Must Women of Color Endure Destruction to Succeed?

In the philosophy of G.W.F. Hegel, society develops and history unfolds in a difficult and inconsistent manner. Specifically: an event occurs; the event encounters a negative reaction; and in the end progress results from the combination of the two. This is termed the Hegelian dialectic. We ask with respect to the world history of women of color whether and why their gradual social progress has endured such a step forward, step backward process to development?

Access to training and education in all occupations and professions is necessary to permit women of color to support themselves and their families. This training and education has become more available historically yet not without hardships such as inadequate preparation, inadequate funding and inadequate networking post-graduation. The negative reaction to the positive step of access to training and education is cyclical. Without adequate education, participation in society and government is not possible to an extent that equality may be pursued legally, socially and economically. Any subsequent advancement through legal reform is minor in comparison to that accorded the pyramidal strata above women of color who inhabit the bottom stratum, socioeconomically and emotionally.

In America, it has been legally affirmed that racially segregated institutions are improper. They instill a cultural distance, an inability to participate and a sense of inferiority. Yet, social segregation remains in schools, the workplace and social organizations. In religious organizations and social clubs, more appear segregated than not, ostensibly voluntarily. The stigma of racial segregation is upon women of color most of all.

Worldwide, overtime, reforms in laws, customs, and social institutions have occurred and as a result socioeconomic strata blend, academic achievement improves and women of color have achieved a greater sense of participation in society. However, with these positive developments, in the thought of Hegel, negative reactions occur before the positive are again experienced.

True reform should be unilateral with no reverses. Solutions abound as to how the Hegelian negative reaction may be avoided. For instance, America should look beyond the disparateness of its two political parties, a duopoly of two political parties which together dominate elected offices. It is the fact that women of color are elected to government offices more than in the past. And, this is a beginning.

However, in the social sphere segregation remains and the two major American political parties have not addressed this dilemma. For example, the topic of the American Black church is longstanding. Churches should become racially integrated. Integration in religion is a subject the two political parties should discuss as one of cultural and social importance. Party members should express their belief in the significance of integration in religious organizations by both welcoming those of another race into their church and by expressing interest in churches with congregations of another race. Members of integrated churches should be recruited to run for office.

Individually, worldwide, we should expand our own frontiers and explore religious organizations of races other than our own. Religious entities of one race my merge with one of another. In the words of Hegel: “Reason governs the world” through “religious truth” well- known to us. Religion through reason can guide us in social development without corresponding hardship.

Humanity relies upon religious entities and various additional nongovernmental organizations to remedy injustice and lead in suggesting reforms. Many religions guide society in improving its customs, laws and morality. On the subject of the lives of women of color, religion should provide support for social advances and improvements and assist to mitigate Hegelian reverses. For none of us should life be akin to the rise of Jim Crow in response to newfound freedom.

Lori Gayle Nuckolls

Does Catholicism Support Fascism in America?

As a representative democracy, the United States relies upon a sovereign citizenry of self-governing individuals who place government and country first and foremost. Before the world is debate on the subject of how society and government should be structured. Should religious thought be a source of law and government? Should education be free and fairly available? How should labor be organized and employed and what should be its source: a bountiful citizenry and a boundless immigration?

At this the time of the celebration of America’s Declaration of Independence, the Fourth of July, one looks to the origin of the government in the Protestant religion. Yet, from its beginning the nation prided itself upon the legal right of all to practice the religion of choice upon its soil. However, the question arises of whether America depends upon the tenets of the Protestant faith, one of which is the belief in self-governing congregations.

Catholicism in America is of a longstanding tradition. Its practitioners have faced discrimination and hardship. They defer to a worldwide authority. Does the Catholic faith contradict the democratic principles of a representative government, an individual’s right to self-govern and the existence of a unilaterally sovereign populace? Is it proper for working Americans to be anesthetized by a worldwide church that stands in contradiction to individual nations? Should all individuals live under a government similar to America’s, one that provides both democracy and a safe and sound work environment with an opportunity to practice a faith of choice?

Forcing a public to look to religion instead of to law for employment security is to deny law to all. In the guise of religion, some Americans defer to the Vatican as a means of surviving under the American government. For some, the American government becomes like a fascist society where the leader of their faith is their sole authority. They are then living under a combination of religious principles, American law enforcement and a central worldwide authority. This is the beginning of fascism in America.

