting and rewarding. The official policy of the college didn’t help much.

***

So anyway, my point is that people often turn a range of bureaucratic communications into an obligatory set of doctrines. Mission statements, party platforms, educational procedures aren’t necessarily things that should call for total agreement from those working with them. They outline goals.  People in an organization can generally be expected to work toward the goals in such documents, but the notion that someone must agree with every point in such a document is an odd (if rather frequent) inference. Those taking such an approach often do a great deal of harm in so doing, and I generally make it a point to oppose them whenever and wherever possible.

***

Bringing the issue back to the relationship between Islam and American politics, I think Gordon’s approach touches on a particularly disturbing example of this sort of behavior. It has become relatively common to hear that Islam is not consistent with the U.S. Constitution. Ben Carson seems to have used this as an argument against allowing a Muslim to become president. Others have used this as an argument against allowing Muslim refugees into the country (or into western nations in general) and/or against the notion that Muslims are protected under the free exercise clause of the First Amendment. The thinking here seems to be that aspects of Islamic doctrine are inconsistent with basic principles of American government (including perhaps the establishment clause). Those pushing this argument will often produce texts from the Quran or related documents suggesting obligations contrary to American law and/or the Constitution itself. But of course that misses the point. The Constitution protects the right to believe any number of things, including those contrary to the constitution itself. It even protects a range of practices, at least those consistent with the constitution itself and the social arrangements made under its authority. That there are limits to these protections is clear enough, but those limits simply do NOT become an excuse to deny people protections altogether.

And of course once again, this approach amounts to a kind of fundamentalism by proxy. I have no count that there are Muslims who want to do things contrary to the law and the constitution. I also have no doubt there are Muslims who respect the law at least as much as the rest of us. How do you tell the difference? I reckon the answer to that question depend on what they say and do, not what a critic can spin off a cherry-picked line or two from the Quran for purpose of fielding an argument. In any event, the possibility that someone may believe (or want) something contrary to the Constitution simply isn’t an excuse for excluding them once and for all from the entire body of constitutional protections.

(Were it otherwise, Gordon might be in trouble!)

The notion that people must demonstrate consistency between their beliefs and the provisions of the U.S. Constitution is (once again) how people treat a creed, not a plan of government. The Constitution too, it would seem, is among the many things people tend to treat as a Creed even though they shouldn’t.

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