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Education Policy in Minnesota: The Profile of Learning
No full textThis discussion will not pass judgment on the Profile of Learning. It will not decide if the Profile is a "good" or "bad" policy. Rather, this discussion will use Minnesota's Profile of Learning as an example of a public policy issue in which there are two distinctly opposing sides, separated by a deep cultural divide. This divide makes any discussion and agreement on the Profile difficult, and as will be shown, in some cases impossible.Education Policy in Minnesota:
The Profile of Learning
Joshua R. Lorenz
Gustavus Adolphus College
Professor Chris Gilbert
Fall 2001
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INTRODUCTION ............................................................................................................. 2
PROFILE OF LEARNING CONCEPTS AND TERMS .............................................. 3
LEGISLATIVE PATH OF THE PROFILE OF LEARNING: 1999-2000 .................. 5
"DUMP IT" VS. "FIX IT": POLAR OPPOSITES AND TIIB 1999 SESSION ............................... 5
USING LESSONS LEARNED: COMPROMISE AND TIIB 2000 SESSION .................................. 9
CRITIQUING THE PROFILE OF LEARNING: TWO METHODS ....................... 12
THE STATE SANCTIONED REVIEWPROCESS ................................................................... 13
Achieve Inc. and Council for Basic Education ......................................................... 13
Academic Panel of Minnesota Education Experts .................................................... 20
Christine Jax, Commissioner, Department of Children, Families & Learning ........ 25
NONGOVERNMENTAL CRITIQUES ................................................................................... 28
Katherine Kersten ..................................................................................................... 29
Maple River Education Coalition ............................................................................. 32
THE FUTURE OF THE PROFILE OF LEARNING ................................................. 38
BIBLIOGRAPHY ........................................................................................................... 41
WORKS USED IN LEGISLATIVE PATH SECTION ............................................................... 41
WORKS USED IN REMAINING SECTIONS ......................................................................... 43
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Introduction
... The commissioner shall set in rule high academic
standards for all students ... The standards must ... provide
an opportunity for students to excel by meeting higher
academic standards through a profile of learning that uses
curricular requirements to allow students to expand their
knowledge and skills beyond the foundational skills.
(Minnesota Statutes 2001, Chapter 120B.02, paragraph b).
The above statute is Minnesota's most recent and controversial attempt in the area
of education policy. Loved by some and hated by many, this policy initiative has
attracted vast amounts of media attention and generated its share of political discussion.
Enacted in 1 998, the Profile of Learning is a response to criticisms that Minnesota's
students were not being aptly prepared upon graduation for college, the workforce, or
"real" life. As a result, the Profile of Learning centers on "show what you know"
learning: group projects, critical thinking and evaluations, and practical skills. The
Profile is manifested in eleven "learning areas" in which high school students must
complete a required number of "performance packages" to graduate.
This discussion will not pass judgment on the Profile of Learning. It will not
decide if the Profile is a "good" or "bad" policy. Rather, this discussion will use
Minnesota's Profile of Learning as an example of a public policy issue in which there are
two distinctly opposing sides, separated by a deep cultural divide. This divide makes any
discussion and agreement on the Profile difficult, and as will be shown, in some cases
impossible.
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The evidence of this divide will be presented in several sections. First, selected
key terms and concepts crucial to understanding the Profile of Learning will be
introduced. Next, an outline of the legislative history of the Profile of Learning, in which
the elected representatives of the two Profile sides debated amendments and alternatives
to the policy, will be examined. Following a look at the legislative path, an examination
of two methods for reviewing the Profile, one sanctioned by the state, the other
nongovernmental, will be offered. Finally, presented will be a review of the cultural
divide and speculation on the future of Minnesota's latest venture in education policy.
Profile of Learning Concepts and Terms
Like any public policy, the Profile of Learning has its own collection of jargon
and terminology that must be understood in order to get the most complete picture. In
fact, many opponents of the Profile criticize the policy because of its complexity and
ambiguous definitions of terms. This section will familiarize the reader with several
terms that will reappear in the subsequent discussion.
An important concept found in discussions of the Profile of Learning is the
learning area. According to Minnesota Rules Chapter 3501.0320, subpart 2, paragraph b,
a "learning area means one of the [eleven] categories into which all preparatory content
standards and high school content standards are organized." When compared to
traditional instruction methods, a learning area is most like a subject or area of study.
The main difference between a Profile's learning area and a traditional subject is that the
focus of a learning area is less distinct and obvious, and covers a broader range of topics.
For example, instead of traditional subjects such as English and Math, the Profile features
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less confined alternatives, including "Read, Listen, and View," "Write and Speak," and
"Arts and Literature." As it stands now, the Profile of Learning incorporates 11 different
learning areas, including the aforementioned and others such as "Scientific Concepts and
Applications," and "Technical and Vocational Education."
A second set of Profile concepts needed to understand this policy is the ideas of
a performance package and content standards. A content standard is the "set of stateprescribed
specifications in a learning area" (MN Rules 3501.0320, subpart 2, paragraph
c ). Performance packages are the actual assignments that students must complete to
satisfy the content standards of the Profile of Learning. According to the state, a
performance package is "any assessment method that will measure demonstrated student
performance of the specifications of a content standard" (MN Rules 3501.0320, subpart
2, paragraph e). Each student would be required to complete a certain number of
packages from each learning area in order to graduate.
Some of the main controversies over the Profile have to do with performance
packages. The number of packages required for completion, who determines this
number, and who writes and constructs the packages are all controversial questions.
Each of these issues was addressed in the 2000 legislative session, and in the end
substantial changes to performance packages were enacted.
A third Profile issue that needs explanation is the idea of the legislature
enacting a moratorium on the requirements found in the Profile. Made popular during the
2000 session, several leaders, both Profile critics and advocates, called on the legislature
to exempt that year's and the next class of students from having the Profile as a
requirement for graduation. They argued that students should not be held accountable for
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any flaws in the Profile system until they can be fixed. Moratorium opponents found the
idea of lifting the requirements counterproductive to the state's goal of "high academic
standards for all students" (MN Statutes 2001, Chapter 120B.02, paragraph b ). If a
moratorium was imposed, they argued, there would be a good possibility it would never
be lifted.
Legislative Path of the Profile of Learning: 1999-2000
The Profile of Learning garnered a considerable amount of debate in the
Minnesota legislature throughout the 1999 and 2000 sessions. Although there was
discussion on the Profile before the 1999 session, the purpose of this section will be to
examine the legislative debates on the policy after it was made a statewide graduation
requirement in September 1998. After a review of sources covering the post-inception
debates involving the Profile, several themes become apparent: many of the same issues
and key players reemerge each year, and the strategy of both Profile critics and
proponents shifts after no resolutions are passed. Nevertheless, at the end of the 2000
session, some significant amendments to the Profile were resolved. Each of these themes
will be discussed in the following section.
"Dump it" vs. "Fix it": Polar Opposites and the 1999 Session
Some of the first legislative challenges to the Profile of Learning were introduced
from January to March of 1999. On January 26 the Minnesota House Education Policy
Committee heard testimony from a range of groups, many of which criticized the Profile
as being "too complicated, too prescriptive, and too easily misunderstood" (Lonetree, 27
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January 1999). These concerns are typical of what many believe to be the major
problems concerning the Profile. During the testimonies, one educator told legislators
that the Profile "cost him about three to four weeks of traditional instruction," meaning
that some conventional lessons may be sacrificed (Lonetree, 27 January 1999).
Using the knowledge gained from these hearings, the House Education Policy
Committee voted on February 9 to repeal the Profile of Leaming in favor of a more backto-
basics approach of education standards. The bill passed by the committee would have
kept the performance packages found in the Profile, but let local school leaders determine
the "guidance and assessment" of student performance. Rather than completing projects
in Profile learning areas such as "inquiry," "decision making," and "read, view, listen,"
students under the new law would concentrate their efforts on traditional learning areas
such as math, science, and reading. The Committee's decision to repeal the plan was
helped by the fact that Education Minnesota, the state's teacher's union, released a survey
in which a vast majority of educators voiced disapproval for the Profile (Lonetree, 10
February 1999).
Two days later, the full Minnesota House voted its approval to kill the Profile of
Learning. On February 11 the House voted 92-35 to pass the bill. However, outlooks for
further action on the bill looked grim, with the Minnesota Senate and Governor voicing
concerns about dumping a policy after only five months of existence (Lonetree, 12
February 1999). The House of Representatives' interest in ending the Profile was led by
Rep. Tony Kielkucki (R-Lester Prairie) and Rep. Marty Seifert (R-Marshall), both longtime
teachers. Kielkucki and Seifert listened to other educators' complaints about the
Profile, and then gathered the support of legislative colleagues with more than 140 years
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of education experience to push for a repeal of the graduation standard system (Lonetree,
14 February 1999).
As expected, the ambition of the Minnesota Senate to repeal the Profile was
markedly less than that of the House. On April 21, the Senate rejected the House's bill
that would have dismantled the Profile of Learning, and instead passed a less dramatic
bill that would instead change the number of performance packages students are required
to complete. The bill would let school districts decide on the number of performance
packages that are required for graduation. The state previously set the number at 24, but
the Senate bill would let local leaders and teachers decide (Lonetree, 22 April 1999).
Under the Senate bill, sponsored by Sen. Larry Pogemiller (DFL-Minneapolis), "a district
could vote itself down to zero Profile of Learning graduation requirements if its teachers
and school board members chose to do so." However, Pogemiller was confident that
districts would keep a high number of standards, for fear of being seen as "academic
slackers" (Draper, 25 April 1999).
The 1999 legislative drama over the Profile of Learning continued into May of
that year. After criticism from the Ventura administration, the Minnesota Senate
hardened its stance on keeping the Profile mostly unchanged by proposing that school
districts must maintain a minimum number of performance packages that students
complete. Education commissioner Christine Jax had been advocating that the legislature
must maintain a minimum number of content packages in order for the Profile to be
considered a statewide system of education standards. As a result, the Senate proposed
that districts must require students entering high school in 1999-2000 to complete 17
performance packages, 20 for those entering in 2000-01, and 24 for those entering in
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2001-02. This new Senate proposal was even further from the House's position of
completely doing away with the Profile (Draper, 8 May 1999).
Members from the Senate and House met in conference committee to work out a
compromise between the two positions. However, House members walked out of
negotiations, and no deal was reached. The 1999 session ended with no change to the
Profile of Learning, even with an eleventh-hour push to pass something before the
session ended. The positions of the two chambers of the Minnesota Legislature were too
far apart to reach a compromise. Education Commissioner Jax was disappointed with the
outcome, and blamed the stalemate on election-minded legislators not wanting to be seen
as reversing their positions on this important issue (Draper & Lonetree, 18 May 1999).
The 1999 legislative fight over the Profile of Learning contained three positions
that would reoccur in future sessions. First, the Minnesota House showed its
dissatisfaction with the graduation standards by voting to repeal the Profile and replace it
with "rigorous academic standards." These standards would revert to basic instruction
methods focusing on core academic areas, namely the three R's. The Ventura
administration, however, favored a more laissez-faire approach in 1999. The fiscally
responsible Governor voiced his concern that throwing out or drastically altering a
program after only six months was not the best decision for the students of Minnesota.
He also commented that the 1999 Senate plan to fix the Profile was "typical spineless
legislation" (Draper, 4 May 1999). Finally, the Senate held the median position in the
1999 Profile debate. Senators realized the need to amend the policy, but did not act with
the same knee-jerk reaction as the House had. As a result, the Senate passed legislation
that would keep the standards and content of the Profile, but would reduce the number of
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standards needed for graduation. Unfortunately, all three sides were too far apart for a
compromise to be made, and the session ended with no changes to the Profile.
Using Lessons Learned: Compromise and the 2000 Session
The legislative adventure of the Profile of Learning continued in the 2000 session.
Using the previous year as a guide, members of the House and Senate realized that more
compromise would be needed in order to enact any kind of change. The first salvo in the
2000 Profile war was fired on February 3. On that day, Education Commissioner Jax and
representatives from Education Minnesota called for a two-year moratorium on the
Profile of Learning. A moratorium, which would become one of the key issues in this
year's fight, would suspend the Profile graduation requirements for that year's ninth and
tenth grade students. However, districts would still be required to have the system in
place. Jax and the teacher's union cited growing frustration among educators in the state,
and stated that students should not be held accountable to a policy that has obvious flaws
(Draper, 4 February 2000).
Much like the previous year, the Minnesota House was the first to take major
action on the Profile of Learning in 2000. On February 17, the House passed a bill that
included an indefinite moratorium on the Profile of Learning. The House passed the
moratorium as an amendment to an unrelated K-12 education bill, leaving some to call
the action an "ambush" on the Profile. Further action on the House's moratorium bill
never occurred, with Senate leader Pogemiller calling the moratorium "political fun" on
the part of the House (Lonetree, 18 February 2000).
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Less than a week after the House voted to suspend the Profile, House member
Kielkucki, a major player from the 1999 debates, introduced an alternative plan to the
Profile called the North Star Standard. Similar to the 1999 plan he helped create, the
North Star Standard, according to Kielkucki, would build upon the Profile's learning area
format, but shift the focus of those areas towards more traditional coursework. Leaming
areas such as "inquiry" and "people and culture" would be replaced with areas centering
on English, math, and history. Elective areas would include topics such as vocational arts
and music. Also, performance packages would still be used, but their emphasis would be
decreased (Lonetree, 23 February 2000). Kielkucki's North Star Standard presented a
viable alternative to the Profile that would remain on the legislative scene for most of the
session.
The Minnesota Senate's first attempt in 2000 to deal with the Profile passed the
Senate K-12 Education Budget Division late on March 8. This plan, introduced by
Pogemiller, would allow individual school districts the ability to set the number of
standards that students must complete to graduate. Although a moratorium was not
included in the Pogemiller plan, individual students could be exempted from the
standards by the school board because of circumstances out of the student's control. This
plan represented a shift in the Senate's position by offering more changes to the Profile
than had been previously proposed (Lonetree, 9 March 2000).
The next day the House cut short the immediate future of the North Star Standard.
On March 9, the House Education Policy Committee voted down Kielkucki's proposal
and passed a bill that instead called for overhauls of the Profile similar to the ones passed
by the Senate panel the day before (Lonetree, 10 March 2000). The House's actions also
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represented a shift in the attitude of dealing with the Profile. Previously, the House had
shown little or no interest in plans that simply altered the Profile, but rather focused their
efforts on ending and replacing the Profile with more traditional instructional methods.
Not wanting to repeat their mistakes of 1 999, the House realized that compromise with
the Senate and Governor was needed in order to do something.
Just days after Pogemiller' s plan passed another committee and looked likely to
clear the entire Senate, the Minnesota House made an abrupt change in the compromise
to fix the Profile by again passing a bill that would allow school districts to end the
Profile and replace it with Kielkucki's North Star Standard. In a 68-66 vote, the House·
again widened its division with the Senate by proposing to let districts replace the Profile,
instead of amending them. The change in the House's position is attributed to the deep
anti-Profile sentiments of the House Republican caucus. House Speaker Steve Sviggurn
stated after the House's vote for the North Star Standard that he "would like to repeal the
Profile" (Lonetree, 17 March 2000).
The foundation of all politics was uniquely demonstrated in the 2000 debate on
the Profile of Leaming. Compromise between the House and Senate on how to deal with
the Profile became the focus at the end of the 2000 session. In conference committee,
negotiators from the House and Senate debated the specifics on what kind of changes to
the Profile would be sent to the Governor. In early April, the House dropped the issue of
an indefinite moratorium on the Profile. This change led Pogemiller, one of the Senate's
lead negotiators, to claim that a deal between the chambers was very close (Lonetree, 4
April 2000).
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The final compromise worked out between the House and Senate and signed into
law by Governor Ventura on May 25 (McAuliffe, 26 May 2000) left the Profile of
Learning intact, but with significant changes. Instead of requiring students to complete
all twenty-four performance packages, legislators left it up to school districts to decide
how many their students will complete. In addition, the new Profile lets local districts
decide how to grade the packages, no longer requiring districts to use the mandatory 1-4
grading system. Furthermore, districts could now grant waivers to students enrolled in
advanced placement courses or other types of rigorous study (Draper, 19 May.2000).
The revised Profile of Learning that came out of the 2000 session gave much of the
implementation control to the local districts. What would be taught is still decided by the
state, but local districts have a greater say in how it will be done.
Actions taken in the 2000 session finally resulted in changes to the Profile of
Learning. The need to "do something" about the Profile was a major reason as to why
anything was done. Although the House and Senate began the session with much the
same mentality as the previous year, the "do something" syndrome forced both chambers
to amend their positions and come
Corporate Interest and Public Attitudes: Genetically Engineered Food Policies Adopted by the United States and the United Kingdom
No full textNotwithstanding the propaganda issued by multinational GM food producers, to assume that genetically engineered food is the comprehensive answer to food shortages in the developing world is ridiculous. There is little data that suggests an increase in the overall food supply in the world will solve food crises in less developed countries or elsewhere. The problem is not only one of supply, factors such as uneven distribution of resources, and poverty contribute substantially more to world hunger problems. Even with genetically engineered food, the poor would not be able to afford it or have it distributed properly. In fact, the dependency upon multinationals for seeds could worsen the situation in the developing world. This discussion will examine important aspects of genetically engineered crop and food policy. A particular emphasis will be placed on differences in terms of regulation and development of the technology in the United States and the United Kingdom. The primary factors that have shaped the differences between policy in the US and the UK are land area, corporate influence, consumer attitudes, and the role of NGOs.Corporate Interest and Public Attitudes:
Genetically Engineered Food Policies Adopted by the
United States and the United Kingdom
MikeGahlon
5/22/02
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Since the early days of agriculture, genetic improvement of cultivated
crops has been practiced. Seeds from plants with favorable traits such as
superior insect resistance or drought tolerance were traditionally saved by
farmers for the next year's planting. The process became more scientific with
rediscovery of Gregor Mendel's studies on the laws of inheritance in the early
1900s. However, selective breeding of plants was always limited because plants
must be able to reproduce sexually with each other for it to work. That is not the
case today. Technological advances have allowed scientists to break this natural
barrier and incorporate genes from different species into the mix. Theoretically,
genes can be taken from any organism and transferred to another. The result is
a greater source of genetic material and favorable traits for breeders to choose
from. With this new technology has come new dangers and controversy.