In solving this dilemma, Americans might individually look to their government, from top to bottom and bottom to top. Ensure that America abides the rule of law and that laws are duly reformed and enforced. Fairness and justice in America permit a capitalist society of honest competition and safety and soundness. Free and adequate education from private and public funding of tuition rather than from student debt is possible. The United States was founded upon the principle and theory of a natural aristocracy. Let’s found one.

Lori Gayle Nuckolls

Science and the Right to Abortion

Judicial review in the United States serves a fundamental purpose in American government, it permits the courts to ensure that the acts of the other two branches of government, the legislative and executive, abide the Constitution. In doing so it enables the sovereign citizenry to create a legitimate representative government. As American society develops it changes its views of the nation and the world and, as a result, the laws by which it lives. Over time, the views of its judges as seen in their legal opinions also change.

One must remark that political opinions in the United States have been modified extensively to the extent that the public has completely changed its mind on many important life defining issues. As a result, certain laws and legal opinions contradict preexisting ones. For example, the legality of racial segregation became the right to racial, integration. The illegality of contraception became the right to birth control. The illegality of racial miscegenation became the right to interracial marriage. The illegality of abortion became a legal right to private abortion. The illegality of sodomy became the right to homosexual relationships. The illegality of homosexual marriage became the right to same-sex marriage.These changes in American law occur concurrently with noteworthy developments in social customs, science and technology that render the population able to envision present society in a new manner. Some regard these legal developments as not occurring with sufficiency to be adequate or just.

With respect to the legal recognition of a right to abortion by the judiciary in 1973, many social and scientific developments have taken place prompting judicial restrictions upon this right in 2022. In example, in vitro fertilization is a very common practice. As a result, issues before society are when a right to life begins and whether one’s power to create this life is accompanied by a power to destroy it. Contemporary opinions also include those arising from whether there is a governmental power of capital punishment or a private right to assisted suicide for the terminally ill.

American society must address the legal question of what constitutes life and what are its attributes. Could the concept of in vitro fertilization include a right to property? In discussing abortion, America must reconcile its power to begin and end life with newfound scientific developments.

Lori Gayle Nuckolls

Natural Aristocracy In A Time Of Digital Technology

Transitions in history often occur when scientific and technological development create social change. Our 21^st century of the postmodern era portends such social change. The digital technology before us and continually advancing, whether it be mobile phones, social media, websites, virtual reality, cryptocurrency, artificial intelligence, or the myriad not mentioned and not yet invented, are a social conundrum. In implementing this new technology, a safeguard is required to provide government by society’s intellectual elite.

The objective of every democratic republic is a society of individuals treated equally by governing law. Equality is not economic; it is in the right to participate equally and to be accorded due and just reward for one’s ability. In the wisdom of a British philosopher and politician of old, Edmund Burke, this was, and should ideally be, government by a natural aristocracy. It arises from the population of the republic, from the citizens academically cultivated who defer their social doctrines and privileges to those of their country.

The American democratic republic, as well as those around the globe, rely upon an effective self-governing citizenry. This citizenry arises from a society of individuals whose ability to self-govern is cultivated from their early years. Self-government and participation in society depend upon academic institutions and cultural attributes that are both inclusive of all and supported by a national government that is derived from the country’s natural aristocracy.

Today, we look to our social melting pot, as popularized in the theater of the early 1900s. We use our governing democratic institutions to cultivate children into adults, both as citizens and immigrants, to place the role individual in society first and foremost before all other affiliations. Each individual must learn to self-govern and participate in the various strata of society and the governing institutions as a self-governing individual. Cultural and social duties and privileges are subordinate to the obligatory patriotic devotion to one’s country cultivated in children and adults.

In enjoying the advancements of our increasingly more computerized society, we should ensure that social and governmental advancements parallel all scientific and technological advancements. We must guarantee that no harm results. In benefiting from new technology, we need not experience the historical dialectic of: advancement – destruction – development.

