Last week PBS featured a program which discussed the nature of America and Americans in the wake of the assault on the Capitol on January 6th. A series of panelists attempted to define the character of the American people. There seemed to be a consensus that, as a people, we are not as virtuous as we would have others believe. This was in stark contrast to those who, in response to the violence, contended, “This is not who we are.”
It is useful to be able to generalize in a world filled with complex people and events. Were we to treat every event and person as unique, as fitting as that might be, we might well be overcome with the multiple stimuli and rendered incapable of action. We have to be able to do some sorting. In politics, we attempt to sort by party label and/or by perceived position on an ideological spectrum. The results are fully satisfying only to the uncritical or members of the media with time deadlines and space limitations.
James Madison recognized the problem in Federalist 10 where he discussed the influence of faction and its relation to the proposed Constitution. He pointed out that to eliminate faction it would be necessary to eliminate freedom. He hoped that the framework provided by the Constitution would permit us to manage the problems resulting from factions. Thus, when we seek to “unify our divided nation,” Madison would have us agree on the rules of the game in resolving policy conflict and selecting political leaders. Those rules are based upon the Constitution as expanded by Federal and State laws. That is the best we can expect in a free and democratic society.
But wait! Some have claimed that the rules are being violated. Elections are being stolen. The Madisonian response is to follow the Constitutional procedures designed to deal with such controversy. Carefully examine the facts, and, when appropriate submit those facts to courts for adjudication. At the end of the game the “losing team” complained that the “winners” had violated the rules. The umpires/referees disagreed. “Upon further review the ruling on the field is confirmed.” To deny the fairness of such a process is to grant to one faction (or its leader) the ability to decide what the rules are and when they have been followed. This is not democracy.
Another area in which the tendency to over-generalize plagues us is the area of civil disobedience. Protests are too often characterized as whole “movements” without recognizing real differences between those on the ground. Black Lives Matter protesters largely followed the basic rules for protected protest under the First Amendment. Yes, there were many cases of “failure to disperse,” but that is the nature of protest. However, some took advantage of the protest to participate in property damage, arson, and looting which are not protected activities. These people should be identified, arrested, and prosecuted, but do not characterize the Black Lives Matter movement.
The same may be said of the demonstrations on January 6th. Urged on by the President, a large number of people gathered before the Capitol to protest what they considered to be certification of an illegal election. So far, that activity falls under the protection of the First Amendment just as that of the Black Lives Matter group. Again, there is a “however.” Some within the crowd were domestic terrorists, neo-Nazis, white supremacists, and anarchists. This group stormed the Capitol. They should be identified, arrested, and prosecuted along with those law breakers listed above.
We still may make judgements based upon our knowledge of the facts. The events protested by Black Lives Matter happened. Those protested by Stop the Steal did not. Both protests are and should be protected. They are but the result of our inevitable factions. Some factions may be judged “good” by some and “bad” by others, but as long as they follow fundamental rules of law, they are equal.