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The
Unsteady Path of Constitutional Democracy: Considering the Middle Eastern
Moment from the Perspective of 18th Century America
by Justin Paulette
01 December 2005
Were a foreign viewer to witness
the debacle of American democratization and constitution-building during
the late 18th century, surely our fate would have seemed no less imperiled
and worthy of derision than the efforts now underway in the Middle East.
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At every step toward
democratization in the Middle East and Central Asia, skeptics have claimed
that the imperfections of the process, the factious contentions among the
population, and the narrowness of the democratic victories portend the inevitable
failure of the entire enterprise. The nascent Iraqi republic, for example,
has endured Sunni boycotts, fiercely competing regional cabals (based largely
on religion) and all of the ills and burdens associated with democratic governance
the world over. Now, in the wake of a new Iraqi constitution, as well as
elections in Afghanistan, Pakistan and Lebanon, perhaps a moment of self-reflection
should temper the next volley of doomsday predictions.
It would constitute a massive distortion of history to claim that the obstacles
presently suffered in the Middle East must necessarily foreshadow the futility
of the democratic movement at hand. Such cynicism is particularly unfounded
if the condemnation of Middle Eastern fortunes is based upon a claim that
those people do not benefit from the favorable winds which ushered in America’s
constitutional democracy. The U.S. Constitution was an object of deep mistrust,
charged with scandalous power-mongering and proving an extraordinarily hard
sell at the time of its eventual adoption. Were a foreign viewer to witness
the debacle of American democratization and constitution-building during
the late 18th century, surely our fate would have seemed no less imperiled
and worthy of derision than the efforts now underway in the Middle East.
At the outset, it should be recalled that the first American “Constitution”
failed. The political regime established under the Articles of Confederation
in 1777 collapsed after a mere decade. Richard Henry Lee had proposed a plan
by which to harness the colonies into a union at independence in 1776. Following
more than a year of arguments, Congress finally adopted the Articles of Confederation
(though the states did not ratify the Articles until 1781). The colonies
thus became, “The United States in Congress Assembled.”
Yet by 1787, following a failed attempt at Annapolis to revise a single provision
of the widely unpopular Articles (delegates of only five of the thirteen
states even bothered to promptly attend), Congress endorsed a plan to revise
vast swaths of the charter. A convention was planned for Philadelphia. The
state delegates in attendance (one state refused to attend) quickly transgressed
the scope of their authority, discarding the Articles altogether and proposing
an altogether novel constitution.
America exploded into controversy -- one might have called it a quagmire --
in which the present system was proven to suffer from severe deficiencies
while the proposed solution threatened a cure worse than the disease. Factions
arose and launched charges ranging from erudite political caveats to vitriolic
personal assailments. The Federalists and Anti-Federalists, as well as viciously
partisan papers, proliferated reams of highly charged literature. “If you
read the Aurora,” lamented George Washington, referencing an Anti-Federalist
sympathizing newspaper, “you cannot but have perceived with what malignant
industry and persevering falsehoods I am assailed in order to weaken, if
not destroy, the confidence of the Public.” Some historians have dubbed the
ratification period as, “the dark ages of journalism.”
To add controversy, the consent of only nine of the thirteen states was necessary
in order to bind all of them under the new constitutional order. Yet a mere
five states initially ratified the Constitution. The next vote, in Massachusetts,
encountered fierce contest and did not seem to bode well for the Federalists
and their hopes for a revolutionary governing charter. Only after Samuel Adams
and John Hancock, leading Anti-federalists, secured promises that the document
would be subject to immediate amending following ratification, did the convention
narrowly approve the Constitution (by a vote of 187-168). Following the Massachusetts
compromise, five additional states were willing to accept the proffered Constitution
-- on condition of its prompt alteration after ratification. In fact, with
the sole exception of Maryland, these latter state conventions actually recommended
amendments in conjunction with their ratifying votes.
By this time, eleven states had ratified the Constitution. The North Carolina
convention had adjourned, refusing to vote on the Constitution. Rhode Island
didn’t even bother to elect a ratifying convention, but rather submitted
the Constitution to town meetings in which it soundly failed to achieve ratification
(due, in part, to a boycott on the part of most Federalists).
And yet, this second attempt at constitution building, initially supported
by a clear minority of five states, outright rejected by two states, subject
to boycotts, adopted only upon the condition of immediate revision, preceded
by oft-vitriolic denunciations and succeeded by myriad doubts and misgivings,
has endured two-centuries as the revered centerpiece of the oldest and most
stable democracy in the world.
Of course, the 21st century Middle East is not 18th century America. In many
respect, the former may encounter trials altogether dissimilar to those which
confronted our forefathers. Yet even in this assumption, one must take care
not to overestimate the distinctions.
