Wednesday, February 2, 2011
European Nationalisms: Forestalling an E.U. Central State?
Posted by Find Insurance Online at 5:58 AMAsk a European if the E.U. government could ever consolidate power from the state governments and you would probably get a "nope (or nein, or non), we identity with our respective countries." The problem is, such attachments can change. Europeans would do well to look at the first hundred or so years of the U.S. to get a sense of how the E.U., too, could change.
On June 18, 1787, in the U.S. constitutional convention, Hamilton pointed to “(a)n habitual attachment of the people. The whole force of this tie is on the side of the State Govt. Its sovereignty is immediately before the eyes of the people: its protection is immediately enjoyed by them.” (James Madison, Notes , p. 131) Hamilton concluded that the people would protect their respective countries from encroachment from the new general (i.e, federal) government. Back on June 20th at the convention, Luther Martin (not Martin Luther!) had pointed out, “(a)t the separation from the British Empire, the people of America preferred the establishment of themselves into thirteen separate sovereignties instead of incorporating themselves into one: to these they look up for the security of their lives, liberties & properties. . . . the sovereignties of the particular States which the Union was meant to support.” (James Madison, Notes, p. 159) The people set their respective ex-colonies, whose legislatures had largely been self-governing in various periods in the seventeenth century, as countries equivalent to those in Europe. The implication from Martin's argument is that the people had enough of a sense of nationalism to protect their countries from a general continental government. At Virginia's convention ratifying the U.S. constitution, Patrick Henry thus said, “I consider myself as the servant of the people of this Commonwealth.” (Storing, p. 295) Hence, Madison writes that the ratification of the U.S. Constitution “is to be given by the people, not as individuals composing one entire nation; but as composing the distinct and independent States to which they respectively belong.” (James Madison, Federalist #39, in Cooke, p. 254)
In spite of the apparent fixed nature of the attachments of the people favoring their respective countries at the time the U.S. constitution was being debated and ratified, such affinities should not have been counted on as a check against encroachments by the general government of the union. The fact that they were can explain why the U.S. constitution contains more checks against encroachments by the state governments than by the federal government. Melancton Smith, in a speech delivered at the New York ratifying convention, picked up on the error: “(a)n honorable gentleman from New-York [i.e., Hamilton] observed . . . that the states would always maintain their importance and authority, on account of their superior influence over the people.. . . But I ask him, how long the people will retain their confidence for two thousand representatives, who shall meet once in a year to make laws for regulating the heighth [sic] of your fences and the repairing of your roads?" (Storing, p. 349) Smith foresaw from the imbalance of checks in the proposed constitution that the general government would win the struggle for power at the expense of the state government. Smith continued, “the powers of the confederacy will swallow up those of the members." (Storing, p. 354) Smith then pointed to the finite duration of the primary political identifications of the people with their countries. "I do not suppose that this effect will be brought about suddenly—As long as the people feel universally and strongly attached to the state governments, Congress will not be able to accomplish it; If they act prudently, their powers will operate and be increased by degrees.” (Ibid.) As it turned out, Smith was correct; the state attachments waned, which in turn facilitated Congress in usurping state prorogatives. Rather than being dissuaded or halted by the people, members of Congress could promise the people goodies from federal programs. Since 1913, U.S. Senators have been elected by the people of the states rather than appointed as delegates of the state governments. This "reform," while in line with immediate representative democracy, left the state governments unable to act directly in the general government to arrest the encroachments. As a result, American federalism came to lose that balance of power between governments that is necessary and sufficient for both the systems of the U.S. Government and the state governments to be checked by the other. For while the general government can still check abuses in any state government, the state governments--even working together--can no longer check federal abuses. Hence the system of federalism is broken.
Europeans in the early decades of the twenty-first century would be wise to remember the American experience in assessing whether they have built-in sufficient safeguards against consolidation. What seems so strong today may be gone tomorrow. Attachments are fleeting. As per Ecclesiastes 1:1-11, everything in our domain is fleeting; all is vanity. It is prideful indeed to presume the conditions of one's own day are somehow permanent--and ever worse, to be counted on by future generations. Once the artifacts of one's age are qualified or bracketed, the E.U. federal system can be examined in itself--in its structure or design. An assessment can be made on whether the checks against encroachments from either the state governments or the E.U. government are sufficient and in balance.
Dual sovereignty is not sufficient for modern federalism; there must be a certain balance of authority and power, or consolidation (or dissolution) will surely result. Europeans like to point to the long history of their state governments to argue that the nationalisms in the E.U. will be reliable checks on an E.U. central state in the future. I counter that Europeans would be wise to look at the history of the United States--comparing that union in its first hundred or so years with the E.U. in the early twenty-first century. This approach is preferable to simply relying on momentary attachments that benefit from an assumed weight of European history. European empires gave rise to the empire that is now comprised of fifty united (i.e., nearly consolidated) states; now the latter can give back by providing a lesson of what not to do. I suspect that only pride can get in the way.
Sources: James Madison, Notes in the Federal Convention of 1787. New York: Norton, 1987; Herbert J. Storing, ed., The Anti-Federalist, Chicago: University of Chicago Press, 1985; Cooke, Jacob E., ed. The Federalist, Hanover, N.H.: Wesleyan University Press, 1961.


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