Democratic republics are not founded upon tyranny, irregardless of whether an autocrat or the public majority. The invention and application of digital technology must be accompanied by education for all and government by the republic’s best and brightest representing the people. Only when a natural aristocracy governs is a democracy a country of equals.

Lori Gayle Nuckolls

Should Political Parties Give Rise To Government By Natural Aristocracy?

Government in the United States is currently experiencing great ideological polarization. It is government by duopoly, two extremely divergent political parties. These political parties emphasize electability in selecting candidates and popular appeal in deciding policy issues. In fact, contrary to government by populism, this system of duopoly has abandoned large segments of the population. Third parties are emerging, voter turnout fluctuates, and the January 6th insurrectionists indicate that many are without representation.

The American dream is that of a land of opportunity for all, a meritocracy where talent leads and governs. It is the duty of a political party to guide citizen participation. And, political parties should defer to the founding principles of the country. The dilemma of duopoly and ideological extremism now before America’s political parties must give way to instructing their members that the party’s best and brightest must lead the party and be nominated as candidates. In the alternative, a goal of cult of personality populism gives rise to chaos and an absence of government.

Our current era is one of an ample access to information. The public can learn and discuss topics before them and make wise decisions. Citizens want representation. Failure to participate indicates the absence of adequate choice.

The design of America is global democracy. To bring democracy to the world, the United States must first place its natural aristocracy in government. The governing institutions and political parties must assist the academic community in effectuating a transition.

Political parties which divide and do not discuss risk implosion. For, without learned opposition, a political party devolves into ineffectual faction, sheer disintegration. A picture of our possible future is found in Simone Weil’s On The Abolition Of All Political Parties (1943):

“Nearly everywhere – often even when dealing with purely technical problems – instead of thinking, one merely takes sides: for or against. Such a choice replaces the activity of the mind. This is an intellectual leprosy; it originated in the political world and then spread through the land, contaminating all forms of thinking.”

A Right and Obligation to Participate

We all deserve representation. The current distress ending in violent unrest indicates a lack of adequate political representation. This is evident in a growing increase in the divide between the haves and the have nots in an increasing number of personal attributes. Many are without an access and understanding of emerging technologies, funding and access to higher education and health care. This is most evident in America’s rural and inner-city communities.

The rights we all possess go back to the early days of the Magna Carta, 1215. These fundamental rights of the individual are now deemed possessed by all within our global community, only after periods of time in which evolving and developing societies came to realize that these rights did not belong to a limited few.

In order to avail oneself of the various rights we possess as individuals, we must be able to self-govern and reach informed decision making about our place in society and our choice of governing leaders and government structure. Identifying our public responsibilities and obligations requires that we imagine that we are behind the John Rawls “veil of ignorance.” This is a circumstance in which we do not know our own place in society. And, we must determine the threshold socio-economic level we require for subsistence and survival.

In the thoughts of Alexis de Tocqueville, one of the greatest threats to democracy is pauperism. We must admit that pauperism exists on a global scale. Tocqueville believed that pauperism is best overcome by the guidance provided to the public by the productivity and efficiency of a capitalist economy.

In Tocqueville’s day this guidance was provided by local financial institutions. Small financial institutions located in individual, political subdivisions, close to the public, instill values required to adequately participate in society and a representative democracy. Currently in America, local branches of financial institutions impart capitalist ideals of self-sufficiency and money management through financial counseling. And these institutions guide small account holders in their use of emerging technologies and personal accounts, from making deposits to money transfers and investment. According to Tocqueville, these activities encourage principles of self-sufficiency and upward mobility. For Tocqueville, this was more feasible in rural communities where small farmers needed guidance with harvest management to avoid the force majeure, boom to bust circumstance of inclement weather. Cities for Tocqueville were more difficult. Industrial economies of the 1830s resulted in cycles of unemployment with periods of low product demand and an ever-increasing urban population that could not support itself. Modern financial institutions, now, provide an economic didactic to entrepreneurial development, emerging technologies and failing, outmoded industry.

Fear of an inability to provide for oneself and participate as an equal member of society generates protest, and rebellion, both at home in America and abroad. As an initial step, perhaps we should look to the sources of this insecurity and ask how would we respond if we were sitting in the place of the insecure and what the public response should be. What would I, as an individual and participating member, require to engage in informed voting? Perhaps Tocqueville and Rawls offer a beginning. And, in the thoughts of J. Hector St. John de Crèvecœur: from soil values grow.