Notwithstanding the propaganda issued by multinational GM food
producers, to assume that genetically engineered food is the comprehensive
answer to food shortages in the developing world is ridiculous. There is little data
that suggests an increase the overall food supply in the world will solve food
crises in less developed countries or elsewhere. The problem is not only one of
supply, factors such as uneven distribution of resources, and poverty contribute
substantially more to world hunger problems. Even with genetically engineered
food, the poor would not be able to afford it or have it distributed properly. In
fact, the dependency upon multinationals for seeds could worsen the situation in
the developing world. This discussion will examine important aspects of
genetically engineered crop and food policy. A particular emphasis will be placed
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on differences in terms of regulation and development of the technology in the
United States and the United Kingdom. The primary factors that have shaped
the differences between policy in the US and the UK are land area, corporate
influence, consumer attitudes, and the role of NGOs.
Background
The scientific application of Mendel's laws to plant breeding processes
combined with fertilizer and pesticide use led to a dramatic increased in crop
yields between 1950-1984. This period became known as the "Green
Revolution." However, after 1984 yields began to stay the same or even
decrease. It was discovered that these increased yields of these hybrid strains
came with costs, including environmental degradation and loss of genetic
diversity. Also, the new hybrid crops increased the competitive advantage of
large farm owners. Consequently, small farm owners were increasingly pushed
out of the market. It is apparent that many of these same costs are associated
with transgenetic crops.
American scientists created the first successful genetically modified (GM)
plant in 1983. At first, the trials were primarily conducted on tobacco but the
technology advanced quickly. The first genetically engineered crop available for
commercial sale in the United States was a delayed ripening tomato created by
Calgene. It passed all regulatory tests in the summer of 1994. This same
tomato was the first GM food available for sale in the United Kingdom. It was
sold in the form of tomato puree.
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By 1995, more than sixty plant species had been genetically modified and
over three thousand field trials had been conducted worldwide (Nottingham 6).
Progress came rapidly, especially in the US. The table shown below illustrates
the growth in commercial transgenetic crop cultivation between 1997-1998.
Land Area Sown Commercially With GM Crops in Millions of Hectares
Country 1997 1998
USA 8. 1 20.5
Canada 1.3 2.8
Argentina 1.4 4.3
Australia 0. 1 0. 1
Mexico <0.1 0. 1
Spain 0 0.015
France 0 0.001
South Africa . 0 <0.1
Totals 12 28
(Genewatch UK website)
From a strictly scientific viewpoint, there are basically two perceptions of
GM foods and crops. One is that genetic alteration of plants is just an extension
of traditional breeding practices. According to this hypothesis, it is merely a tool
for achieving desirable traits in plants just as selective breeding processes were
in the past. Not surprisingly, the main subscribers to this theory are researchers
employed by biotechnology companies that produce GM crops, such as
Monsanto and Aventis.
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The other scientific perspective views genetically altered plants with much
more caution. Under this view, genetic alteration is radically different from any
other sort of breeding method in the past. These individuals have a sound
argument in that genetic engineering in the lab has never been possible before.
Therefore, it deserves special attention and regulation. Emphasizing the risks
and questioning the current data available, proponents of increased regulation or
moratoriums consider genetic engineering to be extremely risky. The benefits
and dangers of GM crops and foods need to be examined closely
Scientific Benefits and Risks
The potential scientific benefits of GM foods are vast. Changes that
before took decades or were impossible with traditional breeding practices now
can be accomplished in the laboratory in a few years. Crops can be made more
resistant to certain viruses or diseases. Insect tolerance can be increased
resulting in less crop loss due to pests. Quality traits such as increased solids
content in fruit or altered protein synthesis in seeds are able to be encouraged.
Many of the biotechnology companies who create GM foods have also focused
their efforts on creating herbicide resistant strains. While this may be a benefit in
the sense that it facilitates the removal of weeds, it places an increased reliance
on environmentally damaging chemicals as well.
The potential threats posed by genetically modified crops are extensive
as well. The repercussions of change at the genetic level are still not fully
understood. These dangers can be divided into two categories: risks to
consumers, and risks to the environment.
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It is improbable, but not impossible, that eating foods manufactured from
transgenetic plants will harm consumers. This being said, the two main concerns
involve allergic reactions and antibiotic resistance. Allergic reactions to the
foreign genetic material in GM food could be quite harmful. This is unlikely to
occur in the US because the FDA ruled in 1992 that GM food must be tested and
labeled for allergy sensitivity if they have been created from any food known to
cause an allergic reaction (Nottingham 94). The UK requires similar labeling. In
a contradiction to its own policy, GM plants using bacteria DNA are exempted
from this law by the FDA.
Antibiotic resistance is another direct threat to human health posed by GM
foods. Antibiotic marker genes are almost always inserted into transgenetic
plants to distinguish them from regular plants. There is a concern that the
marker genes could transfer their antibiotic resistance genes to bacteria in the
stomachs of humans, thereby reducing the effectiveness of antibiotic drug
treatments. Numerous studies have shown that this does not happen but it
remains a concern nevertheless. For example, in 1996 the Advisory Committee
on Novel Foods and Processes (ACNFP) recommended that the UK vote against
the E U authorization for placing B.t. maize on the market. In its report, ACNFP
cited possible antibiotic resistance in humans an unacceptable risk (DEFRA
website).
There are also many theories about the potential environmental problems
GM crops could cause. GM plant manufacturers often deem these ideas
alarmist. However, many esteemed scientists and activist groups who recognize
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the global implications of widespread genetic alteration of plants do not share this
dismissive attitude. The concerns are legitimate, especially given the possible
repercussions they could have. Weediness, nontarget effects, pollen transfer to
other plants, new viral strains, and loss of genetic diversity are the primary
concerns.
Herbicide resistant GM crops may become weeds in the fields of other
farmers. Since these plants could not be controlled chemically, it would be
extremely costly and time consuming for farmers to remove them. Because of
their enhanced fitness, these plants could invade wild ecosystems as well. This
could have a devastating effect. Less fit wild plants could be driven to extinction,
disrupting the natural ecosystem and thereby hurting other organisms as well.
Transgenetic plants that have been engineered to produce pesticides
could poison organisms other than those specifically targeted. Beneficial insects,
fungi, or soil organisms could be killed along with their harmful counterparts
(Rissler & Mellon 42).
Pollen transfer from cultivated plants to their wild relatives could make for
herbicide resistance wild plants. This is very likely to occur in regions where the
relatives of GM crops grow in close proximity to where they are cultivated. Much
like the invasion of cultivated GM crops into wild ecosystems mentioned above,
this genetic transfer could also make certain wild plants better suited for survival.
In this case a cascading effect could occur that has the potential for altering the
makeup of the entire ecosystem. A good example of a cascading effect is the
one caused by the insecticide DDT. By moving through the food chain it was
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ultimately able to effect the reproductive cycle of birds, an unexpected effect to
say the least. These altered plants could invade new habitats or wipe out other,
less fit local plants (Rissler & Mellon 41 ).
Viruses that attack transgenetic crops may transform into new viruses.
This could allow the new viruses to attack different hosts or have different
adverse effects. Several studies have demonstrated this occurring with
transgenetic cauliflower.
Genetic diversity is lost in the genetic modification process more so than
in other breeding practices. If farmers become dependant on transgenetic crops,
diversity will suffer because each transgenetic plant is identical to the one next to
it. With less genetic diversity comes the greater risk of mass crop losses due to
diseases or pests. An example of this is the corn-leaf blight of 1970 experienced
in the United States. Genetic uniformity left the nation's corn supply vulnerable
to disease that wiped out more than 1 billion bushels of corn (Raeburn 133). The
National Academy of Sciences stated, "The key lesion of 1970 is that genetic
uniformity is the basis of vulnerability to epidemics" (Raeburn 141 ). A broad
genetic spectrum provides protection from unforeseen disasters. Diversity is a
precious resource, and once lost there is no way to bring it back.
The most significant problern with GM Crops is that scientists still can't be
sure of their impact on surrounding ecosystems. The technology is so new that
its full-scale effects remain unknown. In spite of all the testing that has been
done to this point, long-term environmental effects are unknown. Many of the
field tests simply check to see if the crop is growing as expected rather than
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looking at the wider ecological effects. This quote from a special briefing at the
House of Commons in the UK puts the situation into perspective.
"In industrial systems, time is money: Speed is tied to efficiency
because of competition and the need for returns on investments.
The control and compression of time is central to the creation of
profit. By contrast, in nature everything has its own time, rhythm
and season. This natural time is a barrier to productivity and profit."
Taken from the Politics of GM Food: Risk, Science, and Public Trust Special
Briefing #5, ESRC Global Environmental Change Programme, University of
Sussex October 18th 1999 (www.globalissues.org).
When examining the issue from a political point of view, far more complex
issues emerge. The potential benefits of GM foods are exciting. The huge
multinational biotechnology corporations that produce these crops have
incorporated this into their public relations campaigns with promises to "feed the
world." Is that the goal of these biotech multinationals? Consider this, in 1998
Genetech (a leading US biotechnology company) had four times as many
lawsuits to protect its patents than it had products. More than one company has
been created in the US to buy up broad patents and then sue other companies
for infringements (Resurgence March/April 1998). There are questions about the
motives behind the creation of GM crops such as "Who will these crops benefit?"
There are also those who worry about the way the issue is currently being
resolved. Examples of these include concern about resistance to labeling laws
and the speed at which the technologies are being pushed through are. Nongovernmental
organization groups such as Genewatch UK, Greenpeace,
Christian Aid and others who favor increased regulation support this position.
This portion of the discussion will focus on the main controversial political issues
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of GM crops. These include labeling concerns, patenting laws, terminator genes,
and potential impacts on the developing world.
Labeling
Labeling is a matter of consumer choice. Even if there are no known
harmful effects from GM foods, some consumers may choose not to eat them.
Even the absence of conclusive scientific evidence that shows GM foods to be
substantially different from normal foods does not mean that they shouldn't be
labeled. The unknown or unexpected effects of altering a plant using genetic
engineering warrant mandatory labeling for all GM foods. This is unlikely to
occur in the US, where corporate interests have consistently been placed above
consumer rights. The backwardness of US policy towards GMs is clearly evident
when labeling is examined. The outlook in the UK is brighter, due to higher
consumer awareness and protest combined with a much weaker biotechnology
lobby. The political climate in the UK and the increasing power of the EU may
facilitate mandatory GM labeling in the future.
Labeling can be bad for business. The food industry learned this from
irradiation. Consumer pressure resulted in voluntary irradiation labeling practices
by supermarkets both in the US and the UK in the late 1980s. Regardless of the
assurances offered from manufacturers that the food was safe, people chose to
buy foods that were not irradiated. It is no wonder than that the MNCs who
produce GM crops strongly resist any mandatory labeling law. Their influence is
stronger in the United States, where labeling laws are looser than in the UK.
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Labeling of genetically engineered food is not completely mandatory in the
United States. It is governed by the principle of "substantial equivalence."
Because most foods are processed, the differences between modified and
unmodified foods are difficult to distinguish. The foreign DNA should be
destroyed during the manufacturing process so the logic is that there is no need
for labeling. Even unprocessed foods do not have to be labeled if they pass the
Petition Process mentioned in the regulations section. This means that GM food
has to be proven to be substantially different if it is to be labeled. Adhering to this
principal, the FDA has adopted the position that its role is to regulate the safety
of food products, not production processes (Priest 87). The EPA only gets
involved if the GM crop produces pesticides, so they don't deal with many foods
intended for human consumption.
The labeling process in the UK is similar in some respects. However, the
presence of the FSA whose task it is to protect consumer interests with specific
regards to GM foods is an important difference. Heavily processed GM food (i.e.
vegetable oils) does not have to be labeled if it is indistinguishable from
unmodified food. Any unprocessed food that is GM now has to be labeled in the
EU. This is not the case in the US. If GM foods pass the Petition Process, they
can be labeled like any other food. Additionally, GM foods in the United States
can currently be labeled organic if they are manufactured without pesticides.
This is not the case in the UK. The EU introduced extensive labeling controls in
Europe in 1997. These regulations were strengthened in 1998 and again in 2000
(FSA website). Interestingly, the first GM foods sold in the UK (tomato puree and
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vegetarian cheese) were labeled by the supermarket chain even though they had
no legal obligation to do so. Indeed, several supermarket chains boycotted GM
foods altogether in the 1990's. In 2001, legislation was introduced at the EU
level to require the labeling of any food produced using GM ingredients
regardless of the manufacturing process used. It will be interesting to see the
economic and political impacts of this act if it passes. This is improbable though;
the US would use its influence in the World Trade Organization and other
international organizations to pressure the EU if this were to occur.
Labeling will become increasingly difficult in the future. Pollen transfer
from GM crops to their non-GM relatives will pass the engineered traits along.
This has already occurred in GM maize and soybean crops. It will continue to
occur because pollination is a natural process that cannot be stopped.
With labeling comes the assumption that the label is there for a reason, that the
label is intended to warn the consumer of a potential risk. This is one reason
why there is no single agency in charge of regulating GM foods in the US. It
provides a convenient loophole. By classifying GM foods as pests or pesticides
when they are in fact neither, the US government has in effect dodged the issue.
The labeling aspect of the GM food issue magnifies the irrationality and
shadiness of the current system in the United States.
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Patenting
"Biopiracy and patenting of indigenous knowledge is a double theft
because first it allows theft of creativity and innovation, and
secondly, the exclusive rights established by patents on stolen
knowledge steal economic options of everyday survival on the
basis of our indigenous biodiversity and indigenous knowledge.
Over time, the patents can be used to create monopolies and make
everyday products highly priced."
-Vandana Shiva, Indian Activist. (Taken from www.globalissues.org)
Multinational companies own patents on a wide variety of genetically
modified organisms and the processes used to manufacture them. These
patents grant exclusive rights to the GM, and prevent other companies from
infringing on them for up to 20 years. The multinationals see these patents as
essential. They protect the large investments in research and development that
must be made to produce the "improved" crops. This is accomplished through
licensing agreements that require the payment of royalties and/or licensing fees
for the patent rights. For example, royalties must be paid for the use of
transgenetic crop seed and for all seed derived from that crop throughout the life
of the patent.
In the US, patenting was extended to GM organisms in 1980 by the
Supreme Court case Diamond v. Chakrabarty (Doyle 45). The case granted GM
a patent on a bacteria that was genetically altered to digest oil slicks. In this
case, the traditional argument of "product of nature" was rejected for the first
time. The case paved the way for biotechnology companies to patent their plant
strains. There was little public controversy in the United States over this
decision.
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During the late 1980s, the European Patent Office (EPO) granted patents
on a case-by-case basis. Under strong public pressure in 1995, the EPO
stopped issuing patents to transgenetic plants. The EC soon reversed this
position by amending its Directive in 1997. In the UK, broad patenting rights
were granted to genetically altered plants under the European Commission's
Directive on the Legal Protection of Biological Inventions in 1997 (FSA
webpage). This decision was motivated by a concern that European biotech
interests would be left behind those in the US. Also, US multinationals lobbied
hard for the extension of patenting rights to plants, as they were the ones with
the most patents pending in the EPO.
Globalization has expanded patent rights across boarders. The Wo
The Arctic National Wildlife Refuge: Its Fate Lies in Our Hands
No full textThe fate of the Arctic National Wildlife Refuge (ANWR) is currently a hotly debated issue among politicians in Washington. The ANWR consists of 19.8 million acres located in the northeastern corner of Alaska. It is believed to contain enough oil to support the entire United States for approximately 200 days. As a result, it is being threatened by those interested in oil and the profits such exploration would generate. This now pristine land, home to the Gwich'in Indians, could be tomorrow's natural nightmare. This large issue impacts not only our environment, but the future of the Gwich'in Indians. Who should have the power to determine the fate of this land? Should it be developed for oil or are there other energy alternatives? My thesis focuses on the options available to Americans and who should be empowered to make the final choice among those options.Tts Fte Lies in 01ir Hanrls.
Der.em her 1 '\ 1 996
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Chapter Three:
Chap ter Four:
C:hapte r Five:
C:hapter Six·
Chapter Seven:
rONTNT'-!.•
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My Thesis
The Alask1111 View On .A NWR_
What Is Fair .And Who R_eally
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.American's Serengeti. no We Want To
RiskThe Possihle negr11rlation That
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Mayhe There W11s Some Goocl
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Are The Key To 011r F11t11re 34
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ALASKA
The fate of the Arctic National Wildlife Refuge is a matter of great national
significance, and should not be summarily treated by this Congress as just another
revenue item. The wildlife and wilderness values of the refuge are irreplaceable
resources that we have the opportunity to pass on to future generations.'
The fate of the Arctic National Wildlife Refuge (ANWR) is currently a hotly debated
issuramong politicians in Washington. The ANWR consists of 19.8 million acres
located in the northeastern corner of Alaska. It is believed to contain enough oil to
supl'.rt the entire United States for approximately 200 days. As a result, it is being
threatened by those interested in oil and the profits such exploration would generate.
This now pristine land, home to the Gwich'in Indians, could be tomorrow's natural
nightmare. This large issue impacts not only our environment, but the future of the
Gwich'in Indians. Who should have the power to determine the fate of this land? Should
it be developed for oil or are there other energy alternatives? My thesis focuses on the
options available to Americans and who should be empowered to make the final choice
among those options.
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CHAPTER ONE: MY THESIS
In this paper, I will argue that oil exploration in the ANWR would be
reprehensible. I will argue this conclusion is mandated for two fundamental reasons.
