Treason and Terrorism are Now Patriotism
Kermit Roosevelt challenges the conventional understanding of the American experience. That conventional understanding, in short, is that American rights are found in the Declaration of Independence, fought for in the Revolution, become the foundation of the Constitution and come down to us in the present unchanged. Any perspective outside of the conventional narrative of continuous progress is dismissed as ideology such as the 1619 Project. This conventional understanding draws (or coopts) all Americans into the Founding project. We tell this story, largely fictitious, to promote cohesion and preserve unity but in doing so we sacrifice equality and liberty. The real revolution was the war of 1861 – 1865. The war of 1775 – 1783 was merely a war for independence.
The first misunderstanding is in what was meant by rights in the 18th Century versus our current understanding of rights. The so-called rights before which ‘all men’ are created equal were not meant as political rights, they were natural rights, not seeing this is a modern misunderstanding or perhaps a post Revolution reinterpretation which has become the current “American Creed”. When the Declaration was written, to be “created equal” by an act (or accident) of nature did not entitle one to political rights within a specific community. Nature does not confer political rights, only natural rights. We cannot get ethics or morality from natural law. Nature and natural law are at best indifferent to human wellbeing. The fundamental flaw in the American founding was the claim that we can derive ethics and morality from natural law. Nature only confers a right to life equal with any other life, not political rights. A natural right does not translate into a political right and inalienability only refers to natural rights, not political rights. The right to life does not translate into the right to vote. Just because people start out equal in a theoretical state of nature, it does follow that they remain equal or that such natural rights survive the transition into a political community. Simply stated, slavery was seen as part of natural order and thus consistent with natural law and the natural rights that derived thereof. The Declaration was never intended as a statement of universal human rights. This is why slavery was consistent with the natural rights contemplated in the Declaration and following through to the Constitution – this is the great defect – the Declaration said nothing to condemn slavery and the Constitution endorsed slavery.
Accepting slavery was the price of forming the new nation, the deal with the devil, no slavery - no United States. The Declaration was a declaration of political independence, not a statement of political rights. Political rights come with community and community is no guarantee of liberty or equality. These are the things to be decided by politics by those who are members of the political community. Native-Americans and African Americans were, by definition, not members of the political community. This is why racism is not an aberration, it is a natural consequence of the American founding which has compounded over time. By comparison, the 1789 French ‘Declaration of the Rights of Man’ was a declaration of universal human rights. As such, the American Declaration was correctly interpreted by Malcolm X as authorizing the resistance and rebellion of the oppressed African American community treated as an internal colony within the United States. Since the government has no duty to respect the political rights of certain members, those members have the right to dissolve the political bands connecting them to another. Ironically, this means the Confederacy also interpreted the principles of the Declaration correctly as containing their right to break away from the nation to protect their ‘rights’ which included the right to own and enslave another human being. We are better off in not trying to twist the defective Declaration to mean something it was never meant to mean.
In the American experience, political equality, at least in theory, came in stages. First, the Reconstruction Constitution of 1865 with the 13th, 14th and 15th Amendments provided ‘Constitutional’ political equality to African Americans followed by the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Second, women had to wait for the 19th Amendment in 1920 to be granted this same Constitutional political equality. None of this political equality was envisioned in the Declaration of Independence of 1776 or the Constitution of 1787. Kermit Roosevelt’s claim is that our modern understanding of political equality and equal rights comes from the Gettysburg Address and the Reconstruction Constitution, not the Declaration of Independence or the original Constitution as much as we like to read our current values backward into the Declaration and the Constitution to maintain continuity just as we read positive law into natural law and just as many Christians read modern values into the Bible. The retrojection of modem values into the past is actually very typical.
Implications As I See Them:
Being the victim of racism must be a lot like inheriting a genetic disease. I have personal experience with inherited genetic disease, I call it genetic determinism. One becomes disabled due to a gene inherited from a previous generation. Racism is much the same. African American people are born with the disability of the racism gene meaning they are born to be victims of racism, inherited from previous generations of race-based hereditary slavery and bigotry supported by white supremacy and Christianity, both of which are grim, weird and grizzly human sacrifice cults.
The U.S. finds itself in an odd integrum period. Between two past epochs of American history, one superseded and one not yet attained. We are in a cultural integrum, one between the values (liberty and rights) of the foundation as represented by the Declaration of 1776 and Constitution of 1787 versus the values (equality and obligations) of the Gettysburg Address and the Reconstruction Constitution including the 13th, 14th and 15th Amendments. We still ground our national narrative on the limited scope of natural rights from the Revolution and ignore the superior narrative of the emancipation from the Civil War where new political rights were discovered and extended to all. Too many people still think we are the nation of the Revolution and the Founders. The Revolution made the nation safe for slavery and the Constitution codified slavery into the law of the land. The dots can be connected between this mindset and an event such as the 01/06/21 attack upon the seat of government at the Capitol building where carrying the Confederate flag was presented as an act of patriotism. Treason and terrorism are now patriotism. We are still in conflict over these two separate founding events, viz., the Revolution and the Civil War. There are many who want this to be a nation of the hyperbolic individualism, not a nation of community, the nation of Reconstruction and Lincoln. We are no longer the heirs of the Founders, but modern domestic terrorists prevent us from claiming the inheritance left to us by Lincoln in terms of recognizing and repudiating racism and oppression.
Usually, a nation has a single narrative story of its founding, purpose and values. We are caught between two narrative stories creating the great American Contradiction; a narrative of exclusive individuality and a separate narrative of inclusive equality, and it is convulsing the U.S. today. Equality has always been a contentious subject in America. At its best, it means not only equality before the law but also equity of interests in the community. At its worst, it is a demand for equality of attributes and outcomes. Individuality has never been a contentious subject in America. At its best, it means the liberty to chart one’s course in life without interference. At its worst, it is a demand for exclusivity and privilege. I believe the current American struggle is between equality at it best (inclusion of all citizens in the life of the nation) and individuality at its worst (privilege and exclusive control of the few over the life of the nation). A struggle between previously oppressed and currently marginalized minorities (based on race, ethnicity, gender, sexual orientation, etc.) asking to be full participants in the life of the nation versus a privileged white, straight, Christian majority caste intent on maintaining exclusive control over national life and marginalizing any who are not part of the caste. The former look to the new founding of America as a result of the Civil War, the later looks to the first founding of America based on the Revolutionary War which overstated the injustices endured by the colonists and understated the injustices inflicted by the colonists on African and Native Americans.
The Great Inversion
The rights enshrined and protected by the Constitution are those of the states, not the people. The Constitution does not provide a solid guarantee of individual rights, the ‘Bill of Rights, notwithstanding. The equality of the states, the universal suffrage of the States is persevered, not the equality or universal suffrage of individuals by the Constitution. The states, not the people, are the parties to the Constitution. At the writing of the Constitution, the Federal government was seen as the potential threat to individual liberty and the states as the guardians of that liberty. Thus, the Constitution and the enumerated rights were intended to constrain the new Federal Government, not the State Governments. The current reality is the quite the opposite, it is the states that are the threat to individual liberty and provide the laboratories of tyranny; the Federal Government is now the important protector of individual rights. The problem is that this modern reality functions within an 18th Century framework designed to constrain and limit the Federal government but empower and protect the states based on the archaic understanding of the division of powers at that time. The original Bill of Rights retrains the Federal government, not the state governments. It is not until the 14th Amendment that the states are incorporated into the ‘Bill of Rights’ protections. The Reconstruction Constitution established the primacy of individual rights over state’s rights.