Lori Gayle Nuckolls

On Voting, What Did The Founders Say?

Alexander Hamilton, in Federalist Paper No. 59, acknowledged in Article I, Section IV of the U.S. Constitution that the authority to determine the times, places and manner of elections resided with the state legislatures, yet Congress also possessed the power to alter state election law. According to Hamilton, this ultimate authority over state election law could be exercised by the federal government “whenever extraordinary circumstances might render that interposition necessary to its safety.” The reason for placing the initial power in the states was not the traditional rational of promoting valid experimentation to encourage developments in both state and federal law. Rather, as noted by constitutional law scholar Joseph Story in 1833 in his Commentaries on the Constitution of the United States, there was a concern that Congress, or a few Congresspersons from dominant states, might use the ultimate power of the federal government to enact unreasonable federal election laws favoring certain persons.

According to Hamilton and Story, the theory underlying the division of power is the necessity that every government possess its own mode of preservation. State and local governments are diverse, diffuse and can result in experimental, regulatable and accountable methods of election. However, Article I, Section IV of the U.S. Constitution expressly grants the power of preservation of the Union to the federal government. Story called this a “superintending power” over state election law.

We must ask if the incident of January 6^th in the United States with the storming of the U.S. Capitol Building indicates such an extraordinary circumstance. Is a return to Jim Crow such a circumstance? In Hamilton’s opinion, elections are left to “local administrations … in the ordinary cases, and when no improper views prevail ….” The United States has recently experienced uprisings and protests by persons of all races, colors, creeds, nationalities, religions and sexual orientations. Is there a need for election laws that would guarantee equality of representation with uniform voter qualifications throughout the Union?

The balance of power between the states and federal government need not be wholly undone by a constitutional amendment. Rather, we should place first the principle of the preservation of fair, equitable, just and honest government. Discretionary power over elections may be abused wherever it resides. And, historically, it has been abused at both the state and federal levels. Once, rivalry and ambition among the states justified the power of state election law. Now, national and international commerce support national standards of elections and the inclusion of all eligible voters in the election process.

Lori Gayle Nuckolls

A New Melting Pot

The present dissension in our ever so diverse society should not allow individual affiliations of race, ethnicity, nationality, religion, gender, and or sexual orientation, etc., transcend our fidelity to citizenship and equality under the rule of law. Individuals will always possess unique group identities that separate them one from another. But as stated in The Melting Pot, written by playwright Israel Zangwill and first performed to rave reviews by President Theodore Roosevelt in Washington, D.C. in 1908, individuals can amalgamate into a melting pot of citizens who maintain and express their pluralistic selves. Yet, each citizen would respect the culture of all under one government.

Our modern democracy should provide that all cultures are neither preempted by government nor society so long as respectful of democracy. The continuum of political affiliations from left to right should also freely express their opinions in this manner. Civil discussion and debate are the requirements of a democratic society.

Neither we nor our leaders should allow our pluralistic identities determine our decisions and opinions. Rather, in a democratic society we participate in our political community and do so in a way that places the principles governing our republic above all else. The doctrines incumbent within our group identities must defer to these founding principles.

Citizen participation should be facilitated by reasonable means. Many do not participate for want of knowledge. They do not know how a vote may be cast. Similarly, private and public leadership should consider public opinion regarding life’s issues and concerns. Civil and respectful public expression should be encouraged and not ignored. Most importantly, it must be included in private and governmental decision making.

Within the melting pot of the twenty-first century, we seek a social contract of a just society under our democratic government by imagining that we, ourselves, do not know our respective future condition, our position in society, or our own self-interest. We then seek laws and governing institutions that safeguard the position of the least well-off in society as that becomes our point of self-interest. For, social unrest occurs when our social contract is disregarded, and there appears to be no other means of effective popular expression.

The melting pot requires that public and private leaders guide citizens in their ability to place citizenship above personal identities. Policies and decisions should reflect the myriad of identities in society.

Is the United States of America under Siege?