First of all, oil development in this region could, and would, produce environmentally
catastrophic results. With very few pieces of pristine land remaining on our planet, it is
America's moral duty to protect and preserve the pieces that remain. Secondly, oil
development in this region could destroy another Indian culture, the Gwich'ins.
Americans have already destroyed an exorbitant number of Indian cultures. Ii is
America's moral duty to protect those cultures that remain.
The fate of the ANWR is a strongly debated issue throughout the United States,
rather than simply in Alaska. Through many past events in American history, state
power has been transferred to the national government. In this case, Alaska is left
without control over the jurisdiction of much of its land. If federalism had not evolved
and if states had retained more of their original powers, this would not be an issue facing
all Americans today. However, through the evolution of federalism, this issue has
become a national interest, leaving Alaska at the mercy of the entire United States.
Without approval from Washington D.C., Alaskans cannot drill for oil. Federalism, I
will argue, has been a blessing to our country. The evolution of federalism has resulted
in the empowerment of the federal government, which reflects the collective conscience
and values of all Americans. At the same time, it has resulted in the disempowerment of
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local governments, which tend to reflect the short-term and parochial interests of a small
number of people. I believe that this has been a salutary development for those of us
interested in protecting our environment and our native cultures.
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CHAPTER TWO: FEDERALISM
American citizens hold dual citizenship: citizenship in their home state and
citizenship in the United States. "This duality stems from our federal system, in which
power is shared by the national [federal] government and the fifty state governments. "2
Each of these governments, national and state, claim sovereignty. These sovereign states
have the authority over the resources and people within their jurisdiction. Therefore,
citizens living within a state in the United States are living under the jurisdiction of that
sovereign state. Americans also live under the jurisdiction of the sovereign United
States. Some examples of the major powers at the federal level include to tax for federal
purposes, to provide currency and coinage, and to provide an army and a navy.
Examples of major powers at the state level include taxation for state purposes,
regulation of trade within the state, maintenance of police forces and furnishing public
education. The federal government is also delegated to "make all laws which shall be
necessary and proper"3 for the execution of all powers vested in the United States
government. The state governments get to exercise all "powers not delegated to the
U.S. _by the constitution, nor prohibited by it to the States," except those "reserved
to ... the people."
When the Constitution was written, the framers were generally afraid of tyranny
from one strong central government. The central government was only provided with
the powers necessary to keep our country united and to carry out legislation that could
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not be carried out at the state level. James Madison was a strong supporter for the
national government and, in Federalist Number JO, he explains how power can be
minimized and controlled. He writes, "The Federal Constitution forms a happy
combination in this respect; the great and aggregate interests being referred to the
national, the local and particular to the state legislatures. "4 Madison believed we needed
a strong national government to handle issues which affected all Americans and could
not be handled by our state legislatures. These prominent issues of his time, which still
affect us today, were responding to state disputes, creating an armed force, and
protecting the interests of the minorities within particular states.
Madison sincerely had an interest in minorities and in issues affecting all
Americans. He writes:
The smaller the society, the fewer probably will be the distinct parties and
interests composing it; the fewer the distinct parties and interests, the more
frequently will a majority of individuals composing a majority, and the smaller the
compass within which they are placed, the more easily will they concert and
execute their plans of oppression. 5
Madison believed that if we had a government that encompassed a larger group with a
larger array of parties, ideas, and interests it would be less likely, or even impossible, for
a majority within a state to infringe upon the rights of other citizens or minorities within
that state.
It seems as though America's national government keeps getting stronger and
stronger at the expense of our state governments. Did our framers nightmare come true?
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Has our national government become too strong? Or is the United States simply
becoming so interconnected with the issues it faces today, that our national government
has been forced to take more control over these issues? Alaska, as a state, has admitted
feeling a loss of control and a loss of sovereignty to the United States national
government. What caused this transfer of power from our states to Washington D.C.?
Crisis Number One: The Civil War
The Civil War occurred because our nation was unable to compromise and work
together on the legislation of the United States. The South had the view explained by
the renowned South Carolina politician John C. Calhoun. He believed: "the states
created the nation. Each state was a sovereign community that voluntarily entered into a
contract with the other states to form the national society. A more or less logical
deduction from this view was that the state, having agreed to form the Union, could also
dissolve it. "6 For example, in 1860, South Carolina seceded from the union. The
secession was the culmination of the neverending disputes over the rights of states to
govern themselves. This dispute centered around the issue of slavery. The
announcement of the South's secession followed the announcement of Abraham Lincoln's
preidential victory. South Carolina, and many other Southern states were disgusted by
this victory and feared they would lose power to govern themselves. In their declaration
for secession, South Carolina said:
On the 4th day of March next this party [Lincoln's] will take possession of the
Government. It has announced that the South shall be excluded from the
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common territory, that the Judicial tribunal shall be made sectional, and that a
war must be waged against Slavery until it shall cease throughout the United
States .... The guarantees of the Constitution will then no longer exist; the equal
rights of the States will be lost. The Slaveholding States will no longer have the
power of self-government, or self-protection, and the Federal Government will
have become their enemy . 7
Lincoln argued, however, that what was needed to be done as a nation revolved
around the interests of the majority "held in restraint by constitutional checks and
limitations. "8 Lincoln believed despotism or anarchy would result if we ruled in favor of
the minority. The minority in this case was the South, which included South Carolina.
Daniel Webster, a senator from Massachusetts, agreed with Lincoln. Webster
argued "the United States was created not by a compact between the states but by the
people of the United States in aggregate. "9 Webster, as well as Alexander Hamilton,
believed that in order to secure the United State's goals and its cohesiveness, national
action was absolutely necessary. Webster believed our state governments had neither the
capability nor the interest in addressing the problems of the nation: slavery, land use,
waterway development, and transportation. These issues could best be addressed at the
national level.
The North's triumph not only abolished slavery but also led to a major expansion
of power to the federal government. "During and after the civil war, federal involvement
in banking, transportation, higher education, and land management broadened
considerably, as Webster and Lincoln had argued it must. "10
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Crisis Number Two: The Industrial Expansion
In the second half of the 19th Century, throughout the nation there was a vast
expansion of industry. "With the emergence of giant corporations whose interests
stretched across state Jines,- state governments found it nearly impossible to regulate
commerce and industry. "11 When the constitution was first written, it delegated power
to the states to regulate trade. With industrial expansion and corporations moving
across state boundary lines, problems arose over the regulation of trade from one state to
the next, so the United States Congress established new regulations for the conduct of
trade. Our Congress encouraged competition by reducing monopolies. Congress also
sought to develop regulations to help protect our citizens. They began regulating banks,
food, and drug industries. The federal government was becoming involved to an
unprecedented degree in the regulation of business.
Crisis Number Three: The Great Depression
With the collapse of our national economy in the 1930s, millions of citizens
became unemployed, and our states were awestruck as to how to deal with the situation.
President Franklin D. Roosevelt argued in his 1933 inaugural address that since the crisis
was national, the solution also had to be national. These national problems brought
more power to the national government and lessened the powers at the state level.
These three crises contributed to the allocation of more power to the national
government. Due to the impossibility of solving our now "national" problems at the
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state level, our national government inherited power previously held by our states.
Because our states continue to grow more interdependent and interconnected amongst
each other, our sense of federalism has changed. This has affected the way our states
govern today.
To explain how federalism has changed, the metaphors oflayer cake federalism
and marble cake federalism have been developed. Layer cake federalism existed to a
much stronger degree at the birth of our nation. This form of federalism describes
government powers as complete, separate layers. Our national, state and local
governments each had their own distinct powers. However, through time, these layers
began to overlap. This is known as marble cake federalism. Through the crises described
previously, former state powers gradually dissipated into the power of the federal
government. This form of federalism has given power previously allocated to the states,
to the federal government. Our states have lost some of their sovereignty and many are
not happy, as will be seen in the case of Alaska.
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CHAPTER THREE: THE ALASKAN VIEW ON ANWR
The majority of Alaskans feel the federal government has infringed upon their
sovereign rights. However, there is a minority who are opposed to oil exploration in the
ANWR.
After the Civil War and into the 1900s, the United States' federal government
obtained more control over the United States' land. Before this time period, America
had been growing in size and expanding at such enormous rates that there was actually a
feeling of endangerment to our wilderness. Beginning with the work of John Muir and
Gifford Pinchot, a preservation/conservation view began in the United States. Many
Americans felt a need to preserve some of our land for its intrinsic value. Would
America's westward expansion destroy the beauty of America? To protect America's
beauty, our national government designated large sections of land in the west as national
parks. Two-thirds of this land, however, fell within the boundaries of Alaska. The
reason for this was the fact that Alaska consisted of a massive amount of uninhabited
land, much of which, still to this day, is untouched by man. Alaska's environment also
consists of a very fragile ecosystem which is affected greatly when touched by the
industrial person. With much of Alaska's land being controlled by the United States'
national government, Alaska has lost much power to determine the usage of their land
and resources.
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The majority of Alaskan's feel it is no one's business but their own how they
decide to use their land. Alaskans feel they know what is best for them and what is best
for their environment. John Gamash, an Alaskan citizen made the comment: "With
ANWR, we are not talking about strip mining, we are talking about poking a hole in the
ground. Alaskans know what is best for them. They do not want dirty water, or soiled
ground any more than anyone else does. "12 Alaskans do not believe that they will do
serious harm to their environment. They are convinced that they themselves are
environmentalists and would never do anything that would potentially do great harm to
their ecosystem. Alaskans believe drilling for oil in ANWR can easily be done without
harm to their ecosystem. Frank E. Baker, a 50-year Alaskan citizen, had this to say about
hat ANWR will not do their ecosystem:
The emotionally-charged, misguided belief that Alaska will become another New
Jersey waste dump, and that Alaskans will allow it to happen in their zealousness
to secure economic development, is stupidity on a scale I cannot begin to
fathom. I am angered that Alaska, and other Western states, have to remain
victim's of Beltway Congressmen and others' guilt over respective states.13
Many Alaskans feel that they are being punished for other states' bad history of
environmental degradation. I have gotten the impression that Alaskans in general care
very much for their environment, but they still need to survive economically in this
world. The only way that they can compete in our world's economy and within the
United States' economy is if they have the freedom to use their resources for
development. Oil development, for example, would produce jobs for Alaskans and
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products for them to sell on the market. Oil, especially, is a great marketable product.
Countries have gone to war over oil. Alaskans also are willing to settle for a smaller
profit than their constitution claims they deserve. Peter Farris of Alaska said:
What the heck., the people of Alaska are willing to settle for a 50-50 split of
whatever might be found, just to get the U.S. to let us look for it--when we are
entitled to 90 percent of that oil by law. I say, if you Americans want to
arbitrarily tell Alaskans what we can do in Alaska, then you'd better get out your
checkbook, you forget that if ANWR contains resources to which Alaska has a
right, and you prevent us from accessing them, then we have been damaged.14
This quote, I believe, is quite disturbing. It demonstrates great self-centeredness. What
about the animals that live in this area? And what about the Gwich'in Indians who live
off the land in the ANWR region? Will they not be damaged also?
The Gwich'in people rely on the Porcupine Caribou herd for survival. The
caribou's calving grounds would be threatened by oil development. "This is a simple
issue. We have the right to continue our Gwich'in way of life. We are people. We still
do caribou dance, sing caribou song, wear the hide, use bone for tools, and tell the story.
Caribou is how we get from one year to another. "15 Americans have destroyed virtually
all its native cultures'. It is possible that we could destroy the Gwich'in culture also if we
develop oil in the ANWR.
We Gwich'in are among the most traditional of surviving native cultures. Our
relationship with the caribou is like the relationship of the Plains Indians to the
buffalo .... before the buffalo vanished. Now we fear that the Porcupine Caribou
Herd will go the way of the buffalo.16
The majority of Alaskans consider themselves losers in this sovereignty battle.
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Their loss of sovereignty has been detrimental to their economy and their chance for
prosperity. However, there are some Alaskans who are grateful that the ANWR has not
been developed. One minority group in particular is the Gwich'in Athabascan Indians, as
discussed above.
These Indians live in northeastern Alaska and northwestern Canada. If oil
development were to occur, their culture and livelihood could be destroyed.
More than anything else, Gwich'in survival depends on caribou for food, clothing
and culture. As the North American continent's northernmost Indians, the
Gwich'in trace their ancestry to this particular region of the world, and
specifically, its Porcupine Caribou Herd .... In fact, they call themselves "people of
the caribou". 17
The majority of Alaskans (European Americans) speak out only for their own monetary
self-interest. They have forgotten the Indian people that call the ANWR their home.
This is an example of Madison's belief that a federal government could protect a minority
from the majority.
The Alaskans are frustrated with what federalism has done to their state. They
believe that they know what is best for their state. However, as you can see from above,
there is a minority whose interests are not being heard clearly. The nonnatives believe
they know what is best and claim they would never do anything that could cause
environmental degradation. But most Alaskans are not even considering the lives of the
natives. Gary Melvin King from Alaska remarked:
Most of those opposed to the opening of ANWR seem to be those who have
NO!!! idea of what living in Alaska is all about. Those ofus who choose to live
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here care a great deal about the environment. If you think for one second that I
would support anything that hurts this way oflife you are crazy.18
Although I may have no idea of what living in Alaska is all about, I definitely believe
that the Gwich'in Indians do. The Gwich'ins definitely would be affected if oil was
developed. Americans have destroyed virtually all native cultures, it would be morally
wrong to destroy one of the few that remains.
Has America's new form of federalism gone too far? Does the national
government have too much power or is this power needed to protect the minority
Indians? And what about our national environmental interests? These will be the
questions to ponder in chapter four.
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CHAPTER FOUR: WHAT IS FAIR AND WHO REALLY KNOWS BEST?
From the last chapter, we could conclude that the majority of Alaskans feel that
only they could make the best decisions regarding political issues in their state. Alaskans
claim that oil development in the ANWR could be completed in an environmentally
sustainable way. On that note, Alaskan
The Injustice of Patriarchy
No full textThis paper explores the injustice of patriarchy as a social system that upholds male dominance and gender privilege, and perpetuates the oppression of women. Because the nature of an asymmetrical relationship inevitably coexists with economic factors, the focus rests upon the occupational sphere and the gender inequalities, which comprise it. In addition, because patriarchal ideologies are so ingrained in our culture, it is necessary to have an understanding of how and why patriarchy has been maintained and perpetuated to the extent that it is embodied in our everyday lives. By examining the state of women's rights within the historical framework of American jurisprudence, it is possible to gain insight into the deeply rooted principles that uphold and justify patriarchy. It becomes evident that law, the institutional component of patriarchy, and societal norms share a complex and powerful relationship. They exist as independent entities, yet unite and play off one another to legitimize and foster the acceptance of 'male' as the norm and 'female' as the deviation.GUSTAVUS ADOLPHUS COLLEGE
THE INWSTICE OF PATRIARCHY
A THESIS SUBMITTED TO DOCTOR CHRISTOPHER GILBERT
DEPARTMENT OF POLITICAL SCIENCE
BY
JENNA MARIE ZEI
MAY 1999
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TABLE OF CONTENTS
INTRODUCTION ........................................................ I
I. INJUSTICE: THE EXISTENCE OF OPPRESSION ............ 6
IN THE ECONOMIC SPHERE
II. PATRIARCHY DEFINED ......................................... 11
III. THE CASES: REFLECTIONS OF A ........................... 15
PATRIARCHAL CULTURE
CONCLUSION .......................................................... 35
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Introduction
Within the historical context of our nation, the recurrent theme of patriarchy has
existed in a multitude of forms. In its broadest sense, patriarchy can be defined in terms
of the asymmetrical relationship between males and females, which ultimately results in
the supremacy of males. 1 The nature of patriarchy, by placing power, dominance, and
control as fundamental features of our social structure, has continually served as a
means of rationalizing the unequal position men and women hold within the labor force.
The constraints that stand at the root of this imparity, oppression and domination are
inherent in a patriarchal society. Together these constraints constitute a form of
injustice and are manifested in the existence of the wage gap, occupational
segregation, and general economic inequality between men and women.
This paper explores the injustice of patriarchy as a social system that upholds male
dominance and gender privilege, and perpetuates the oppression of women. Because
the nature of an asymmetrical relationship inevitably coexists with economic factors, the
focus rests upon the occupational sphere and the gender inequalities, which comprise
it. In addition, because patriarchal ideologies are so ingrained in our culture, it is
necessary to have an understanding of how and why patriarchy has been maintained
1 Social arrangements by which on group is dominant and another subject are often called "asymmetrical"
relationships. They are quite common; sexism is one variation on a familiar theme. The term "asymmetrical" is used
to define the relationship between males and females as it exists in a patriarchal society. The idea of asymmetrical
relationships is found throughout this paper and is derived from Judith A. Baer, Women in American Law (New York:
Holmes & Meier Publishers, Inc., 1991 ), p. 3.
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and perpetuated to the extent that it is embodied in our everyday lives. By examining
the state of women's rights within the historical framework of American jurisprudence, it
is possible to gain insight into the deeply rooted principles that uphold and justify
patriarchy. It becomes evident that law, the institutional component of patriarchy, and
societal norms share a complex and powerful relationship. They exist as independent
entities, yet unite and play off one another to legitimize and foster the acceptance of
'male' as the norm and 'female' as the deviation.
Patriarchal principles have governed this society since its onset. They have served
as a means by which to validate the role assignments necessary to sustain the
oppression of women, and male domination. This injustice has resulted in the
assignment of women to the domestic sphere of society, a position viewed as
subordinate to men's role as head of the occupational sphere. Men have consistently
enjoyed the economic rewards of this elevated status, while women have struggled to
overcome the constraints on their ability to dictate the courses of their lives beyond their
prescribed realm of domesticity.