For those who claim that democracy cannot be propelled through outside influence
(particularly militaristic), it should be recalled that America did not fight
the good fight against His Majesty’s armies alone. Particularly France, but
also Spain and the Netherlands joined in the war against England -- and all
for less altruistic reasons than a desire to secure America’s sacred liberty.
The peace process which would eventually conclude the American Revolution
included France as a principal participant -- indeed, the negotiations were
held in Paris. And these negotiations could not be finalized until Spain,
France and England concluded their own, separate treaty arrangements.
Further, America was hardly free from the threat of violence and insurrection
from within her own borders. As Shays’ Rebellion revealed in 1786, when farmers
in western Massachusetts conducted an armed uprising against the state government,
domestic violence had the potential to defeat the legitimate government. During
the Revolutionary War, southern militias refused to accept and arm black
soldiers for fear of a massive slave revolt, and approximately 13,000 Native
Americans took up arms against the United States. (And let us not forget
the smallpox epidemic which killed over 130,000 people in North America during
the American drive toward democracy.) Fear of insurrection greatly motivated
the movement to revise the inherent weaknesses of the Articles of Confederation
-- in favor of an equally dreaded, powerfully centralized, national government.
The specter of continued insurrection, as well as the unknown perils of the
emerging political landscape, loomed large and grave before the bewildered
colonial patriots of early America.
It is often asserted that the Middle East is not ready to shoulder the great
task of democracy, whereas America gradually acceded to the responsibilities
of self-rule. Granted, while Iraq, for example, has purportedly enjoyed the
status of a republic since 1932, a series of warlord-like dictators have
effectively quelled the blossoming of democratic habits and institutions.
However, as recent elections reveal, the Iraqi people have not been slow
to decipher the mechanics of popular sovereignty. The Sunni majority initially
attempted to boycott the provisional parliamentary elections -- yet their
failure to cripple and halt the democratic progress cost them dearly in terms
of representation and, thus, political influence. The Sunnis learned quickly
and made a substantial showing in the constitution referendum (a vote which
split Sunnis in different regions, implying a desire to simply assert themselves
into the political equation, regardless of their political objectives). Several
political parties have already established their pre-eminence, and organized
voter drives are well underway (voter turnout for constitutional ratification
exceeded 60% by most accounts, and neared 80% in some regions). Amidst the
posturing, grandstanding and exorbitant claims promised by would-be Iraqi
politicians, Americans might call it politics as usual.
Finally, religion is often invoked as an insurmountable barrier to Iraqi
democratization. Alternately, this objection appears in the context of distinguishing
Middle Eastern Islam from Western Christianity, on the one hand, and Western
Secularism on the other. Should one recognize America as a de facto Christian
nation, and dismiss the fascinatingly widespread fallacy which holds the
American Founders as irreligious sectarians, then one must defend the unlikely
thesis that the Church which oversaw an empire and nearly two-thousand years
of monarchs was somehow inherently compatible with democracy, whereas Islam
lacks the capacity to so adapt. Conversely, secularists must surely acknowledge
that democratic institutions are the only means by which to educate the Iraqi
population as to alternatives to religious obedience. Only by integrating
political mechanisms into the Iraqi spectrum of ideas may the realms of religion
and politics be parsed, and the impeding influence of charismatic religious
leaders be moderated and confined. As evidence of the capacity to harmonize
religion and democracy, consider that the Iraqi constitution, which begins
with the words, “In the name of God, the most merciful, the most compassionate,”
only moments later reads, “This Constitution guarantees … the full religious
rights of all individuals to freedom of religious belief and practice….”
But again, the Middle East is not America. The peoples of Mesopotamia and
the Central Asian plateau unquestionably contemplate dilemmas and conditions
unprecedented in the world theater of democratic nations. The Iraqis could
fail to honor the lofty sentiments of their new-born constitution, and the
wider Middle East could neglect to treasure and safeguard their burgeoning
democratic liberties. The lessons of America and her turbulent history may
not prove relevant or sanguine when supplanted into the Middle Eastern context.
But I believe that human nature is not so whimsically subject to time and
place, but rather finds a common and steady star by which it is steered.
Faced with the oppression of an unbending tyrant, men will struggle and endure
in pursuit of their liberation and deliverance -- accepting the inducements
and aid of many, but eventually willing and hungry to stand on their own.
Men can be cowed, but they are a noble breed, and possess the inherent courage
and conviction to follow Providence and prosperity wherever it may lead.
The people of the Middle East have suffered grievous losses, and yet they
poured into voter booths under the threat of lethal retaliation -- this was
the resolve and character of our Founding generation, and the reason I maintain
hope in the future of democracy in the Middle East.
Justin
Paulette has an MA in U.S. Studies from the University of London's School
of Advanced Study and a law degree from The Catholic University of America.
He practices law in Washington, D.C.
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