Following the storming of the United States Capitol on January 6, 2021, in the ordinary course of legislative business, one must ask the place of this event in history. To what does it give rise, where does it lead America, and what does it indicate for its citizenry?

One could argue that there is too much hostility within the American majority, too much dissension, for America to continue with a republican form of government, for the United States Constitution to remain. A democratic military relies upon patriotism and a caring respect for government. Its military is derived from the majority population. If the majority no longer believes in justice and freedom under the U.S. Constitution, the military will not possess the moral force to protect the government from threats both at home and abroad.

The storming of the American Capitol was a rebellion, a failed revolution. The cause cannot be deemed that of madness or irrationality. Rather, it must be acknowledged to be an expression of a competing ideology. For, regardless of the methodology of the acts of violence against a government, such acts embody and express an ideology.

Consequently, diplomacy is required to reach agreement and compromise, to heal a country and the world. Denial of the existence of the beliefs and positions of the rebelling entity begets further uprisings and intermittent rebellion. An inclusive truce is necessary. Moreover, in the world’s history, uprisings, rebellions and revolutions, including the American Revolution, have long been subjected to the ad hominem of madness and irrationality, without their being evidence of proof other than reference to acts embodying a competing ideology.

Why Did the Attempted Revolution Occur?

Throughout the world’s existence, history’s development and progress has exhibited great hardship and horror. The storming of the American Capitol could be an example of the development of the world by means of such hardship and horror. Many deem this to be development through the reason and spirit in history, the Hegelian dialectic. According to Georg Wilhelm Friedrich Hegel, in the world there is the existence of the status quo; the critique or destruction of the status quo; and then the collective synthesis of a new, positive result in history. One would attribute to this phenomenon, the slow but developing and evolving state of human progress.

In some sense, Hegel deemed this the actualization of the known and preexisting universe and cosmos by the spirit of history. Yet, those living in each intermittent era of unknowing naivete ask why the negative, destructive critique of the status quo is necessary to evolve and develop, regardless of the result produced. Does it have to do with human nature and the mind of man? Does reasoned critique possess limits necessitating a reliance upon negative destruction? If a destructive negation is not necessary, perhaps society should strive to divert destructive animosity toward reasoned discussion.

In the thought of Hegel, we ask what is the positive result of the negative undoing and destruction of the U.S. Capitol. Does the storming indicate that, in addition to criminal penalties, some form of political reform will or should result? Could the rebellion give rise to either the creation of third and or fourth political parties, or a parliamentary form of government?

If third parties are cultivated, ideology through rebellion could express itself lawfully in the form of party platforms and representatives in elected office. If transition into a parliamentarian form of government, the United States would no longer rely upon a separately elected executive with a greater concentration of power in the form of a right of veto over the legislative body. Parliamentary government would require a significant reform of American government. Yet, rebellion and attempted revolution are significant acts.

There must be a humane and positive response by government and society to the rebellion, regardless of what one believes to be its cause. Rebels seek an answer to their demands. They seek their definition of justice. We cannot loft above them an ideal, utopian definition of justice which has been long deemed beyond reach by the world’s greatest elected officials, academics and philosophers. We must seek and strive toward a viable definition of justice: the right of all people to political participation through peaceful expression.

If America abided the principles and text of the Constitution, specifically, and rule of law, generally, differences and disagreements would be settled in the context of traditional political debate and law making. The United States must maintain the quality of its existence as a representative democracy governed by a natural aristocracy. It must act according to law and include the concerns and needs of all within the course of day-to-day debate. Ignoring any segment of the public results in an emotional response such as rebellion. Providing justice to all will avoid such in the future.

America should not attempt to avoid Hegelian peaceful critiques of the status quo, for debate and critique are the basis of the American political system. But, Americans must channel critique within structural modes of expression. From the ordinary member of the public to those occupying the highest office in the land, political participation and the ability to self-govern combine to avoid the recent cathartic event witnessed in the storming of the American Capitol. For, no rebellion or revolt takes form in short order. No one person could be responsible for persuading so many to act against their country. Revolt and rebellion result from a long felt disheartening of many people with their country. The only remedy is to provide a sense of enfranchisement and receptive, meritocratic government.