I posit that the legal system in this country, and specifically the courts, have
throughout history, possessed the power to alter the patriarchal ideologies on which our
society is based. They have had the ability to rectify the oppression women have
continually been subjected to, specifically with respect to their prescribed place within
the occupational sphere. Though gender segregation within the labor force has seen
some improvement, and although the wage gap has gradually narrowed, the continuity
of economic inequality and male gender privilege is undeniable. I maintain that the
obvious economic injustices women currently experience can be attributed to an
unmistakable male bias in constitutional interpretation throughout history, as well as
judicial endorsement of women's inferior status. That the reinforcement of male
superiority has characterized the legal discipline is not surprising given its tradition as a
male activity, developed, governed and controlled by men. This biased historical nature
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of constitutional doctrine is responsible for the obstacles women have experienced and
currently face when attempting to construct convincing constitutional support for their
arguments and assertions.
This paper is a compilation of a multitude of diverse sources. It consists of
knowledge gained from various classes, numerous readings by feminist philosophers,
in-depth analysis of Supreme Court cases involving women's economic and
occupational rights, primary and secondary sources based on women's rights, equality
and their position within the law, past and present labor statistics, and finally my own
interpretations, arguments and sentiments. The paper is divided into three main
sections that together provide insight into the injustice inherent in a patriarchal culture.
explore this injustice in its present form, as well as in a historic context as it has been
rationalized, supported and perpetuated by an unjust legal system.
The first section examines the conception of injustice as it is constructed and defined
by feminist philosopher Iris Young.2 Though the constraints that cause this type of
injustice are two-fold, the focus in this section is oppression. I explore three types of
oppression as Young has presented them and their role in the patriarchal framework of
our social system. I extend these faces of oppression in order to explain their role in the
existence of occupational segregation, of a marked wage gap, and of economic
inequality. I present a statistical analysis of occupational segregation and the wage
gap, and provide an understanding of the causal relationship between the types of
oppression and the statistics. The purpose is to provide insight into women's relative
status in our current patriarchal system.
As stated above, oppression is one of two constraints that define Young's conception
of injustice. That patriarchy brings about oppression in undeniable, however, it is better
defined in terms of the second constraint: domination. The second section focuses on
2 Iris Young, Justice and the Politics of Difference (Princeton: Princeton, 1990), p.39.
3
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the nature of patriarchy, its defining characteristics and core principles, as well as our
patriarchal culture. With a clear understanding of patriarchy and its central tenets
established, I then extend my examination to the role of patriarchal ideologies within the
law. It is essential to explore the existence of male dominance and bias that has
characterized this country's legal system. This contributes to a better understanding of
its role in the continuity of patriarchy and in women's past and present inferior economic
status.
The final section consists of nine landmark court cases, as well as corresponding
statutes, amendments, and acts which have been pertinent to the relative legal status of
women. The cases outlined in this section represent more than a century of legal
constraints on women, and specifically their restriction in the economic sphere of
society. The cases themselves, as well as the particular time span into which they fall,
represent both the sentiment and timeframe most indicative of law as the institutional
component of patriarchy. Initially I present series of eight Supreme Court cases that
begin in 1872 and continue through 197 4. Apart from their oppressive undertones
placing women within the domestic sphere, precedent and violations of women's basic
constitutional rights link the cases. The ninth case, decided in 1986, is a case not
brought before the Supreme Court. Though it does not have the same connective
relationship present in the first eight cases, it is important to examine nonetheless. It
presents a different angle on the measures used to uphold patriarchal ideologies.
Taken together, all nine cases constitute constraints on women's ability to dictate the
courses of their lives beyond the realm of domesticity.
Ultimately, it is my purpose to facilitate a greater comprehension of the patriarchal
ideologies ingrained in our culture and social experiences. Equally as important is
understanding how and why patriarchy remains such a powerful tenet. The failure of
our legal system to utilize its power early on in order to change women's prescribed
subordinate role in society, has had a detrimental affect on their economic standing.
4
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Proof of the ramification lies in present economic inequalities and the constraints that
hinder the attainment of justice.
5
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I.
Injustice: The Existence of Oppression in the Economic Sphere
Iris Young's conception of justice serves as a starting point in understanding the
existence of oppression in the social experiences of women, specifically those related to
their position within the labor force. Justice in this respect can be attained through the
cultivation and utilization of individual abilities as well as the unification of individuals'
knowledge, ideas, needs, desires and actions. Young further explains that injustice
refers to two forms of disabling constraints: oppression and domination.3 These
constraints stand at the root of occupational segregation, the existence of a marked
wage, and ultimately, economic inequality.
In order to better understand the injustice women currently face in the United States
labor force, it is necessary to explore each of the two constraints. This initially requires
an understanding of three of the five faces of oppression Young introduces, as they
apply to the social group of women: exploitation, powerlessness, and cultural
imperialism.4 Because oppression and domination are so intimately linked, it is
essential that domination be equally regarded as it stands in relation to oppression.
However, domination will be explored in depth in the next section, as it is a defining
3 Ibid. p. 39.
4 Ibid. p.40.
6
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tenet of patriarchy, whereas oppression is a direct result of patriarchal ideologies.
All oppressed people encounter the common condition of injustice. They are set
apart from at least one other group; as a result they are immobilized and reduced as
individuals. In order to understand how Young's faces of oppression are applied to
these groups, in this case women, it is important to understand how oppression relates
contextually to their members. Individuals that constitute an oppressed group face
distinguishing characteristics that enter their lives in a number of ways, thus the need
arises to have an explanation of oppression which is plural in nature and encompasses
these perceptions.
Women face discrimination, because of their sex, within the occupational sphere.
The discrepancies in earnings of men and women constitute one face of oppression:
exploitation. In 1997 the U.S. Census Bureau published the full-time, year-round mean
income of white workers as follows: men's mean salary was 30,5985; women's earnings were 72% of men's.6 In addition, an examination of
economic well being in the U.S. labor force from 1991-1993 shows the variance in
distribution between men and women. The average weekly earnings of men and
women age 25 to 54, employed in full-time wage and salary jobs were broken down into
various salary brackets. Within the lowest income bracket, those earning less than
600 and
over. It is in this income category that the highest percentage of males is found. The
highest percentage of females, at 37.9%, is shown in the second lowest category - 214.7 These statistics are indicative of the presence of exploitation.
Exploitation can be identified by the existence of an ongoing system marked by the
5 Income Statistics Branch, U.S. Bureau of the Census, U.S. Department of Commerce, Historical Income Tables:
Full-Time, Year-Round White Workers by Mean Income and Gender: 1970-1997, 1999, Table P-30A.
6 Ibid. Table p-33.
7 Ibid. Labor Force Dynamics: 1991-1993, Table B.
7
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transference of the culmination of one social group's labor to another group. The
second group becomes the beneficiaries of the exploited group's labor. In the case of
women, the present wage gap is simply an indicator of their exploitation by men. The
wages of women are a direct reflection of their occupations, and are the manifestations
of exploitation. Young contends that occupations characterized as feminine require the
following: sexual labor, nurturing, caring for others' bodies, smoothing over workplace
tensions, or other gender-based tasks. As such, women's energies are expended in
jobs that enhance the status of, please, or comfort others. Those on the receiving end
of women's energies are usually men. These gender-based labors often go unnoticed
and undercompensated.a This country's segregated labor force clearly supports the
existence of gender-based occupations. With respect to the top six occupations that
women comprised in 1990, all six fit Young's conception of gender-based tasks.
Secretarial work held the highest percentage of female workers, at 99.1 %. Data entry
keyers had the lowest with 87.2 % of female employees. Registered nurses, childcare
workers, telephone operators and teachers fell in between.9
The injustice of exploitation lies in the ultimate inequality of distribution. The transfer
of women's energy to men is the norm within the U.S. labor force. This creates
enivronment in which those who exploit enjoy accumulation, and constraint exists for
those groups that are exploited. This relationship can be extended to professional and
nonprofessional workers. As a result, it is possible to define the two in terms of power,
given that professionals benefit from the exploitation of non-professionals.
Powerlessness is the second face of oppression which women experience in terms of
their position within the work force. Young maintains that an adequate conception of
oppression must take into account the distinction between the "middle class" and the
"working class." The social division of labor between professionals and
8 Iris Young, op. cit., p. 42
9 Alison Jaggar, Living with Contradictions (Westview Press, 1994), pp. 73-89.
8
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nonprofessionals structures this relationship. As a result of their position in the division
of labor, as well as the status that it carries, professionals are privileged with respect to
nonprofessionals. 10 It follows then, that men are privileged in relation to women within
the occupational sphere, as is indicated by the percentage of women that comprise the
professional class. In 1990, women were severely underrepresented in the professional
fields of law, medicine, law enforcement, dentistry, and engineering. Law existed at one
end of the spectrum with the highest percentage of female professionals, 20.8%. At
8%, engineering constituted the other end of the spectrum. The other three main
female professional fields were distributed between the two extremes.11
As a result of the limited number of women professionals, women do not observe the
regular participation in decision-making that professionals enjoy in their careers.
Participation of this type is crucial to the conditions of life, action, and ultimately to
power. Young extends this idea by explaining that a designated position in the division
of labor leaves the powerless minimal opportunity to develop and exercise skills. The
powerless nonprofessionals lack authority and respect, work autonomy, and the ability
to exercise their rights of expression, creativity or judgement in their work. If these
factors exist, justice is present. It follows that because of the injustices connected to the
powerlessness women encounter as a result of their status in the labor force - a limit to
the realization of their potentials, the absence of decision-making power within their
occupational spheres, and the absence of respect - there should be an analysis
connecting these injustices to the social divisions which define them. This leads to the
necessity for an understanding of cultural imperialism, the final face of oppression
connected to women's position in the labor force.
Cultural imperialism can be explained as the process whereby the dominant
members in society deem social groups' views unimportant and/or nonexistent, while
10 Iris Young, op. cit., pp. 56-57.
11 Alison Jaggar, op. cit., pp. 73-79.
9
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simultaneously labeling it as 'other'. Women constitute the subordinate 'other' in a
society such as the U.S., where men comprise the dominant group. In this relationship
women fall under the cultural norms which men dictate and utilize to maintain their
position of power. Women then become marked as deviant and inferior. They are
stereotyped in a manner that is directly tied to their nature and bodies, and is therefore
undeniable. In other words, men are internally defined as individuals, and universally
recognized as such, whereas women are defined extemally.12
The presence of cultural imperialism is evident in the gender division that defines the
labor force. Males fill the vast majority of the professional occupations as a result of
their dominant status. In addition, the jobs women primarily fill are directly related to
their "feminine natures" in that their positions are gender-based. Cultural imperialism
also explains the existence of the wage gap, as the dominant members of society earn
the highest wages. The injustice of cultural imperialism rests on the failure of the
dominant sector of society to acknowledge the situations and interpretations of social
life experienced by the subordinates they oppress.
Throughout this section, the constraint of dominance has been interwoven with
oppression as it relates to the social experiences of women, and their place within the
economic sphere and labor force. Economic factors and the constraints that comprise
the greater structure of patriarchy are intertwined. Therefore dominance can be further
explained as a component of a patriarchal society.
12 Iris Young, op. cit., p. 59.
10
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II.
Patriarchy Defined
The asymmetrical relationship inherent in a patriarchal society is based on the
existence of three factors: male domination, male centrality, and male identification.13
The extent to which these components are present shapes the social experiences of
both males and females. Patriarchy is compelled by a powerful relationship between
control and fear. This dynamic force acts in conjunction with male gender privilege to
maintain a type of competitive unification within the male sector of society. As a result,
women must face the realities of an oppressive system where gender marks their
inferiority. An examination of the three distinguishing factors that constitute patriarchy
provides insight into its nature and existence.
The presence of power differences between men and women and the idea that men
are superior mark a male dominated society.14 Within a patriarchal social system,
paths of least resistance are present in order for men to maintain their positions of
privilege. Paths of least resistance function to make male dominance and female
subordination seem natural. In addition, they encourage men to perpetuate an
13 Alan G. Johnson, The Gender Knot: Unraveling Our Patriarchal Legacy, (Philadelphia: Temple University Press,
1997), pg. 5.
14 Ibid. pg. 211.
11
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oppressive system that benefits them at women's expense, while encouraging women
to accept the terms of their own oppression.15 Male domination exists at the core of
patriarchy given the role it plays in precipitating the asymmetrical relationship between
men and women. Male gender privilege goes hand in hand with male dominance to
comprise the norm, while females represent the deviation. Thus, male dominance
encompasses both male centrality and male identification. T
The Scandalous 42nd President
No full textNo other President before him ever faced such close scrutiny by the media as President Clinton has since he announced his candidacy for President of the United States. During the 1992 campaign, his marriage and integrity were questioned as accusations of sexual indiscretion wracked his administration. In analysis of the President, it is obvious that President Clinton has weathered more allegations than any of his predecessors. Gennifer Flowers, Paula Jones, Whitewater, Travelgate, and Monica Lewinsky are all dark eras in his presidency.
Yet, this president has weathered the storms better than anyone would have liked, thus earning the nickname, "The Come Back Kid". Why have we, as Americans, taken a vast interest in our President's sexual indiscretions? Why has this become so important to the way we live our lives? How has the media's change in reporting the presidential scandals influenced the way Americans view the highest office in the land? President Clinton has faced more scandals than any other in history has; yet the scandals that wracked his presidency were mostly of a personal nature. The media has changed the way Americans view the President and politics.The Scandalous 42nd President
Laura Sonnee
May 19, 1999
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Table of Contents
Gennifer Flowers ................................................................................ 1
Travelgate ........................................................................................ 5
Whitewater... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Paula Jones ...................................................................................... 13
Monica Lewinsky .............................................................................. 19
Impeaclunent. ................................................................................... 23
Journalistic Response ......................................................................... 30
Analysis ........................................................................................ .33
Conclusions .................................................................................... 34
Gustavus Student Repository
No other President before him ever faced such close scrutiny by the media as
President Clinton has since he announced his candidacy for President of the United
States. During the 1992 campaign, his marriage and integrity were questioned as
accusations of sexual indiscretion wracked his administration. In analysis of the
President, it is obvious that President Clinton has weathered more allegations than any of
his predecessors. Gennifer Flowers, Paula Jones, Whitewater, Travelgate, and Monica
Lewinsky are all dark eras in his presidency.
Yet, this president has weathered the storms better than anyone would have liked,
thus earning the nickname, "The Come Back Kid". Why have we, as Americans, taken a
vast interest in our President's sexual indiscretions? Why has this become so important
to the way we live our lives? How has the media's change in reporting the presidential
scandals influenced the way Americans view the highest office in the land? President
Clinton has faced more scandals than any other in history has; yet the scandals that
wracked his presidency were mostly of a personal nature. The media has changed the
way Americans view the President and politics.
Gennifer Flowers
In 1991, Governor William Jefferson Clinton declared his candidacy for President
of the United States. Most in the media and government did not take his candidacy
seriously because he was the governor of a small, poor southern state. However, his
name became very known when a former television reporter accused the candidate of
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2
having an affair with her during his tenure in Arkansas. When he managed to finish
second in the New Hampshire primary, many with his campaign felt the decision to
discuss his marriage on national television was a wise one. After receiving a nod of
approval from the New Hampshire public, Clinton went on to face the first of many
scandals wracking his candidacy, presidency and his marriage.
Gennifer Flowers, an Arkansas state employee and part time lounge singer came
forward and admitted to having a twelve year long affair with then Arkansas Attorney
, General Bill Clinton. The story was first reported in the sensational magazine, Star and
picked up by other major newspapers. Immediately, the Clinton administration dismissed
Flowers allegations and maintained a staunch position of denial.
Flowers, who posed for Playboy magazine and granted an interview with the
magazine, discussed in full detail her alleged sexual relationship with Clinton. In her
testimony during the Paula Jones hearing, Flowers admitted that she first met Clinton
while she was working as a news reporter for KARK-TV in Little Rock, Arkansas. She
stated, "Shortly after we met, we began a sexual relationship that lasted for twelve
years. "1 During that time, in 1977, Flowers claims that she became pregnant with
Clinton's child and he paid for her to have an abortion.
allegation to this day.
Clinton still denies this
Despite Flowers relocation to several southern states, she claimed she maintained
a personal relationship with the Governor. When she considered moving back to Little
Rock, Clinton advised her on the best place to live. In her testimony, she claimed, "He
encouraged me to come back and advised me to move into Quapaw Tower, a high-rise
1 http://www.abcnews.go.com/sections/us/DailyNews/flowers documents03 l6.html This is an excerpt
from Flowers testimony during the Paula Jones hearings.
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3
apartment building located in Little Rock. He told me that he had aides in the building
and that it wouldn't be so noticeable for him to come to that building to visit me."2
In 1990, Flowers told Clinton that she wanted to get a job with the state of
Arkansas. Clinton gave her names of people to contact and soon she landed a job with
the Arkansas Appeal Tribunal. While she was there, another woman who had applied for
the same job, filed a grievance alleging that Flowers got her job because of her sexual
relationship with the governor. Flowers was called to testify in the hearings, but before
she did, she contacted Clinton. He told her if she denied having a relationship with him
everything should be fine.
Gennifer Flowers admits to taping phone conversations she had with Clinton in
1990 and 1991. During the 1992 Presidential campaign, Clinton maintained contact with
Flowers. Though they ended their physical relationship in 1989, they still maintained a
personal friendship until Flowers sold her story to Star.3
During the campaign, the Clinton team knew they had to do something to stem
the negative attitudes from the media and American citizens towards their candidate. Bill
Clinton and his wife, Hillary Rodham Clinton, went on national television and discussed
Gennifer Flowers and their marriage with the nation.
On January 26, 1992, the Clintons sat down with Steve Kroft, a correspondent
with "60 Minutes". Clinton denied any extramarital sexual relationship with Flowers, but
admitted that his marriage had seen troubled times. "I have acknowledged wrongdoing, I
2
Ibid.
