What makes America durable? Its system has more than one back-up system. You can almost touch that durability in Obama's last State of the Union message. Delivered with passion to a joint session of Congress on January 12, 2016. Delivered to the Democrats who rose up to their feet repeatedly to cheer him.
Also delivered to the Republicans who largely remained seated out of political distancing. The variables in those reactions did not seem to trouble the first black president of the U.S.A.
Where does that durability lie?
Its Constitution has lasted for more than 200 years. Albeit with 27 Amendments. "We the People" in its Preamble means what it says. All the people in America, whether citizens, residents, newly-arrived immigrants, or visitors. Underpinning the hallowed principle of "quality before the law." Infractions like Guantanamo are a glaring exception. But technically, Guantanamo is not American sovereign soil. It is a stain on the fabric. Not the fabric itself.
Its separation of powers. Yet not really separate. But overlapping for balance. Congress is the federal legislature. But it has executive powers such as in treaty-making. And judicial powers, such as in appointing federal judges including to the Supreme Court. The Executive, in turn, has powers to veto legislation, unless that veto is over-ridden by a super majority in Congress. The federal judiciary, the creation of both the Executive which nominates, and Congress which affirms or denies, has the task of judging. Among other things, the constitutionality of laws. And other disputes.
All of this represents the Olympic circles - overlapping to represent unity of action, focus on purpose, and toning down of the tendencies of the other two circles of power. The durability of the American system is enhanced by its built-in checks and balances.
But this is not the end of the checks and balances labyrinth. Full of intricate passageways. Difficult at times to navigate, but once comprehended, its rationale is luminous. The federal government is one of limited powers.
Limitation here does not spell weakness. You can read it as delimitation. There are essentially two governments in the U.S. One federal, to keep the fifty states together - "The United States." And one for each state. These states are sovereign in exercising powers over issues not specified for handling by the federal government.
How does this duality enhance the durability? The 10th Amendment of the Constitution provides for the regulation of that relationship between Washington, D.C. and the capitals of all States. D.C. specifically has the power to declare war, collect taxes, and regulate interstate commerce. A truck travelling from New York to New Jersey is engaged in interstate commerce once it crosses the George Washington bridge.
Everything else is within each state's power to regulate. Nearly everything, because if there is conflict between federal and state in a matter affecting other states, Washington wins. So the American union continues to strive for what the Constitution's preamble calls "a more perfect union."
With a view to delimitation of powers between the federal government and the states, the Supreme Court has ruled in favor of the states in matters directly affecting the people. Family relations, internal state commerce, and local law enforcement fall, under that ruling, within state jurisdiction.
Licenses for marriage, or grants of divorce, or a will are state-based. Attorneys are authorized to practise law by the state. Yet they can practice in any other state (as I do) upon declaring or proving in the court of "the other state," where they are licensed.
At the state level, law enforcement is carried out not only by state courts. But also by the "police power" of the state which extends to the national guard (originally state militias). These forces are also available to the federal government at times of national emergencies. "Federalization" of these forces is another power to be exercised by the federal government.
The Tenth Amendment of the US Constitution is the last of the ten Amendments called the Bill of Rights. That Bill begins with the much debated First Amendment which introduces basic provisions including those affecting the state and religion. Because of its centrality to the durability of the American system, it bears quoting:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Note that that Amendment, as regards religion, does not establish a state religion; but allows for "the free exercise" of what any American may regard as a religion. (An interesting point of commonality between the U.S. Constitution and Islamic Law. For Sharia does not establish a faith and a State. It establishes a faith and a community).
Also note that new rights are continually created by the Supreme Court, such as the right to have an abortion. Thus changing circumstances are accommodated without having to resort to the nearly-impossible procedure of amending the Constitution. The "Law of the Land" is whatever is federally legislated, or is integrated through treaties approved by the Senate and signed by the President. These are other forms of back-up systems whose flexibility is intended as a means for durability.
The above is obviously not the entire or even the rigorously academic presentation of all aspects of the durability of the American system. This is because these features are always open to challenge through both interpretation and the evolution of globalization.
Nonetheless it is my way of highlighting what makes America sail relatively smoothly through various types of crises. A brief look at the State of the Union message delivered by Obama on January 12, 2016 sheds further light on how America navigates its status as a durable super power.
But before doing so, let us sum up and supplement the above as regards federal powers.
First: The union is held together by a Constitution which keeps on evolving through interpretation. (In the Muslim world, it is called ijtihad: evolving a rule where the text is unclear, or does not exist). Every exercise of federal power must be traced to the Constitution.
Second: There are constitutional and self-imposed limitations on the exercise of federal jurisdiction. This is the theory of "strict necessity." Political questions will not be decided by the courts.
Third: The "We the People" is in action constantly, at all levels of government. That is from the federal, to the state, to even the smallest community. (The water authority in Suffolk County, New York State where I live, is a form of local government. Its school system is supported largely by taxes paid by us residents. Even if we have no children attending those schools).