As J. Hector St. John de Crèvecoeur stated: from soil values grow. American democracy is premised upon the dignity of the individual and respect for all. A storming of the bastion of the people’s government indicates that an overwhelming number of citizens require that government be restructured to meet their needs. The United States needs to bring democracy closer to the soil of America.

Third Parties May Be an Answer to America’s Current Debate

Third parties are often factions that leave major parties over certain issues. America must discern the grievances possessed by America’s rebels. They ostensibly are supporters of former President Donald Trump. However, such violence coalesces and surrounds more than one person. It evolves over time and involves a plentitude of issues. The Capitol revolt was not the temperance party, the women’s suffrage movement or Teddy Roosevelt’s Bull Moose party. These ideological expressions were serious and longstanding. Yet, they did not reach the level of violence as the recent storming of the American Capitol. Consequently, the deep seated, violence inducing concerns and grievances of the Capitol rebels rely on more than what might be offered by one person. For, in expressing their grievances, they sought to destroy the very government former President Trump represents.

Permanent realignment of the two major political parties in America into third parties may require some phenomenon such as a rebellion or near revolution. Broad based, grassroot rebellion expressed in the form of movements such as the Capitol rebels could coalesce to form a third party. Some of the rebels could be akin and ideologically similar to the Libertarian party which acknowledges an expression of faction and inter-party strife within the two major parties in America, with the Libertarian party combining fundamental American ideals with conservative economics.

Despite the dramatic events of January 6^th, would the Capitol rebels fail as a third party as have most others in American history? The two major parties in America could adopt the ideological grievances and positions of the Capitol rebels and thus lessen any incentive to form new parties. Yet, the Capitol rebels may be so long underrepresented in politics and government that they cannot avail themselves of traditional forms of political participation that a political party offers. Perhaps, for the sake of democracy and diplomacy, citizens who agree and are sympathetic with the positions of the Capitol rebels should lead a new party to which the rebels could belong. This would transcend typical obstacles to formation of a third party such as inadequate financial resources and local and state support. And, a greater increase in popular participation in politics would benefit the emergence of a new party.

The Capitol Rebels Are Due the Benefits of Political Association

Regardless of punitive sanction, the civil self-government of the Capitol rebels should be cultivated. Political parties provide an opportunity for self-expression and civil debate in pursuit of principles and public policy goals. Parties provide a didactic function in educating their members in the art of civics and government. Most importantly, parties foster trust among members by encouraging members to self-govern in a trustworthy manner. Political parties permit representation in a republican form of government. Political parties diffuse the tyrannous majority. This is the guidance the Capitol rebels need.

Political parties embrace general philosophies and thus permit inclusion of as many people as possible. As a result, over time America has evolved into a two-party system. The party of traditional moral values and business interests is the Republican, and the party supporting working class labor and minorities is the Democratic. To transcend this duopoly, third parties must draft a broad-based philosophy that is not a single-issue attraction. In what way do the two major parties not offer ideals, principles and ideology appealing to the Capitol rebels so that a third party would not be a viable alternative?

Is the American experiment in democracy more democratic, more fair and more just with two, adverse political parties willing to expand and be more inclusive? To return to sound and civil government, America must enumerate the possible philosophical bases for third parties, including the Capitol rebels.

In what way do the Capitol rebels represent diversity within the United States? Are they urban and rural, of higher education and not? What are their unifying principles and concerns? In what way did the ideology of Donald Trump find expression in the rebellion of January 6^th? Could the Capitol rebels support the theories of meritocracy and natural aristocracy upon which the United States is founded? Promoting a third-party expression of fascist rebellion could be avoided in a free democracy. Listening to and incorporating itinerant concerns into the political structure would be preferable to forcing violent forms of expression. Third parties possess grievances often expressed through violence when the subject of structural exclusion.

Supporters of former President Donald Trump indicate that they are considering forming a third “Patriot Party.” This demonstrates the perceived need for structuring the public support he possesses into a viable form of expression. Whether one considers Donald Trump to be a “cult of personality” leader or not, he cannot utilize his support unless it assumes effective form. Also, he must create a generational legacy amassed around his positions, opinions and ideology that transcends his being deemed a mere one election figurehead.