3 http://www.foxnews.com/news/background/clinton/flowers.srnl
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4
have acknowledged causing pain in my marriage. I have said things to you tonight and to
the American people from the beginning that no American politician ever has."4
Hillary Clinton even spoke out against those who would have attacked her and her
husband about the appearance of an arranged marriage. "You know, I'm not sitting here,
some little woman standing by my man like Tammy Wynette. I'm sitting here because I
love him and I respect him and I honor what he's been through and what we've been
through together, and, you know, if that's not enough for people, then heck, don't vote
for him."5
For years, even after he won the 1992 and 1996 presidential elections, Clinton
continued to deny his relationship with Flowers, admitting only to having a "very
limited" relationship with her.6 On January 22, 1998, Clinton, in a sworn testimony
during the Paula Jones hearings, admitted to having had sex with Gennifer Flowers. The
lawyers deposing Clinton used a broad definition of sex that could have included
anything from actual sexual intercourse to a light pat on the bottom. 7 The admission by
Clinton drew an end to a long disagreement between Flowers and the President. It also
allowed further questions of marital infidelity to have some basis in truth.
Gennifer Flowers would become just another woman who stepped forward to
accuse the President of marital infidelity or wrongdoing. Early in his presidency, he
faced another woman who this time accused him of making unwanted sexual advances.
4 http://www.washingtonpost.com/wp-srv /politics/special/pj ones/stories/pjO 12792.htm
5 ibid.
6 http://www.ardemgaz.com/prev/Clinton/Z2bimbo23 .html
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5
Travelgate
The Travelgate controversy refers to the Clinton Administration firings of seven
White House Travel Office employees, including the director. The Clinton
Administration fired all its employees in the travel office and replaced them with friends
and family members. This action taken by the White House is perfectly legal; the first
family has the right to replace any of the White House workers with people close to them.
Travel Office jobs were civil service jobs, which meant they were held at the "pleasure of
the President"
8
. If the President wishes to give those jobs to friends or family, it is his
prerogative to do so.
However, where the Clinton administration went wrong was in the way they
handled the firings with the press. It is not, however, okay for the President or any of his
political appointees to smear the names and reputations of those working at the White
House. The Clinton Administration reported to the press the Travel Office workers were
fired because of suspicion of embezzling money and mishandling the funds within the
office.
The Clinton Administration asked the Federal Bureau of Investigation to look in
to the travel office dealings. Though the FBI was unsure that enough evidence existed to
investigate the office, William Kennedy, of the White House counsel's office assured the
agents the request came from the "highest" levels within the White House.9 FBI
7 http://www.comedyontap.com/flowers.html The actual definition used by the lawyers is as folJows: sex
includes any touching of the genitals, anus, groin, breasts, inner thigh or buttocks with the purpose to
arouse or gratify. They then asked if Clinton had ever had sex with Flowers to which he answered, "yes".
8 http://www.cosy.com/views/travlgat.htrn
9 http://www.cosy.com/views/travlgat.htm
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6
investigators reluctantly began an investigation of the Travel Office employees, while
advising the White House to wait before firing its Travel Office employees.
At the same time, it was decided that an accounting firm would audit the White
House Travel Office. The accounting firm of Peat Marwick began their audit on May 14,
1993. On May 17, 1993, the President's chief of staff made the decision to fire the
Travel Office staff. The FBI warned against firing the staff before they finished their
investigation and before the accounting firm released its audit.
However, on May 19, 1993 at 10:00 a.m., David Watkins, assistant to the
President for management and administration, informed the travel office staff employees
that they were being fired. He informed them that a review revealed mismanagement of
funds within the office and everyone had two hours to clean out their desks.
On that same day, White House press secretary Dee Dee Myers publicly disclosed
information that an investigation and an audit had taken place and the firings were based
on the results of the independent audit conducted by Peat Marwick. However, Peat
Marwick did not finalize their audit until May 21, 2 days after the Travel Office
employees were fired. The review had to be backdated to May 17, 1993 to make up for
h
.
k,.,
. 10
t e qmc ,mngs.
The report by Peat Marwick revealed some accounting irregularities, but found no
evidence of fraud by any of the employees. The FBI used Billy Dale, the head of the
Travel Office, as its scapegoat. They accused him of embezzling 65,000. Over time, where before I had been
intimidated, it now turned to complete frustration as the White
House had free rein with the media in putting out its story while
we were muzzled by the Justice Department. They presented me
with a letter that stated that I was not a subject or a target of their
Gustavus Student Repository
investigation at the present time, which meant that anything I said
could be used against me."11
8
Travelgate started out as an attempt by the Clinton Administration to install its
own political appointees in positions throughout the White House. It then became a
scandal that threatened the President and his wife because of their alleged involvement.
The United States House of Representatives investigated the Travelgate situation and the
President. Eventually, the Independent Counsel, Kenneth Starr, exonerated the President
and First Lady of any wrongdoing in the Travelgate affair. The House of
Representatives, in an attempt to apologize for the wrongful firings, paid all the legal fees
of those who needed legal representation.
Travelgate became a representation of what is wrong with American politics. The
Clinton Administration sought to place friends and family in top positions in government,
which is not illegal. However, it went through massive attempts to cover up what they
had done when backlash from the American public threatened the stability of the
Administration. Had the Clinton Administration not tried to cover up their actions, had
they admitted that the replacements were for purely political reasons there may not have
been any unnecessary backlash from the American public and would not have been an
investigation by the House of Representatives.
The Clinton Administration's choices cost the American public hundreds of
thousands of dollars in legal fees for those fired from the Travel Office. The situation
was highlighted by the media in the beginning of Clinton's tenure because of an early
abuse of power committed by the Clinton Administration.
11 Ibid
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9
Whitewater
Whitewater was the first real scandal that rocked the Clinton presidency.
Whitewater dealt with a land deal the Clintons were involved in while they were living in
and serving in Arkansas. Whitewater is the investigation in to a real estate venture dating
from the 1970s and its connection with the fall of a savings and loan institution.12 The
Whitewater Development Company included in its list of investors Bill and Hillary
Clinton and James McDougal, the owner of the Madison Guaranty Savings and Loan
Association.
The Whitewater Development Company purchased land on the Whitewater River
as part of a potential real estate development, with the account held at the Madison
Guaranty Savings and Loan Association. The venture proved to be unprofitable for the
Clintons, the savings and loan went bankrupt in 1989, with an estimated cost to the public
at 3000 to the Bill
Clinton Campaign. Susan McDougal was charged with four counts of fraud involving a
50,000 of the money was used to pay for
land owned by the Whitewater Development Corporation.
Gustavus Student Repository
President and Mrs. Clinton's involvement came under examination in two ways.
First, David Hale, whose Little Rock company arranged for the $300,000 loan to Susan
McDougal, claims the President helped arrange the loan. It was believed that Hale
understood a portion of the money would be used to help the Whitewater Development
Corporation. In fact, records show that "a portion of the proceeds from the loan was used
by Whitewater to purchase land from International Paper Corporation in 1986."13
Hillary Clinton's involvement came under question because she was
representative counsel for James McDougal's Madison Guaranty Savings and Loan.
Hillary Clinton, as counsel for Madison Guaranty, submitted a proposal to Beverly Basset
Schaffer, the Arkansas Securities Commissioner, a position appointed by Governor
Clinton, to raise capital by issuing preferred stock. "These contacts between Mrs. Clinton
and Ms. Schaffer, and Mrs. Clinton and Mr. McDougal, raised the issue of the propriety
of the Governor's spouse attempting to influence a state regulator appointed by her
husband on behalf of a client and business partner."14 During the 1992 presidential
campaign, Ms. Schaffer's regulation of Madison Guaranty came in to question. She
allegedly ignored evidence of the savings and loans indebtedness and failed to close
down Madison Guaranty.
In October 1993, the RTC sent a criminal referral to the U.S. Attorney's Office in
Little Rock suggesting many connections. Federal prosecutors tried to draw a connection
between the issuing of preferred stock and the campaign contributions made to Bill
Clinton's campaign fund. The prosecutors alleged that Whitewater was drawing in more
debt in order to provide capital to the Bill Clinton Campaign fund. With the help of the
12
http://www.gi.grolier.com/presidents/aae/side/whitewtr.html
13 http://www.courttv.com/library/ govermnent/whitewater/report/white 12.html
10
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I I
Securities Commissioner and Hillary Clinton as lead counsel for the savings and loan,
Madison Guaranty was able to get more capital and thus use its capital to pay for the land
development and re-election campaigns for Governor Clinton. Special prosecutors
alleged that both Hillary Rodham Clinton and Beverly Basset Shaffer were witnesses to
possible criminal misconduct. 15
Though Bill Clinton himself did not participate in any illegal act involving
Whitewater, his role as Governor and friend to James McDougal was questioned on
December 20, 1993 when the New York Times published an editorial, entitled "Open up
on Madison Guaranty." The editorial described the relationship between the Clintons and
the McDougals. It stated: "Others, however, are mildly troubled by the fact that Mr.
Clinton did not order his regulators to crack down on Mr. McDougal even after he was
advised by his own banking commissioner in 1983 that the savings and loan operator was
engaged in imprudent banking practices."16
On January 12, I 994, Attorney General Janet Reno appointed Robert B. Fiske Jr.
to investigate "whether any individuals or entities [had] committed a violation of any
federal criminal or civil law relating to [the Clintons'] relationship with Madison
Guaranty Savings & Loan Association, the Whitewater Development Corporation, or
Capital Management Services, Inc."17 President Clinton, despite the protests of his
advisors, chose to call for a special investigator. His advisors felt that if he opened
himself and the White House up to investigations, every activity would be closely
scrutinized.
14 ibid
15 ibid
16
ibid
17 ibid
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12
Charges in the Whitewater conspiracy were brought against Susan and James
McDougal and Arkansas Governor Jim Guy Tucker. President Clinton testified as a
defense witness in the trials, but despite his testimonies, each was eventually convicted.
On May 28, 1996, Susan and James McDougal and Governor Tucker were convicted of
fraud. Governor Tucker, though not involved in the Whitewater land venture, was
convicted on conspiracy and mail fraud charges in conjunction with dealings involving
James McDougal. The McDougal's and Tucker were accused of def
An Evaluation of Megan_s Law
No full textThis research paper will evaluate Megan's Law. The evaluation will focus on Megan's Law and Jurisprudence, the notification and registration requirements, the evaluation and eventual effects, and the future of Megan's law. The paper examined the origins of the law and the history of relevant court cases that challenged the constitutionality of the law. The research also examined the notification and registration requirements. This detailed how states enacted and implemented their version of the law. An evaluation and eventual effects Megan's Law demonstrates how the strengths and weaknesses of the law has on its effectiveness. The research also offers an evaluation of the future of the law. In conclusion, the research paper discovered that Megan's Law has good intentions, but the weaknesses in regards to the implementation of the law hinders its effectiveness.\Vashington Semester Program
The American University
Research Project
An Evaluation of Megan's Law
Submitted by:
Thao N. Trinh
(Gustavus Adolphus College)
In Fulfillment of the Requirements for
Course Number 53.412.62: Washington Semester Research Project
Spring 1999
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Precis
This research paper wil1 evaluate Megan's Law. The evaluation will focus on
Megan's Law and Jurisprudence, the notification and registration requirements, the
evaluation and eventual effects, and the future of Megan's law. The paper examined the
origins of the law and the history of relevant court cases that challenged the
constitutionality of the law. The research also examined the notification and registration
requirements. This detailed how states enacted and implemented their version of the law.
An evaluation and eventual effects Megan's Law demonstrates how the strengths and
weaknesses of the law has on its effectiveness. The research also offers an evaluation of
the future of the law. In conclusion, the research paper discovered that Megan's Law has
good intentions, but the weaknesses in regards to the implementation of the law hinders
its effectiveness.
Gustavus Student Repository
Table of Contents
Precis i.
Table of Contents 11.
Chapter One: Introduction and Overview
Chapter Two: Megan's Law and Jurudence 7
Chapter Three: The Notification and Registration Requirements 25
Chapter Four: Evaluation and Eventual Effects 39
Conclusion: Future of Megan's Law 53
Appendix
Bibliography 57
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CHAPTER ONE:
Introduon and Overview
On July 30, 1994 the body of a young child was found brutally murdered and
raped.1 The body was identified as Megan Kanka, a seven year old resident of Hamilton
Township in New Jersey. Jesse Timmendequas, who lived across the street from th
Kanka home, was convicted of her murder. He is a twice convicted sex offender and
pedophile; therefore, Tim.mendequas's crime outraged the citizens from Megan's
• ..- .• •
• community, because no one from the community was aware of his criminal past.2 Her
death "generated enormous public outrage" and was the cause of over 1,500 petitions
written to the governor to ask her to enact legislation that would prevent a similar tragedy
from occurring in the future. 3 Thus, 'on Oct()ber 31, 1994, three months after Megan
• Kanka's murder, Christine Todd Whitman, governor ofNew Jersey, signed legislation to
inform citizens when a sex offendr was residing in their neighborhood. 4
The citizens of New Jersey's support for this Megan's Law caused other states to
take notice While each state could voluntarily devise its own version of this law, on May
17, 1996, President Clinton officially signed Megan's Law into a federal law: -This law
. .
• required all states to adopt a form of Megan's Law. Megan's Law, hower, is actually an
amendment to the Jacob Wetterling Crimes Against Children.Act and Sexually Violent
Offender Registration Act Th Wetterling Act encouraged· states to adopt effective
registration for released offenders, but Megans Law, l\ stricter form of the
W etterling Act, required states to adopt a from of registration and notification by
September 1997 or lose 10 percent of federal funding onies.
1Ryan Boland, 1995, 183-226.
2Afexander D. Brooks, 1996, 56--66.
3AiexanderD. Brooks, 1996, 56--66.
4Ryan Boland, 1995, 183-226. •
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. Politicians and citizens wanted a federal law that would prevent another tragedy
like the one that befell the Kanka family from occurring again. The law gave adults the
necessary information about convicted sex offenders in order for them to protect
themselves and their children. As of 1997, all states have adopted some form of the law
and 49 states have enacted state and federal registration requirements, whereas 32 states
have community notification laws.5 The majority of state and federal courts have upheld
that all or parts of the law are considered constitutional.· In 1996, the United States
Supreme Court refused to hear an appeal from a sex offender in New Jersey that the law
violates his constitutional rights.
·
The pe of the paper, then, will be to analyze the
requirements of Megan's law and how the law has been deemed constitutional· despite
the allegations that it violates the ex post facto clause, double jeopardy clause, due
process clause, right to privacy, and is a form of cruel and unusual punishment
The Registration Law
New Jersey's Megan's Law requires that sex offenders comply with the
registration and notification laws. The sex offenders, who have been convicted of
aggravated sexual assault, sexual assault, aggravated criminal sexual contact, are required
to register with the local law enforcement authorities. The mandatory registration
provides the local police department-with personal information about the sex offender, . . • . .
such as fingerprints, new dress, history of former crime, and a photograph. The
• purpose of this infonnation is to assist police in quickly locating known sex offenders . . .
after a new crime has been committed
The Notification Law
Notification laws allws the community to be informed of the sex offender's
presence. ·Prosecutors have the task of determining the level of risk for each sex offener.
Each offender is classified into three tiers. The first tier includes offenders who are the
. SThe Philadelphia Inquirer, 1997.
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. least likely to recommit and the third tier includes the offenders who have the highest
risk to reoffend. By using the three tier based system of notification, the authorities will
then decide who will be informed of the offender's presence in the community. For
example, the name and location of the offender who is classified as a tier one level risk
will not be released to the community, only the police department will have assess to this
information. When a tier two level offender moves into neighborhood, the information
will be released to child_ care centers and schools. However, when a tier three level
offender moves into a town or city, every in a specific distance, which is determined
by the state, will be informed of the sex•offender's presence.This can be accomplished
• · by postings signs or by going door to door to inform homeowners.
Ex Post Facto Clause
The. ex post facto clause. states that "evecy law that changes the punishment and
. .
inflicts a greater p1mishment, than the law annexed to the crime when committed" is
probt1,ited by the U.S. Constitution. 6 The examination of this cluse as it relates to .
Megan's Law will determine whether sex offenders are receiving an additional
punishment by complying with the notification and registration requirements of the Jaw.
Opponents of the law against the requirements argue that this law js essentially another
sentence. The opponents arguments suggests that "once an offender has been punished by
the criminal justice system, the state is precluded from.taking any further action, even of
a civil nature to protect itself frpm that offender's potentially ·dangerous futμre ac;ts . ..,,
The ex. post facto clause prevents a criminal from receiving an additional· sentence other
than the original sentence at trial. This research project. therefore, must determine how
the state and federal courts have interpreted the term •an tional punishment'
6httpJ/www.lectlaw.com
7 Alexander D. Brooks, 1996, 56-66.
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Double Jeopardy Clause
The double jeopardy clause preve,nts the offender from being tried for the e
crime twice. The clause also is addressed by the fifth and fourteenth amendments. The • •
double jeopardy clause has three specific elements. The three factors that are prohibited
• by the Constitution are: (1) a person cannot be prosecuted for the same offense twice; (2)
a person cannot be prosecuted for the same crime after acquittal; and, (3) a person capnot
have multiple punishments for the same offense 8 These factors are crucial because if a
court finds that Megan's Law violates this e, then it could be deemed . . .
unconstitutional. Opponents of this law find that the notification and registration
requirements constitutes a second punisent for the same crime; therefore, Megan's
Law is unconstitational. On the other band, the supporters of Megan's Law maintain that
. .
although uany punitiveness can occur in the process of providing civil protection is an
unavoidable side-effect and not pamishm under the federal constitation. "9 A closer
Yamioation of this clause will help determine how courts conclude cases regarg the
constitutionality of Megan's Law.
Due Process Clause
The due process clause ensures that the accused has the right to a fair trial. The
notificatioQ. law,. as an added requirement, may violate the constitutional rights of the
offepder. Therefore, an examlnation of the substantive and procedural rights of the
offenders needs to be addressed in order to determine how the courts have the
constitationality of Megan's Law. Substantive due process specifically protects an
individual from the government's power to take away the individual's right to freedom,
property, or life. The dilemma is wher or not Megan's Law takes away the offender's
. '
freedom to live as a citizen of the United States. On the other hand, the procedmal rights
are the general rights a person bas such as freedom of speech or property. Although the
8 http.//www.lectlaw.com
9AlexanderD. Brooks, 1996, 56-66.