Fourth: "We the People" is the basis for voting, for the organization of political parties (both the Democrats and the Republicans, plus splinter groups). Demographically, it continues to grow and diversify through birth and immigration.
Fifth: If there is a conflict between a congressional act and a valid treaty, it is resolved by the order of adoption. The last in time prevails. (The Iran nuclear deal is not a treaty).
Sixth: Under executive privilege/immunity, the President has a privilege to keep certain communications secret. National Security secrets are given deference by the courts. From that flows the State Department rulings on matters of foreign affairs. Also given judicial deference by the judiciary; and
Seventh: The U.S. may sue any of the fifty states without its consent. But public policy forbids a state from suing the U.S. without its consent. That is unless Congress passes legislation that permits the U.S. to be sued by a state in given situations. On the other hand, one state may sue another state without its consent. The Supreme Court has exclusive jurisdiction in a state v. another state litigation.
In his last State of the Union message, Obama declared:
- "We will build... We do not give up... Government is a shared responsibility."
- America's power is credible, he asserted. Debunking the view expressed in the Wall Street Journal to the effect that 70% of Americans think that the U.S. "is moving in the wrong direction." (So do most of the Egyptians without cause in regard to their country now recovering from 65 years of stagnation).
- Obama defined his legacy in the context of economic recovery (from the ravages of wars of choice); health insurance for all; opening to Cuba, Iran and to Pacific trade; energy self-sufficiency; criminal justice reform; environment and climate change measures; support for the middle and lower classes; and equal pay for equal work.
- He attacked the politics of fear; islamophobia; curtailment of voting rights; gun ownership without proper control (a Second Amendment problem).
- Declared his determination to close Guantanamo; and laughed at those peddling the fiction that ISIS poses a direct threat to the U.S. "Just ask Bin Laden!!" he challenged the nay-sayers. Called on congress to grant him authorization to "use the military against ISIS." Not satisfied with a coalition of 60 states and 10,000 air strikes;
- He presented America's priorities in four points: How to provide every American with equality of opportunity; how to make technology work for America; how to keep America safe; how to align U.S. policies with "what is best in us, not with what is the worst."
"The U.S. is the most powerful nation on earth," Obama intoned. Predicted instability in the Middle East and southern Asia for a long time to come.
Now for a general comparison between the American system and its Egyptian counterpart. A broad brush, without elaboration. With the usual pitfalls of any comparative presentation:
(1) On Exceptionalism: In their different ways, both the Americans and the Egyptian peoples consider their countries, in its environs, "exceptional."
(2) On Their Constitutions: America amends (27 Amendments); Egypt starts anew -without too many variations. Its first Constitution of 1923 was fine. But the lore of opening a new page is an Egyptian constitutional trait.
(3) On Obama and El-Sisi as President: In America, Obama is the first Afro-American to occupy the White House. In Egypt, El-Sisi is the first President with a military background to occupy "Al-Itihadiyyah" after open and fair popular elections.
(4) On Congress and Parliament: The first Egyptian parliament was held in 1860s. Less than a hundred years following the first U.S. Congress. The present Egyptian Parliament has just been convened in fulfilment of the Road Map of 2013.
(5) On Diversity: America prides itself on it. A nation of immigrants. In Egypt, once the secularists prevailed over the Islamists as of June 30, 2013, diversity was restored. In terms of Muslim/Christian harmony; women in high places; and other areas guaranteed by the 2014 secularist Constitution.
(6) On Foreign Policy: Both America and Egypt are pivoting in new directions. America towards the Asia/Pacific area. Egypt towards a balance between east, attention to the Gulf, and south, attention to the greater Nile region. Now what Egypt needs is to open up to Iran. America has done it through the nuclear deal.
(7) On the Armed Forces: Hallowed in both countries as bulwarks of security, sovereignty, and national pride. The essential differences are compulsory draft in Egypt, and the existence of national guards in every one of the 50 American states.
(8) On Religion and the State: The defeat of the Muslim Brotherhood in Egypt in 2013 signaled the end of the lurch towards the islamization of the State. Keeping religion out of politics is constitutionally guaranteed in both countries.
(9) On the Media: In Egypt, media analysis is largely not supported by facts. In America, analysis is largely devoid of on in-depth knowledge of the Egyptian/Arab street.
(10) On Love of Country: Nearly the same in both countries. Different tributes. In America "God Save the United States of America." In Egypt "Tahya Misr" (Long Live Egypt).
(11) On War: Both countries now value staying out of war adventures. Result of war has been now seen in both Washington and Cairo as destructive of nation-building at home.
(12) On Terrorism: The fight is one. Different fronts. Different means. Same goal.
The durability of America relies on multiple back-up systems. In Egypt, the back-up system is a long continuous history going back to the days of the Pharaohs!!
Happy 5th Anniversary for the Egyptian Revolution of January 25, 2011. It ushered in the New Egypt. Where Tomorrow Starts Today.
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