Perhaps, the Capitol rebels will create a fourth party. Another grassroots movement may become as entrenched and as well-known as the Patriot Party. Would such a fourth party readily follow on the coattails of the Patriot Party if it quickly announced its existence?

Former President Donald Trump holds grassroot Republican support and must maintain its trust. He must do so by cultivating civil participation. A rebellion or attempted coup is an indication that the cultural voluntary servitudes of entertainment and athletics are no longer an effective panacea. They are enjoyed but do not support or supplant reasoned self-government. Rebellion indicates the cry for a remedy, and the rebels themselves have no answer. Exchanging attributions and projections of blame by governing officials will only result in continued public negativity. People must be encouraged from a grassroots level to engage in traditional political participation.

Representative Democracy Is the Answer

As a republican form of government in the modern era, America is a great, expansive experiment. In merely three hundred years, it has demonstrated a slow but effective development toward justice, fairness, equality and inclusion. A small yet painfully effective rebellion cannot undermine three hundred years of history. Rather, violent uprisings indicate a need for even further progressive democracy.

A democracy must be premised upon trust held by the people in each other, among themselves as they engage in self-government, as well as trust evoked by the government between it and its citizenry. A political party must similarly remain true to its principles and party platform. Promises unkept are hypocrisy. In the recent era of duopoly, no competition exists between the parties. They each have turf dominated by party leadership and no incentive to honor promises made each election. As a result, elections flip flop with exchanges in elected figureheads with no real change in power possessed.

As a result, the U.S. Capitol was stormed by the partyless and unrepresented. They are ostensibly amassed by and the adherents of Donald Trump. But, do they know anything more than that he sought their support. What specifically do they stand for given that they sought to destroy the government they sought for him to lead? The only answer for the rebels is their participation in the American government in some structured form. And, this means participation in the form of a political party, one currently existing or a new, third party. Or, do they remain American citizens who feel that they will always be outside the bounds of government, always unrepresented.

Lori Gayle Nuckolls

The Hegelian Dialectic Of Capitalism And Socialism In The American Bureaucracy

Socialism may be impossible yet it is unavoidable and must occur in cycles of reform with Capitalism. In the Hegelian theory of dialectical materialism of existence, critique and synthesis in remedy and solution, Capitalism is destroyed in part periodically by Socialist reform and then reborn again. In the United States, Capitalism is structurally restrained by bureaucratic reforms based upon theories of the public interest, nationalism and the commonweal, all theories of Socialist empathy.

The U.S. Constitution creates three branches of government: the Legislature, the Executive and the Judiciary. The President, as a modern Executive, is empowered with an enormous regulatory bureaucracy which is overseen in a manner of checks and balances by the other two branches. This modern bureaucratic state has placed upon the private sector a primary motive of being that departs from the for-profit motive of Capitalism and imposes that of ensuring legal compliance. In a complex era of high technology and big industry, this Socialist leaning is unavoidable if Capitalism is to survive. And, such regulation, though democratic and Capitalistic in spirit and theory, is Socialist in result.

This dualism, the points along a continuum of Capitalism and Socialism, in the philosophy of G.W.F. Hegel, is humankind’s striving toward the absolute freedom of the species in actualization of an unknown Idea, the consummation of evolution. Regardless of one’s belief in the source or definition of the Idea, humans evolve incrementally, improving life in their community. The various elements of the community each evolve along the Hegelian dialectic from existence to critique to synthetic improvement. The many elements include: religion, science, philosophy, art, literature and education. An additional element is the economic Capitalist-Socialist continuum which evolves in dialectical form and is expressed in the governing structure of the community.

Through rational, reasoned reform of its Capitalist governing structure overtime, America has achieved its current bureaucratic state. This bureaucratic state is currently in a period of contraction, with the undoing of some Socialist theories and returning to earlier thoughts of Capitalism. Much of the current trend toward a rebirth of Capitalism is a result of new technology and the creativity it has inspired in the area of commerce. Entrepreneurs are emerging in all business sectors. Americans who enjoy new goods and services and a sense of patriotism economic creativity engenders ask for reforms in government to facilitate further business development.