I '.i l
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Fourteenth Amendment protects an individual's right to privacy, supporters for the law
maintain that the rights of the citizens in the community to know whether a sex offender
is in the community outweigh the privacy rights of a convicted sex offender. to
Right to Privacy
The right to privacy is not written in the Constitutio but is implied tmder the
Fourteenth Amendment Opponents of Megan's Law contend that the inf9rmation
released to. local law enforcement authorities an to citizens, who reside in the same area
as the sex offender, is an invasion of privai;. The supporters feel that the safety of the
community to know when sex offenders are in the neighborhood outweighs the sex
offenders' interest in privacy.11 The research project will examine how the courts have
con.eluded the previous statement.
The Eighth Amendment
• The Eighth Amendment of the U.S. Constitution states that "excessive bail shall • '
not be required, nor excessive fines imposed, nor cruel and unusual punishment
inflicted. "12 Released sex offenders .argue dtat they have already paid their debts to . .
society and the requiremems under Megan's Law is cruel and tim.Jsu.I. The issue of the
Eighth Amendment has been onsidered in the context of registration laws. The debate is
whether or not the registration aspect of Megan's w constitutes a punishment that is
• not equal to the crime committed
WHAT LIES AHEAD
I
In subsequent chapters, this paper will examine the requirements of Megan's Law
and the implications for the constitutional rights of released sex offenders. The U.S.
Supreme Comt in 1996 refused to hear an appeal from a sex offender in New Jersey that
the law violated his constitutional rights. This courf s dision not to hear the case
10AiexanderD. Brooks, 1996, 56-66.
11Ryan Boland, 1995,. 183-226
12U.S. Const amend. VIII.
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indicates that states may decide for itself how to implicate and execute Megan's Law
without infringing on the constitutional rights of the released sex offenders. Therefore,
this paper will focus on how Megan's Law bas survived the constitutional challenges.
This can be accomplished by analyzing the requireents of the law and the challenges
brought before state and federal courts. Chapter two will focus on court cs that have
heard constitutional challenges and how the court decided that particular case.· This
chapter will provide a better understanding of hw the courts have decided challenges
. against Megan's Law. Chapter three will f on the requirements of Megan's Law and
how they are implemented. Chapter four will a provide an evaluation and eventual effects
of Megan's Law. Chapter five will conclude the paper by addressing the future of similar
laws in the criminal justice system
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CHAPTERTWO
Megan's Law and Jurisprudence
Introduction
The study of court decisions must begin with an examination of the origins of
legislation designed to protect citizens from rape and sexual assault. In the 1960s and the
1970s, women's groups increased public awareness of rape, sexual assault against
women, and battering. 13 These women groups who supported and founded various rape
. . . ....,,:-
crisis centers and domestic violence shelters demanded a response from the criminal
justice system. The increased public pressures from v!llious organizations, women's
groups in particular, received attention from political leaders and heightened public
awareness of sexual and physical abuse among women and children. The DePllftment of
Justice conducted a study to determine the effectiveness of sentences for sex offenders
and to figure whether or not the crimes against women and children have decreased or
increased.
According to a recent U.S. Department of Justice study; six in ten sex offenders
hild previously served sentencei; to probaiiori or incarceration. 14 Another study found that
in the past fifteen years, sexual assaults against women and childr have risen almost 50
percent. 15 The increase in sexual assaults against women and children have caused
lawmakers to re-examine methods to prevent these crimes from occurring again by repeat
sex offenders. The fear these offenders are recommitting their crimes have prompted
lawmakers to find an appropriate solution to protect the <;ommunities. Although the
13Center for Sex Offender Management, "An Overview of Sex Offender Community
Notification Practices: Policy Implications and Promising Approaches," November 1997.
14The National Center for Missing and Exploited Children, June 1997. 15The National Center for Missing and Exploited Children, June 1997.
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median sentence for sex offenses is 11 years., the sentence does not seem to decrease the
likelihood that the offenders will not reoffend 16
Unfortunately, however, the laws that are passed to protect women and children · :
from violent crimes are not enacted until a tragedy has occurred. Megan's Law was
enacted after a heinous murder. In this chapter, an examination of the origins of Megan's
Law, the roots of the issues involving this law, and the court cases that challenge the
constitutional validity of this law will be examined.
Origins of Megan's Law
Prior to the enactment of Megan's Law, sevral states had passed laws to notify
. th e community when: a sex offender was living in the neighborhood. For example, the
state of Washington in 1990 passed the first community notification law in the country in
response to a heinous crime committed by a released sex offender. t7 Other states S11Ch as
Louisiana and n also passed similar laws in 1992 and 1993. Unfortunately, in 1994
• a seven-year old Megan Kanka was sexually assaulted and murdered by neighbor, a sex
offender recently released from prison. This crime, in particular, caused citizens to
• demand a change in the law. The fact that a young child was murdered by a convicted sex
' '
offender angered citizens. The crime, in their opinion, could have been prevented if the
community had been aware of Jesse Timmendequas's presence in the neighborhood.18
The Kanka Family, therefore, became advocates for the rights of victims and
work to gather public support for a la that would prevent a similar tragedy from
happening again. With the assistance from victim advocates and the support from
political leaders, the Kanka Family encouraged New Jersey (and later a national)
16Lawrence A. Greenfield, Child Victimizers: Violent Offenders and Their Victims, U.S.
Department of Justice, Bureau of Justice Statistics, March 1996 . .
I7center for Sex Offender Management, "An Overview of Sex Offender Community
Notification Practices: Policy Implications and Promising Approaches." November 1997.
18Colin Miller, "Megan's Law Violates Right to Privacy," University of Virginia.
2127/98.
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campaign to enact "Megan's Law" to inform community residents abo.ut the presence of
convicted sex offenders in their neigbborboods.19
Political and Legislative Aspects of Megan's Law
When a child is murdered, regardless of the murderer's criminal history, society
will not tolerate it However, the offender's criminal history plays a role in how society
will deal with the issue. The knowledge of the offender's past f uels the need for reform.
According to Susan Paisner, a guest columnist from The Washingtnn Post, when a child . .
is murdered and stricter laws are proposed-and enacted, usually the support of the law,
such as Megan's Law, is driven by emotion and not by thought. 20 Paisner feels these new
laws do nothing more than attempt to appease the public's hysteria and has little proof
that it is beneficial to society.21 On the other hand, policy makers and political leaders
• tend to support legislation that has immense public support. According to Steve Dasbach,
The Libertarian Party's National Chairman, states that "in response to public outcry,
politicians passed Megan's Law-to show that they care about protecting vulnerable
Americans from violent crime. ''22
Previously, in 1994, Congress and President Clinton signed legislation known as
the Jacob Wetterling Crimes Against Children and Sexually Violent Offeooer
• Registration Act in response to Jacob Wetterling disappearance. The Jacob Wetterling
. Act was an amendment to the Violent Crime Control and Law Enforcement Act of 1994.
In 1989, Jacob Wetterling, an eleven-year old boy, was riding his bike with his friends.
He was kidnapped at gun point by an unknown assailant Unfortunately, Jacob still has
not been found His mother Patty Wetterling. an advocate for victim's rights, was
19Center for Sex Offender Managemen "An Overview of Sex Offender Community
Notification Practices: Policy Implications and Promising Approaches," November 1997.
20susan Paisner, Interview, 4/1/99.
2tsusan Paisner, Interview, 4/1/99.
• 22Toe Libertarian Party Press Release, "Libertarians ask: Will Megan's Law Protect
Politicians-or Our Children? 29 August 1997.
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instrumental in the passage of this Act. She, like the Kanka Family, pushed Congress to
• respond Again, Congress had to draft legislation in wake of a public tragedy that befell a
child
The Jacob Wetterling Act establishes a ten year registration re quirement for
persons convicted of certain crimes against minors and sexually violent offenders, as well
as more stringent registration requjrements for a sub-class of highly dangerous sex
offenders. 23 This· sub-class of highly dangerous sex offenders are known has "sexually
violent predators" under this Act. Under (L.e..Jacob Wetterling Act as originally enacted,· " • •
• • states which failed to establish such systems by September 1997, will be subject to a ten
• •. percent re duction in Byrne Fonnula Grant Funding. 24 However, extensions are granted to
States ·which have made an attempt to enact this form of legis lation. This Act did not,
however, require that states have this legislation. The Act was an option that states had to
• protect the citize ns.
The tragedy of Megan Kanka' s death, therefore, prompted political officials and
advocates for the rights of children and victims to strongly encourage states to adopt their
own version of the New Jersey's "Megan's Law." On May 17, 1996, as a result of public
support and petitions to the state and federal governments, the Jacob Wetterling Act was
amended to include the implementation of Megan's Law. With Congress's · approval and
• President _Clinton's signature, Megan's Law became a federal law. •
Megan's Law
The Justice Department on April 4, 1997 issued guidelines in the Federal Register
to the states to assist in implementing Megan's Law and the Jacob Wetterling Crimes
Against Chi ldren and Sexually Violent Offender Registratio n Act Janet Reno, U.S .
. 23The Jacob Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act. 42 U.S.C. 1407L 1994. ·
24The 1acob W etterling Crimes Against Children and Sexually Violent Offender
Registration Act. 42 U.S.C. 14071. 1994.
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Attorney General, said, "These guidelines provide minimum national standards for states
to follow in developing community notification systems for sex offenders. President
Clinton and I want to ensure that members of the public can protect themselves and their·
families by obtaining information about registered offenders. "25
The Wetterling Act encouraged states to adopt effective registration
Presidential Debates and Their Effect on Presidential Elections
No full textBefore getting into the debates themselves, this project first takes a look at how presidential debates became a part of American culture. By looking at the origin of public speaking, the ideas of the executive branch as set forth by the framers of the Constitution, and the ever-changing process of the rhetorical presidency, we can see how these presidential debates entered into the elections. Besides looking at the effects and the outcomes of each debate from 1960-1996 , we will also look at the debate negotiations, the defining moment of each debate, and why there were not debates held during the 1964, 1968, or 1972 presidential elections.Presidential Debates and Their Effect
on Presidential Elections
Hal DeLaRosby
Spring 2000
POL 399: Political Science Thesis
Chris Gilbert
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Chapters
Importance of Presidential Debates
Four Speakers and a Funeral:
The Orations of Pericles, Everett, Lincoln, and Reagan
Classical Rhetoric
Intentions of the Framers and the
Development of the Rhetorical President
The 1960 Kennedy-Nixon Debates
No Comment, the Decision Not to Debate
The 1976 Carter-Ford Debates
The 1980 Reagan-Carter Debates
The 1984 Reagan-Mondale Debates
The 1988 Bush-Dukak:is Debates
The 1992 Clinton-Bush-Perot Debates
The 1996 Clinton-Dole Debates
Debate Negotiations from 1960-1992
Defining Moments
Final Thoughts
Works Cited
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Page6
Page 11
Page 13
Page 19
Page 24
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Another way of viewing the importance of debates is to ask how the electorate is
served by debates. Voter learning is one appropriate assessment of service to the
electorate. If voters learn about candidates and issues, one might argue, the debates have
provided voters with valuable information. An examination of the voter leaning literature
provides consistent evidence that voters learn about candidates' issue stands by watching
televised debates (e.g., Drew & Weaver 1991 ). The research record demonstrates that
voters are informed by debates and debates have the potential for influencing election
outcomes.
Before getting into the debates themselves, this project first takes a look at how
presidential debates became a part of American culture. By looking at the origin of
public speaking, the ideas of the executive branch as set forth by the framers of the
Constitution, and the ever-changing process of the rhetorical presidency, we can see how
these presidential debates entered into the elections. Besides looking at the effects and
the outcomes of each debate from 1960-1996 , we will also look at the debate
negotiations, the defining moment of each debate, and why there were not debates held
during the 1964, 1968, or 1972 presidential elections.
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Four Speakers and a Funeral:
The Orations of Pericles, Everett, Lincoln, and Reagan2
Rhetoric has been present in the lives of men since the time of the early Greek
philosophers. Throughout these many years rhetoric has taken on an innumerable
amount of different styles, languages, and purposes. It would be very lengthy process to
determine all the variations that have occurred when rhetoric is a process of constant
change. What we can look at, however, are the four main events that greatly revamped
the use of rhetoric for the contemporary setting. The four men that are credited with roles
in changing rhetoric are Pericles, Edward Everett, Abraham Lincoln, and Ronald Reagan.
The speech that we have from the ancient Greek Pericles comes from notes taken
by Thucydides, a member of the audience. Pericles delivered his speech one year after
the Peloponnesian War. His speech is significant because it violated the genre of the
time ... Although it may seem commonplace today, Pericles made the speech personal,
something that had never occurred in public speaking before. The Athenians he was
speaking to were losing a war against Sparta. He involved those who listened by praising
the people of Athens and told them that the best thing they can do is anything that will
help the state. Pericles also made mention of the deceased and how bravely they had
fought. Mentioning of those who passed away during wartime was another aspect of
Pericles violating the current genre.
Edward Everett and Abraham Lincoln spoke at Gettysburg in November of 1863.
Although Lincoln is famous for his Gettysburg Address, Everett was the first and main
speaker for the events that day. His three and a half hour speech began by mentioning
2 All information in this section comes from Dr. Terence S. Morrow's "Classical Rhetoric" class taught at
Gustavus Adolphus College in the Fall of 1999.
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that a man by the name of Pericles spoke at an event similar to this about 2000 years ago.
Even though there were many years between 430 BC andl863 AD, Everett is looking
back to the ancient Greeks for his speech. He was focusing on democracy by envisioning
the United States as the second Athens. Like Pericles he was delivering an epitophios
logos, or a state funeral oration. His speech mirrored the earliest known speech of
Pericles by taking on the same themes. Here are the eleven divisions in the speeches
given by Pericles and Everett:
1 . Distinguish the one and the many
2 . Light versus Dark
3 . Mortal versus Immortal
4 . Athenians versus non-Athenians (Americans versus non-Americans)
5 . Word versus Deed (It is hard to capture hero's themes in words.)
6 . Distinguish the teacher and the taught
7 . Age versus Youth
8 . Men versus Women
9. Choice versus Determination (Dead needed to die, audience can choose to
follow.)
10. Past versus Present
11. Life versus Death
After Everett finished his lengthy speech he sat down. The next to speak was
Lincoln. Lincoln' s Gettysburg address took a matter of a few moments in comparison to
the previous speech. In the brief amount of time that passed between the conclusion of
Everett's speech and the first word from Lincoln's mouth a historical change in rhetoric
took place. From that point until the present day lengthy speeches were no longer the
norm. The length of speeches began to decline and audiences began to expect shorter
speeches.
Ronald Reagan is our most recent example of a major change in rhetoric. An actor in
his earlier years, the ex-president had a natural ease performing scripted speeches. His
advisors developed an image game with all Reagan did. Use of visual images added a
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new twist to the rhetoric that was being spoken. Visual images masked what the
president was actually proposing and similar tactics have been adopted by tbe William
Clinton presidency. Most of the ideas started by Reagan's image game came from the
Nixon presidency, but the ideas were more fully developed in the Reagan presidency.
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Classical Rhetoric3
The world experienced a growth of literacy between the sixth and fourth centuries
BCE. During this time there was a move from the oral tradition to written language.
Proverbs, fables, and myths begin to be recorded. Repetition became a key element in
these stories. For the purpose of remembering the key elements to the stories it was
necessary in an oral tradition to repeat the key elements. When the stories were written
down, they kept the repetitions with them. Once stories began to be written out man was
able for the first time to go back and review and revise the story at any point to try and
make it better. Writing allowed for theory development.
The use of writing sparked an emergence of logography. Logography is the writing
of words. Logographers were good writers, but not all of them were good at speaking.
During this time ancient Greek courts required that all individuals represent themselves in
court. A successful logographer could write a speech that would sound like how the
speaker would say it. The problem was this practice was basically illegal so logographers
could not advertise their services. In this early sense, rhetoric became the art of
undermining the ethical cornerstone of society.
The earliest known "rhetoricians" are thought to be the ancient Greeks Corax and
Tisias. They lived about 460 BC in the Greek colony of Sicily. They became
logographers because everyone had to speak for himself. Tisias wrote a book from the
teachings of Corax.
3 All information in this section comes from Dr. Terence S. Morrow's "Classical Rhetoric" class taught at
Gustavus Adolphus College in the Fall of 1999.
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There are five elements to the Tisias book:
1. Speeches have three parts: an introduction, middle, and a conclusion.
2. Explanation with what you should do in each part.
3. People are persuaded with the arguments of probability.
4. Rhetoric argues probability, not truth.
5. This is a book on rhetoric, a public speaking book.
One of the earliest public debates is commonly called the Mytilenian Debate, which
took place between Cleon and Diodotus. The previous day a decision was made to put
death some prisoners that were captured during a military conflict. A ship was sent to
deliver the notice of death to where the captives were being held. The debate between
Cleon and Diodotus was a debate to reconsider the decision of death as well as a debate
whether or not people should debate at all.
The basic point made by Cleon is that they should uphold the death sentence no
matter what. The people should have faith in the democracy that they are being ruled by
and that the same democracy is capable of governing others (the prisoners). There is no
need for any speakers for either side because they all know what happened (there is a war
going on and they have captured prisoners). He ended by adding that the people will
only suffer if the Mytilenes are not punished. Diodotus takes the other side of the
argument. He urges those listening to slow down and think about what they are talking
about. He suggests that haste and anger are not good for a wise counsel. He tells the
people to have faith in their judicial system to try the prisoners. Above all, haste will
make them appear not to be smart.
The debate then shifts from whether or not the captives should have been
sentenced to death to whether or not there should be public debates on issues such as this.
