Politicians, organizations, and voters in the United States, (and perhaps elsewhere), approach certain and numerous topics as absolutes.
Absolutes are enshrined in
the Constitution, the Declaration of Independence, and especially the
Bill of Rights. The first amendment contains in the fewest words the
most absolutes of any written document. Conflict over the correct
interpretation of the second amendment is a partisan and inflammatory
issue.
Yet, in practice these
“never shalls” often become, “Look, citizens think the
government can never abridge the right of the people to peaceably
assemble, but the country is going to fail to function if the
government can't circumscribe and regulate the right.”
Unsurprisingly, few become
enraged over the regulating of the absolutist right to peaceably
assemble. When Occupy Wall St. began in Ziccotti Park, New York City
(2011), the city enforced regulations for a multitude of purposes
include public safety. Of greater importance to the city was the
impact the movement might have on transportation for those working in
the financial district. A month after it began Mayor Bloomberg and
the police forced protesters out and refused to allow the reentry of
overnight equipment such as tents and sleeping bags.
In
a similar, yet entirely convoluted manner, the occupation of the
Malheur National Wildlife Refuge in Oregon by Ammon Bundy and a few
dozen militants met anger, but not in support of a citizens right to
assemble peaceably. They were different in their message, and
armament, but they were practicing the right to peaceful assembly.
Free speech,
non-establishment, and the second amendment have been the focus of
practical restrictions, but some citizens are unable to accept this
necessity.
With regards to the right
to assemble, restrictions are enforced to secure public safety. But
opinions differ where one's right and another's right contact. If
the assembled can never harm anyone (in the broadest sense), then
there is no right to assembly. Occupy Wall St and the militants
harmed those who wished to visit the location unobstructed. They
harmed those who owned the property by causing damage. And they
harmed those who venerated the property, as they destroyed Native
American relics. These examples are the least harm they did, and yet
some would say (and did) it was too much.
The right to assemble is
less contentious than the big three (speech, religion, and arms) and
these two examples provided emphasize this, by being the only
significant episodes in recent memory.
But the big three have
their proponents for Absolutism: organizations dedicated to
obliterating any restricting influence the national, state, or city
governments attempt to enshrine in law. Perhaps oddly, the court
system is both the friend of these organizations and their foe,
depending as the circumstance may be.
A case where the
courts favored an absolutist position, was Engel
v. Vitale (1862), where,
by a six to one majority, the Supreme Court found school prayer
unconstitutional, as it violated the first amendment's protection
that “Congress shall make no law respecting
an
establishment of religion”. The victorious justices were unwilling
to consider any provisions which might have allow prayer to continue,
ending the practice entirely, and affirming their singular devotion
to this constitutional provision.
The
organization supporting the plaintiffs in Engel v. Vitale, was the
already venerable American Civil Liberties Union, a stolid absolutist
proponent. Since its formation in 1920, the ACLU has been dedicated
to the ideology that some rights (speech, non-establishment, privacy,
and press) are inviolable.
The
other and older organization, similar in thought, as Bundy was to
Occupy, is the National Rifle Association. Founded in 1871, this
nonprofit doesn't straddle ideological lines as easily as the ACLU,
but wields significant power in enforcing its absolutist position.
In
this way, both the ACLU and the NRA, along with the citizens who
support them, believe in what I call the Trojan horse or beachhead
theory.
In short this theory is: if an
organization allowed even a tiny deviation from the absolutism
expressed by the Bill of Rights, a rival organization could gain for
its side, like a beachhead in a war zone, with the opportunity for
further advances. A variation, the Trojan horse is as follows.
Instead of an obvious antagonistic relationship, a rival agency might
attempt to overthrow its establishment rival by claiming both
ideologies can co-exist, but with the ultimate intent to burst out
upon their unsuspecting foes and disembowel them, as the Dorians
did to the Ionians.
Almost
everyone is susceptible to one absolutist position or another. Take
for example, the author.
In
November, citizens of the Commonwealth of Massachusetts will be
voting on four ballot questions. Currently, Massachusetts has an
upper limit on the number of charter schools allowed. But a yes vote
for question two will allow the state to approve twelve more a year.
Not just twelve new charters, but more each year. This is a Trojan
horse strategy, by which the supporters of charter schools will
slowly destroy the public school system. They have outspent
supporters of public schools by eleven million to seven million.
Frighteningly, while all the money spent by those in support of
public schools came from in state, two of the Walmart siblings (who
live in Arkansas) spent a combined 1.8 million alone to support
charter schools. Read more about the issue here.
John
Oliver recently did a sharply critical bit on charter
schools.
As a resident of Massachusetts I imagine we regulate charters better
than other states, but for me, that's not the point. I support
public schools as foundation of my ideology, and believe every
citizen has a unalienable right to a public school. Charter schools
are supported by those who ideologically are opposed to public
services, and they are determined to bring down the system.
Public
schools are not a perfect system, but they can be successful if
supported by the community. Charter schools only detract from them.
And so: charter schools
are a Trojan horse designed to destroy the public school system.
I can
think of many more, but here's an idea.
For
those who are reading, I invite you to list your own absolutist
Trojan horses or beachheads in the comments below, as I did for the
above italicized sentence.
But I
ask that no one comment on anyone else's or I will remove the
comment. We're trying to avoid conflict. Even if you're trying to
be supportive it would open to door for others to comment critically.
See
you Monday!
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