The current expression in America of this phenomenon, of a demand for government and economic creativity, is not a full destructive critique of Socialist expressions in the American government and economy. Rather, it is an expression of the Janus dualism in human nature. As history indicates, humans are innately inquisitive and acquisitively self-interested. Humans as a species are also affectionate and emphatic. From the beginning of Colonial America until the current presidency, America has evolved in cycles of “boom and bust,” high surges in Capitalist creativity and profit absent imposing regulation to despairs of economic failure and the lessening burden of governmental business safe harbors and social safety nets. This is an example of the philosophical construct of dialectical materialism.

In example, the legislature acts in response to changes in popular will with developments in human history. Citizens ask for a repeal of burdensome laws in times of business prosperity and, in turn, for social measures in times of hardship. Unlike legislators, judges are bound by codes of ethics to abide the rule of law first and foremost as it embodies theories of democracy, fairness and justice. These theories should be immutable regardless of the nature of economic times, regardless of boom or bust. So, to what do we attribute judicial repeal of time honored legal precedent, especially when these changes in the law coincidentally parallel new economic events and changes in popular will?

Judges exercise independent judgment absent partisanship. Yet, in the spirit of Ludwig von Mises and great thinkers from time immemorial, judges acknowledge the essential qualities of human nature – self-interest, greed, empathy and affection. So, too, judicial opinions reflect changes in history and socio-economic developments over time which avail themselves of the Hegelian dialectic as expressed in Capitalist and Socialist theory. An essential question exists as to whether the judiciary must respond to the import of the human creativity these qualities produce and the effect of human creativity upon the community the judiciary governs?

The American public should discuss the nature of governmental reform as expressed by changes in rights and privileges incumbent within the rule of law. The primary focus is the Hegelian dialectic of the Capitalist-Socialist continuum.

Colonial America expressed the dialectical continuum with the beginning point of the existence of the individual rights possessed by Native Americans. The discoverers of the New World were encouraged by developments in the means of maritime travel to conquer the Native Americans and, in Capitalist fashion, usurp their property in a theory of survival of the fittest. Yet, the Colonials stepped away from their own usurper, the English monarchy, through many acts and demands of social welfare, namely the survival of humans as individuals, possessing equal rights of individual self-governance and self-determination in a communal environment. The history of Colonial America is one of synthesis for England imposed tariffs as a large, usurpations government providing for English citizens. Yet, the Colonial and Early Americans, themselves, engaged in a Capitalist plantation economy with Socialist theories of paternalism in the maintenance of the institution of slavery and indentured servitude. Native Americans, even today, benefit from theories of Socialism.

The American Civil War began a critique of the Capitalism of the slave economy. It began with individuals forming the Underground Railroad and the act by predominately Northern slaveholders of permitting slaves to purchase their freedom through learning gainful labor or acts of unrestricted emancipation. The Socialist critique of the then existing Capitalist American economy consummated with the act by President Lincoln of emancipation.

In response, to newfound competition of Americans of African descent, the judicial opinion of Plessey v. Ferguson was issued imposing business restraints upon Black Americans. This, too, is a dualist, synthetic critique expressing Capitalist and Socialist theories. For, it provided a Socialist business subsidy to White Americans thereby encouraging competition at the expense of Black Americans. The Socialist correction was Brown v. Board of Education. Intervening was extensive public reform in the creation of the American Bureaucratic State in the form of the New Deal.

America continues the challenge of the bureaucratic state in the modern era. Much regulation is currently challenged to permit new forms of industry. The Hegelian dialectic provides material synthesis of contradiction and paradox to form new laws from new customs and new legal developments in the private sector of contract law and business formation.

The remedies proposed for the laws currently governing bureaucracies in America are equally along extreme points in a continuum. Some purveyors of conservative legal thought seek a return to theories of non-delegation which would extensively negate the power of Congress to delegate “legislative” power in the form of rulemaking to bureaucratic agencies. More liberal points of view on the continuum would support agencies by expressing great deference to their exercise of rulemaking and adjudicative powers owing to their expertise in highly specific subjects requiring centuries of experience.

In America, we rely upon the judiciary to honor a truly just midpoint along the Hegelian dialectic of Capitalist and Socialist reform. With the U.S. Constitution in place, we will never return to an economy that is too Capitalist or evolve into one that is too Socialist.

Lori Gayle Nuckolls