Cleon cannot see the purpose of debating when nobody can stick with a decision. He
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asserts that democracy fails because of human emotions. The public is only looking for a
speaker that will please them. When it is time for Diodotus to speak again he undermines
Cleon. He reiterates that it is good to slow down and think about things that are
important. He does not believe honor should be a part of public speaking because people
get so wrapped up in the rewards of speakers that the audience does not listen to the
advice. He then reminds that those Athenians gathered to hear him speak are a public
assembly, not a law court.
The people decide to send a second ship with orders to not execute the Mytilenes.
Since the first ship was in no rush to bring the initial orders, the second ship was able to
reach the destination before anyone was executed.
It should be noted that speakers always decree that their opponent is using
emotions when they themselves are. People who speak against rhetoric use rhetoric. The
assembly shifted their original view and decided that they were too hasty to call for death
on their captives. They sent a second ship with new orders in hopes that it would beat the
first ship sent to the destination.
Aristotle is an important individual who furthered the study of rhetoric. He was
one of Plato's students at the Academy and took over teaching at the Academy after
Plato. Aristotle embodies the basic points of Isocrates and Plato. He does not want to be
a sophist like his predecessors; his dream school would combine practical knowledge and
ethics. Aristotle defines the three genres of public speaking:
Genre
Forensic
Epideictic
Deliberative
Time
Past
Present
Future
Type of speech
Courtroom speeches
Ceremonial speeches
Political speeches
Audience
Judge (jury)
Spectator
Judge (assembly)
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There is a book that is credited to Aristotle that is a collection of notes taken by
students of his that span his years teaching at the Academy. In the Rhetoric Aristotle is
shown to understand persuasion better than his predecessors. In his book Aristotle takes
on the role of a psychologist, mathematician, and political scientist among others. He is
trying to understand the frame of mind of the public and how to address it.
A translation from Greek to English has Aristotle saying that rhetoric is the
faculty of observing in any given case the available means of persuasion. Aristotle wants
to include an ethical component to rhetoric so he does not mean to say that a speaker
should use all available means. Aristotle concedes that a speaker does not win every time
and there is something to be learned when a speaker does lose. Since there is the
possibility that rhetoric could be used for evil, Aristotle wants those who study rhetoric to
be good people who are not skilled in persuasion. The Rhetoric is still applicable for
public speaking today. It has information on audience evaluation, outlining a speech, and
how to use emotional appeals among many other hints and tactics.
Cicero is a Roman orator who also adds to the evolution of rhetoric. Cicero is a
proponent of the liberal arts. As an orator he believes that a successful speaker should
have general knowledge in a variety of subject matters. He developed what is know as
the five canons of oratory:
1. Invention- This is the first step where an orator begin to locate his proofs and
decide what arguments to make. This is also the time to anticipate the
arguments that will be made by the opposition and prepare to refute it.
2. Arrangement- Organization of the speech. An orator has to be aware of the
primacy and recency theories.
3. Styles- Take the proofs and five them style. Use figures of speech, metaphors,
analogies, parables, fables, etc.
4. Memory- This is not intended for an orator to memorize a speech. Use
mnemonic devices and other tricks to remember the main points.
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5 . Delivery- Final step in the process. Roman delivery is very theatrical. Cicero
viewed public speaking as a performance art.
There are three functions to Roman rhetoric:
1. Conciliate to win over
2 . Teach to inform
3 . Excite to move
want audience to like/trust the speaker
want to instruct/convince/teach audience
want audience to act upon what is requested
Cicero differs from the Greeks because he is not trying to seek the absolute truth
with rhetoric. He is trying to assist people in becoming public speakers. Where Plato
would be trying to find out what the ideal situation is and trying to stride towards that
ideal Cicero is just worried about how to get things done. Cicero takes on Greek ideals,
but he has made them more practical for the public.
Shortly after the time of Cicero, rhetoric dies out for quite some time. About 400
years later a lawyer by the name of Augustine reads Cicero' s works. Augustine applied
rhetoric to Christianity to spread the gospel. In this way Christianity and rhetoric saved
each other. Augustine wants rhetoric to be seen as good. It cannot be morally neutral or
pagan because that would not be consistent with the word of God. Augustine argues that
rhetoric can be used for priests and bishops to teach the Bible. He does not want it to be
seen as persuasion because persuasion is not considered morally good.
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Intentions of the Framers and the Development of the Rhetorical President4
The Origin of the Presidency
When the framers of the Constitution originally developed the executive branch
of government, they did not want what is currently acceptable of a President. They had
the intention that nobody would campaign for President of the United States; it was up to
the Electoral College to fulfill that task. Presidents were expected to have the same
demeanor that is carried by those who currently are potential candidates for the 2000
vice-presidency: keep quite, keep your head down, and act like you do not want it. In one
of the Federalist Papers, Alexander Hamilton was worried that the process to elect a
president set up by the Continental Congress would lead presidential candidates to
"campaign" for office. Little could Hamilton have realized how true his prediction would
be. We are far past the point of electing a president who does not campaign.
The Rhetorical Presidency
In his book, The Rhetorical Presidency. Jeffry Tulis outlines the development of
the executive office rhetorically. The 19th Century President, as determined by Tulis, was
one who did not give many public orations. Those that he did give were deliberate,
written, thought out speeches to Congress. Most of the speeches that were given in
public basically told the people that because of his office, the president would not be able
to give them a speech. The masses cheered for these types of speeches, although nothing
was said. The exception to the rule is Andrew Johnson, who spoke out in public quite
frequently. He received impeachment proceedings for his efforts.
4 Unless cited otherwise, all information in this section comes from Dr. Eric S. Heberlig's "American
Presidency" class taught at Gustavus Adolphus College in the Spring of 2000.
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The rhetorical style of the presidency began to change into what Tulis refers to as
the 20th Century President. The initial change took place during the Theodore Roosevelt
administration. Roosevelt used what he referred to as the "bully pulpit" to speak to the
American public. The reason Roosevelt broke the traditionally silence is because he felt
that there was a possible class war during his presidency. (War= Crisis) He used the
bully pulpit to explain legislation that was passed, like the Hepburn Act and the Square
Deal, in a way the masses could understand it. Roosevelt wanted to educate the people so
they could understand why breaking up monopolies would benefit them.
President Woodrow Wilson took this rhetoric one step further. He disagreed with
the framers. He believed that the people elected the president for making the best
decisions. Unlike Roosevelt, who merely educated the public, Wilson would use his
power to persuade public opinion in favor of his ideas. James Madison feared this type
of "demagoguery" because he believed that if the president exercised this much power
the people would be ruled by passion and not reason. In other words, the president would
be able to excite the people, although the people may not be given the best decision to be
excited about.
It is through this transformation of the rhetorical presidency that debates have
become a part of American politics. What the framers had feared in "campaigning" has
become a cornerstone of current presidential elections. For better or for worse, there is
no changing the transformation that has taken place.
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The 1960 Kennedy-Nixon Debates5
The genesis for the [1960 Presidential] debates originated in a most unlikely
person: Lar "America First" Daly. Daly, who had the eccentric habit of campaigning in a
red-white-and-blue Uncle Sam uniform, was a perennial candidate for one office or
another. In his 1959 campaign for mayor of Chicago, he filed a complaint with the
Federal communications commission (FCC) because certain television stations had
denied him equal time after showing film clips of other candidates. He filed his
complaint under Section 315 (a), the equal time provision, of the Communications Act of
1934 . The FCC ruled in Daly's favor on February 19 , 1959 . The ruling was potentially
devastating, as Nicholas Zapple noted:
This ruling had a crippling effect on broadcast journalism. It required a
broadcaster who devoted one minute to a legally qualified candidate participating
in any program-whether it be a discussion of atomic energy of the need for
adequate defense, a ribbon-cutting for a new road or bridge, or the opening of a
charity drive-to make available a minute to time to every other legally qualified
candidate for the same office.
Congress acted quickly to amend Section 315 to exempt news programs and
documentaries from the equal time provision.
In 1960 Congress opened hearings on whether television stations and networks
should be required to make free time available to qualified presidential candidates. At
the suggestion of CBS President Frank Stanton, who testified in these hearings, Congress
voted to suspend Section 315 temporarily for this purpose and thus set the stage of the
Kennedy-Nixon debates.
5 Most information in this section comes from Theodore Otto Wind, Jr. in Rhetorical Studies of National
Political Debates 1960-1992. Refer to this source for other works cited in this section.
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In the spring and summer of 1960, NBC and CBS offered to set aside time for
joint appearances by the two candidates as well as to provide additional time on other
programs. When the Republican convention nominated Richard Nixon, a week after
Kennedy had been officially nominated, General Sarnoff sent a telegram to both
candidates inviting them to participate in a series of what he called "great debates."
Kennedy accepted immediately, and Nixon followed suit a few days later. In his
autobiography, Six Crises, Nixon stated "that by this time [after the nomination] the
question we had to decide was not whether we should have debates-but rather, how they
should be conducted." To th
International Women's Rights Issues and U.S. Involvement: A Comparative Study of African Female Genital Mutilation and Chinese Reproductive Oppression and Analysis of Varied U.S. Involvement
No full textThe United States government has through statements and action classified some global issues of female corporeal oppression as salient, and some as secondary and less worthy of action and objection. Two such issues are current and worth comparison and dissection-female genital mutilation (FGM), which occurs mainly in Western Africa, and female reproductive oppression through the Chinese government's One Child Policy. A close inspection of these phenomena reveals two undeniably severe forms of oppression. The two do not differ so significantly from a humanitarian standpoint to justify noticeably varied treatment by the U.S. Yet U.S. involvement and policy illustrate two very different stances, and an ultimate attempt to explain the differing treatment seems necessary.International Women's Rights Issues and U.S.
Involvement:
A Comparative Study of African Female Genital Mutilation and Chinese
Reproductive Oppression and Analysis of Varied U.S. Involvement.
By: Nichole Rae Orluske
Gustavus Student Repository
Nichole Rae Orluske
The global community is becoming increasingly and irrevocably interconnected. Because of
this, many of the largest political issues today are international in scope. One aspect of such
politics is the debate of universal human rights. The possibility of global standards for human
rights bas been an international debate since around the 1950s, when several covenants on
human rights and freedoms were drafted. The Universal Declaration of Human Rights was
framed in 1948, and forcefully argues for the "inherent dignity and of the equal and inalienable
rights of all members of the human family" (llumoka 309). Each nation-state's government
possesses at least somewhat particularistic opinions on what rights, freedoms and protections are
owed all humans. Not surprisingly, attempting to establish a universal code or law of human
rights causes a great deal of conflict between nation-states, whose governments disagree on
many points. One "sub-sect" of the human rights debate is the specific issue of women's rights.
Within the past few decades, issues concerning women's rights have generally centered on a
comparative lack of freedom in a given area. Many of today's concerns are focused on middle
and lower income, or developing countries (with an annual GNP per capita of less than 4,000 US
dollars). The right to earn wages, the right to own land, and the right to fully participate in and
be elected to government are some of the milder, easier to discuss issues. Unfortunately, in many
of these developing nations, women are not only denied numerous economic and political freedoms,
they are also denied the freedom to govern their bodies.
Interestingly, the United States government has through statements and action classified
some global issues of female corporeal oppression as salient, and some as secondary and less
worthy of action and objection. Two such issues are current and worth comparison and dissection-female
genital mutilation (FOM), which occurs mainly in Western Africa, and female reproductive
oppression through the Chinese government's One Child Policy. A close inspection of these
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phenomena reveals two undeniably severe forms of oppression. The two do not differ so significantly
from a humanitarian standpoint to justify noticeably varied treatment by the U.S. Yet U.S.
involvement and policy illustrate two very different stances, and an ultimate attempt to explain
the differing treatment seems necessary.
I.
FGM has been reportedly practiced on nearly every continent. However, the concentration of
the practice lies in Africa, specifically in central and western African countries such as Sudan,
Egypt, Ethiopia, Kenya, Chad, Niger, Nigeria, Mali, Ghana, Burkina Faso, Mauritania, and so
on. For many years, FGM was termed "female circumcision," a noticeably neutral and impersonal
phrase (Dorkenoo 4)1
. FGM takes several variations. Circumcision is literally known to be the
removal of the clitoral hood, and as the mildest form of mutilation, is the only method which is
equivalent to male circumcision (Dorkenoo 5). Excision is the "partial or total cutting of the
clitoris and all or part of the labia minora . . . , approximately 80 percent of those affected
undergo excision" (Dorkenoo 5). Infibulation is the most severe form of FGM. Infibulation is
characterized by the cutting of "the clitoris, labia minora and at least the anterior two-thirds and
often the whole of the medial part of the labia majora." The sides of the vulva are then "stitched"
together by various methods-- silk, sutures, thorns, or twigs, "thus obliterating the vaginal introitus
except for a small opening . . . The girls legs are then bound together from hip to ankle and she is
kept immobile for up to forty days to permit the formation of scar tissue" (Dorkenoo 5). A few
other methods of FGM have been classified, which involve varying combinations of the above
described methods. These methods include intermediate infibulation, and a specifically Muslim
practice of Sunna, which means tradition.
As mentioned, excision and infibulation are much more severe than male circumcision.
"Biologically, the male equivalent of mutilation beyond circumcision as described would be
2
1 Efua Dorkenoo is the director of FORWARD International, an organit.ation for activism and education
against harmful traditional practices, which focuses mainly on FGM.
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various degrees of penisectomy--removal of the male sexual organ" (Dorkenoo 5). FGM is
performed mainly with various knives and razor blades, and occasionally with glass and scissors.
The frequency of practice varies by region and culture. It was estimated in 1994 that "over 100
million girls and women in Africa alone are genitally mutilated. At the current rate of pop1,llation
growth in Africa, two million girls a year--some 6,000 per day--are estimated by some authors to
be at risk of FGM" (Dorkenoo 31). However, it appears that a complete and accurate count of
mutilated women is not available, and those which provide estimates are many times incomplete
(Dorkenoo 31). "One or more forms of FGM are reported to be practiced in more than 28
African countries" (Dorkenoo 31), although the determinate factor in prevalence seems to be
ethnic group rather than national borders.
In most rural areas, specific women usually perform the mutilation, taught by their older
female relatives. In many such areas, these women hold places of respect in their society. In
urban settings, FGM is performed in hospitals by doctors, nurses, and midwives. "Aside from the
economic aspects, the justification given for medicalization of female genital mutilation is that it
is better to perform the mutilation in a hygienic environment to avoid infections, to control pain
and to encourage the less drastic forms of mutilation as a first step towards its eradication"
(Dorkenoo 9).
The age of females subjected to FGM varies as well. A few groups perform it shortly after
birth, and many perform it from early to late adolescence. It has also reportedly been practiced
just before marriage, and occasionally when a woman is widowed (Dorkenoo 11-12).
The individual results of FGM are both immediate and far-reaching. Obviously, the practice
of cutting without anesthesia causes extreme pain and suffering. FGM has by many been classified
as torture. After the cutting is complete (about fifteen to twenty-five minutes), the issue of
infection arises. In some cases, girls have died due to severe infection caused mainly by unsanitary
tools and conditions. Hemorrhage due to ruptured blood vessels can also occur, as well as
"post-operative shock ( death can only be prevented if blood transfusion and emergency resuscitation
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are possible). The bad eyesight of the operator or the resistance of the child may cause damage to
other organs: the urethra, the anal sphincter, vaginal walls or Bartholin' s glands." Many girls
also experience painful and damaging urine retention, "due to pain and fear of passing urine on
the raw wound" (Dorkenoo 15-16).
The long term effects vary based on the severity of the practice. The most common and
obvious effect of excision is lack of sensation during intercourse--the elimination of a woman's
capacity for sexual pleasure. Complications also common to excision include dysmenorrhoea
(pain during menstruation and inability to pass menstrual blood, because the opening is too small
and the blood literally gets "backed up"), chronic vulva! abscesses, and most severely, the
"rendering of the whole genital area permanently and unbearably sensitive to touch, [through]
the development of a tumor composed of nerve tissue, at the point of section of the dorsal nerve
of the clitoris" (Dorkenoo 15). Uteral and vaginal infections are also common results of genital
mutilation. At times, girls suffer from dyssmenorrhoea so severely that their bellies swell and
their periods stop. This phenomenon can go untreated for too long at times, due to the assumption
that the girl is pregnant. If proper medical attention is given the girl, the truth of her circumstances
will be realized. However, she will have to be defibulated in order to release the possibly liters of
rotting blood (Dorkenoo 16).
Women subjected to infibulation often experience serious pain during intercourse, and are
endangered during childbirth. Infibulation often leaves far too small a vaginal opening, and
women experience tearing during intercourse. In childbirth, women in rural areas have at times
died from extreme tearing, and at the very least, experienced severe pain due to the inelasticity of
the scarred skin (Dugger 6). In urban areas, many doctors automatically resort to performing
cesarian births, while others will perform defibulation. According to Dorkenoo, difficulties also
arise for African women who marry men from westernized countries, by choice or through
family arrangement:
They are infibulated, and on their wedding day they have to be defibulated . . . And of
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course the [British] medical profession ... does not understand this issue, so they cannot
go to British doctors and say, Could you open me up? The doctors would just freak out. So
the women do it themselves. And in order to do it without the neighbors hearing about it,
they have to .. . muffle the noise. And the other women hold you down to do this (qtd. in
Walker, Parmar 245).
Though FGM manifests differently by region, a few factors appear fixed. Young girls in
societies practicing FGM do not generally know of the practice before being subjected to it.
Before the girls are sent to be circumcised, excised, or infibulated, they are generally told by
their mothers that they are about to "become women," or are going to a celebration. When
female members of such a society are asked about justifications for the practice, a reference to
• tradition is almost always made. In an interview with Alice Walker; the mother of a recently
circumcised four- year-old daughter talked candidly about tradition and FGM. When asked if it
was difficult to send her child to be circumcised', she answered, "Yes, I felt sorry for her ... but
I couldn't keep her, because it's the tradition and the child had to go" (Walker, Parmar 322).
Walker also asked the mother where this tradition came from, and if she would change it:
Our great-great-grandparents used to do it, and we don't know the reason why, or why we
are still doing it and will continue to do it." "I can't imagine that we would have the power
to stop it. I don't have the power to stop it, but if I did, I would make it stop ... Because of
the pain (323).
Some women, like the mother quoted above, are willing to denounce the practice, and admit that
they feel powerless against their society, and tradition. Other females will contend the opposite.
Among the many females Walker has interviewed were two recently circumcised girls. The gir ls
admitted that they were not told they were about to be circumcised, but continued that they were
5
2 Alice Walker has authored a number of texts on FGM, and co-produced a documentary on the practice,
with a contemporary on the subject, Pratibha Parmar.
'I must use the vague term "circumcised" at times to refer to mutilation in general, because in the case of
individuals, the specific type of mutilation is often not discussed.
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not afraid once they were told, that in fact it was a very happy time for them. These girls
respectfully referenced tradition. When asked if they would like to know why they had been
circumcised (since they had not been told), the girls said they did not want to know, that it had
been a happy time for them, and that they planned to do the same to their daughters one day.
Walker told the girls that "many people in the world do not do this to their children," to which
one responded, "I don't know anything about those children and those women who haven't been
circumcised. It's our tradition; maybe it's not their tradition-- that's why they're not practicing it.
But our tradition we will practice and we will see that it continues" (Walker, Parmar 313).
Though many females deny the negativity of the practice, defending their culture and traditions,
some have gone so far as to flee their villages and families, even seeking political asylum from
FGM. Aminata Diop fled Mali in the early nineties, seeking asylum in Paris. Unlike many young
teens, Diop had learned of the pain and danger associated with FGM before her parents decided
to send her to be excised: "I had a friend whom I loved a lot who died as a result of the excision.
She was excised on a Thursday, and the following Monday she died. That's when I decided it
would never happen to me" (Walker, Parmar 258). Diop realized that she would not be able to
live in her village without being excised-- her father would not accept her, and her fiance refused
to go through with marriage, saying he "could not be proud of a woman who would be dirty, who
would be like a whore ... "(Walker, Parmar 259).
Diop's fiance touched on deep cultural myths in his denouncement of her. The idea that
uncircumcised women are dirty and even immoral is prevalent in many societies practicing
FGM. These are the specifics of the ever vague "tradition" justification. Another cultural myth
which applies only to females in these societies is that uncircumcised women are not "good
Muslims," and should not be allowed in Mosques. This was the case with Diop's mother, who
was convinced that the Koran specified that Muslim women must be circumcised, though it does
not (Walker, Parmar 256). As one of many illiterate females in Africa, Diop's mother relied on
what others told her of the Koran, unable to read and investigate it herself.
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While researching for her texts on FGM, Walker interviewed several women who are generally
known as "circumcisers." Often the grandmothers of the societies, these women perform the
actual cutting on the girls. Some discuss little more than tradition, while others divulge their deep
pain at having performed the rituals. As is true for all of Africa, opinions on the practice vary
from one extreme to another. A woman from The Gambia, referred to only as Circutj1ciser One,
shared with Walker her very reserved and traditional opinions on FGM. Like many, the circumciser's
mother and grandmother performed the practice, and taught her to continue it. In her fifth year,
Circumciser One said she could not remember how many she had cut, or even if it was in the
hundreds or thousands (Walker, Parmar 302). When asked why circumcision is done, the woman
replied "It's [the] tradition. The grandparents, their folks' parents, have been doing it and inherited
it from them" (Walker, Parmar 303).4 Concerning her reaction to each child's tremendous pain,
each child's screams, her translator relates the circumciser's emotions:
She doesn't feel anything. She says she doesn't feel anything because she--she had
experienced it and her mother did it to her, so she feels it--it's not a harm, not a harm to
them .. . And even if the child is crying, she doesn't know whether the child is crying or
not. All she knows is she's doing the operation and ... she doesn't hear the child cry
(Walker, Parmar 304- 305).
Circumciser One also strictly refused to reveal any of her methods or tools, adhering to tradition
and protecting her family secrets.
Conversely, another circumciser interviewed by Walker revealed intense sadness at both
what had been done to her, and what she now does to young girls:
Can you imagine the life of a tsunga ( circumsiser) who feels? I learned not to feel. You
can learn not to. In this I was like my grandmother, who became so callous people called
her 'I am a Belly.' She would circumsise the children and demand food immediately after;
7
"Many quotes have been translated for the texts, and are assumed accurate.
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even if the children still screamed. For my mother it was a torture. Then, one day, my
mother had to circumcise the girls in my age group . . . And when my turn came she tried
to get away with cutting lightly ... What my mother started the witch doctor finished . ..
He showed no mercy. In fright and unbearable pain my body bucked under the razor-sharp
stone he was cutting with .. . I could never again see myself, for the child that finally rose
from the mat three months later, and dragged herself out of the initiation hut and finally
home, was not the child who had been taken there. I was never to see that child again
(Walker Parmar 209-210).
For this woman, named M'Llssa, circumcision was a craft handed down to her, a profession she
could not deny. Tradition forced her to experience pain which she can vividly recount decades
after, and sadly, forces her to wield that pain upon others. Unlike many however, M'Lissa gives
a candid account of her true feelings about the practice, though she does not claim to believe it
can be stopped.
II.
While the physical and emotional detriments of FGM are apparent, the social ramifications
are more complex. However, the cultural result is unmistakable--women in societies practicing
FGM are subjugated to the will of men, and are victim to a uniquely gruesome and agonizing
practice simply because they are women. To truly attempt an understanding of the survival of
FGM, one must first ask what specific myths and traditions are used to justify the practice. The
myths vary widely between tribes and cultures. Though many of the details change, the theme of
female sexuality as a danger, detriment, or rival to male sexuality is prevalent. "From these
myths it can be seen that the clitoris is viewed as a 'rival to the male sexual organ and is, as such,
intolerable to men"' (Dorkenoo 34). Some tribes claim that the clitoris will interfere during the
birth of a child, others claim that an unexcised woman could cause a man to die during intercourse
"by the secretion of a poison from the clitoris . . . " (Dorkenoo 35).
Many societies bluntly assert that female sexual desire is evil, unchaste, and immoral, and
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therefore must be controlled. Religion is also frequently used to justify FGM. As mentioned
earlier. the Koran never mentions the practice, but many African women are illiterate, and have
no way to challenge the lies they are told by elders and men. While many scholars and religious
leaders agree that some of the teachings of the prophet Mohammed can be construed to suggest
excision for girls of the nation of Islam, "there is unanimous agreement that infibulation is
forbidden in Islam" (Dorkenoo 37). It has also been stated by s·heikh Mahmoud Shaltout', that:
Islamic legislation provides a general principle, namely that should meticulous and careful
examination of certain issues prove that it is definitely harmful or immoral, then it should
be legitimately stopped . . . Therefore, since the harm of excision has been established,
excision of the clitoris of females is not mandatory obligation, nor is it a sunna (quoted in
Dorkenoo 37).
Despite this assertion by a highly respected figure in the Islamic world, the general populace
changes little. This is due largely to the remoteness and lack of communication and technology
throughout much of Africa. and many other cultural factors such as illiteracy.
Myths abound as to why women should undergo FGM. They refer to women's supposed
dangerously uninhibited sexuality, and to the uncleanliness of women's genitals. The myths rely
on religion, even when it does not literally support them. From a sociological standpoint, FGM is
justified through its association with female rites of passage. FGM is generally accompanied by
ceremony which supposedly unites females, as well as teachings of the "duties and the desirable
characteristics of a good wife and mother" (Dorkenoo 39). Many critics of this rationale note
that a great deal of the overall ceremony has fallen away from the practice, and as the girls are
increasingly excised at a young age, the passage into womanhood is less and less an associated
issue (Dorkenoo 40). As to the justification based on "purifying" or "making clean" the female
genitals, the opposite result is actually, medically obtained. After infibulation, "urine and menstrual
9
5Shaltout is the fonner Sheik of Al Azhar , which is located in Cairo, and is arguably the most famous
univenity of the Islamic world, according to Dorkcnoo.
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blood cannot escape, naturally resulting in discomfort, odor and infection" (Dorkenoo 40).
Whether the reasons are religious or secular, their combined effect is entirely peIYasive, and is
constantly reinforced.
III.
Beyond u
Overlegislation In America: Its Causes, Effects, and Future
No full textI worked at a small AM radio station in New Ulm, Minnesota for approximately one year. In my time on the air, I would occasionally discuss controversial political topics along with the usual news-information format. I would always invite and encourage calls, but I never received more than one per 4 ½ hour shift. When I decided on a topic for my thesis, it seemed like a good idea to bring it up on the air. After all, I had opinions on the subject, and my listeners would perhaps be of some assistance in the writing of this paper, on the off chance that someone would bother to call. I brought up the topic, gave a brief background of the idea, and went to a commercial. What followed left me figuratively (not literally) speechless. The lines lit up; everyone in this rural town had an opinion or a horror story to share. I received call after call, including one from a woman in a St. Peter mental hospital who complained about the hassle involved with getting her medication! The station was certainly not used to, nor equipped for, the volume of calls I received that night. At the end of my shift, I had fielded almost twenty calls-an extraordinary number relative to past attempts. I began to realize that this was an issue of the direst kind, and one that all citizens must be made aware of.Overlegislation In America:
Its Causes, Effects, and Future
Gregory J. Joseph
Thesis
Prof. Chris Gilbert
May 23, 2000
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Table of Contents
Part I. Peering Out From the Shadows ................................... ........................ 1
Part II. Drafting the Blueprints for More Blueprints ............................................ 5
Part III. The Shaky Foundation .................................................................. 15
Part IV. Building Toward a Solution .................................................. .......... 24
Part V. A Vision Beyond the Rubble ........... ................................................. 30
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I. Peering Out from the Shadows
" ... It will be of little avail ... if the laws are so voluminous that they cannot
be read, or so incoherent that they cannot be understood ... or undergo such
incessant changes that no man who knows the law today can guess what it
will be tomorrow. "1
The Federalist Papers
I worked at a small AM radio station in New Ulm, Minnesota for approximately
one year. In my time on the air, I would occasionally discuss controversial political
topics along with the usual news-information format. I would always invite and
encourage calls, but I never received more than one per 4 ½ hour shift. When I decided
on a topic for my thesis, it seemed like a good idea to bring it up on the air. After all, I
had opinions on the subject, and my listeners would perhaps be of some assistance in the
writing of this paper, on the off chance that someone would bother to call. I brought up
the topic, gave a brief background of the idea, and went to a commercial. What followed
left me figuratively (not literally) speechless. The lines lit up; everyone in this rural town
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had an opinion or a horror story to share. I received call after call, including one from a
woman in a St. Peter mental hospital who complained about the hassle involved with
getting her medication! The station was certainly not used to, nor equipped for, the
volume of calls I received that night. At the end of my shift, I had fielded almost twenty
calls-an extraordinary number relative to past attempts. I began to realize that this was
an issue of the direst kind, and one that all citizens must be made aware of.
When the average American picks up the morning paper, he sees a world in
political turmoil-a communist dictatorship in Cuba, egregious human rights abuses in
Africa, and the like. While he is quick to gasp at these horrible states of affair, a specter
of massive proportion looms over his own head. If this American cast the same insightful
glance at the United States government, he would see a new set of abuses, a new mass of·
violations against freedom, and a new dictatorship: paperwork, overlegislation, and red
tape. He would see his own government committing crimes against the common man,
discouraging the very principles that built this country, and perhaps worst of all,
legislating against both the common law and common sense. The law has effectively
broken itself.
What do I mean? Perhaps this will help: The aforementioned newspaper in the
man's hands has already come under intense government scrutiny by a myriad of
government agencies. The manufacturers of this paper are forced to obey regulations set
out by numerous organizations, and the finished product must meet many other
requirements. (Remember, none of this begins to describe the standards applicable to the
ink used in the newspaper) The Environmental Protection Agency (EPA) must first
ascertain that the paper does not contaminate our air or water, in its production or its final
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state. The General Services Administration (GSA) must be sure that the paper has been
created using only the appropriate amount of post-consumer products: it must be at least
thirty percent post-consumer material (or, if that is not available, twenty percent) for it to
be used by the government. The Department of Energy (DOE) must ensure that the paper
contains the appropriate amount of wood for burning purposes. The Department of
Agriculture (DOA) must hold the finished wood pulp product to its exacting measures.
The Occupational Safety and Health Administration (OSHA) serves to protect the
workers at the paper plant from the noxious fumes that may collect in the factory air, and
therefore must restrict the manufacturers' use of chemicals in the paper's production.
Assuredly, almost every government-related agency has a definition for what is meant by
paper. This definition is also undoubtedly spelled out in painstaking detail over
numerous pages, ironically, in the Paperwork Reduction Act.
This is modem government, overlegislation at its finest. Unlike a federal
document, this essay will only define overlegislation in brief, succinct words: The act of
creating too many laws to solve a problem that could have been remedied through an
appeal to common sense. While the ideas of "common sense" and "too many" are
perhaps seen as vague in some respects, I use them with intentionally limited specificity.
The openness within this definition allows precisely what a rigid law restricts: human
interpretation and judgment. As the saying goes, a law is a screw that can only be
tightened. Perhaps in this vein, "common sense" and "human judgment" could be
likened to a carpenter's level, finding the middle ground of the two extremes through trial
and error.
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The idea of overlegislation is closely tied to inefficiency, excessive paperwork,
and so-called red tape. Through the creation of too many laws, bureaucrats have forced
themselves into creating vast regimes of workers to process the reams of paperwork
returned each year by Americans. As a result, efficiency is lost, and previously
nonexistent barriers within the process appear. In many cases, these barriers are
insurmountable, necessitating more legislation. The entire process comes to resemble a
dog chasing its tail. The concept of overlegislation, its causes, its symptoms, its effects,
its social and economic consequences, and its toll on our government structures is crucial
to understand. The United States is in danger of walking unknowingly into a state of
utter despair.
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II. Drafting The Blueprints for More Blueprints
"If there isn't a law, there will be."
Harold Faber
"If you laid all our laws end to end, there would be no end"
"Bugs" Baer
The United States government has gone through remarkable changes since its
birth. The founding fathers took extensive measures to prevent government tyranny by
separating the three branches, and establishing a checks-and-balances system within
them. The government would safeguard the basic rights of the individual, while still
remaining accountable to him. In the American Revolution, citizens developed a strong
urge to do away with the unreasonable directives imposed on them by England. Most of
these government orders were directly related to the administrative process, with the
exception of taxation.
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Moving from the time of the founders to the middle of the 19th century, little had
changed in terms of government bureaucracy. Federal expenditures in 1800 amounted to
approximately two dollars per American citizen. In 1850, total appropriations for
government expenses came to roughly 100 billion.18 Of course, this
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figure does not take into account the time and money spent in paperwork or otherwise by
the 010 to reach these findings. Even with the money lost in following procedure in this
case, however, the 010 certainly came out significantly ahead. Inspectors General
controlling particular agencies predictably varied in effectiveness. It w
Britain: A Reluctant Member
No full textWhat is the European Union? Why is Britain a reluctant member of the EU? Is Britain ambivalent toward European integration? Among the factors that have led to British resistance toward integration with the rest of the European continent is Britain's history as a world power, and the fact that Britain, at one time, set the tone for the world to follow. Britain at one time was the most dominant power in the world, and was concerned with global affairs, since she had colonies worldwide, along with trading partners on several continents. Britain's hesitance to surrender her national sovereignty, still evident today, is especially evident in the euro debate. The euro is the common currency that the majority of European Union (EU) members developed and joined. The euro links all the currencies of EU members together, rather than having individual nations each with its own national currency; the euro will be a united currency that is accepted in all member countries.Britain: A Reluctant Member
By:
Melissa Barkalow
Spring 2001
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What is the European Union? Why is Britain a reluctant member of the EU? Is
Britain ambivalent toward European integration? Among the factors that have lead to
British resistance toward integration with the rest of the European continent is Britain's
history as a world power, and the fact that Britain, at one time, set the tone for the world
to follow. Britain at one time was the most dominant power in the world, and was
concerned with global affairs, since she had colonies worldwide, along with trading
partners on several continents. Britain's hesitance to surrender her national sovereignty,
still evident today, is especially evident in the euro debate. The euro is the common
currency that the majority of European Union (EU) members developed and joined. The
euro links all the currencies ofEU members together, rather than having individual
nations each with its own national currency; the euro will be a united currency that is
accepted in all member countries.
Britain, as an island nation, has cut itself off from European involvement for
many centuries, unless the situation involved British interests or threatened British
power. Britain, following World War lI, was still a 'strong power' and was interested in
preserving or gaining a greater relationship with the United States, also known as the
'Special Relationship.' The British entered into the 'Special Relationship' in part to
keep up the 'illusion of grandeur' as Stephen George, a Professor in Politics at the
University of Sheffield, puts it, since the officers in the Foreign Office knew that Britain
was no longer a match for the United States or the Soviet Union in terms of power and
influence, but did not want to face this reality. The 'Special Relationship' can still be
seen today in various aspects such as the North Atlantic Treaty Organization (NATO) or
military technology sharing, but the United States is the nation setting the tone and
Britain is following. Britain also had the Commonwealth that helped keep Britain a
world power long past her prime. British membership in the Commonwealth delayed
British entrance into the united Europe system, first with the European Coal and Steel
Community (ECSC), then the European Economic Community (EEC), though Britain
finally joined the European Community (EC). At the time the ECSC was created, Britain
still conducted the majority of its trade with Commonwealth nations rather than with
European nations, but the roles have been reversed, though Britain is still not fully
integrated into the European economy. Britain has strong trading ties with many
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European nations; the EU is also a large job market for British citizens. British world
dominance, politically and economically, has eroded over the last five decades, and the
current situation in Britain, under Prime Minister Tony Blair, is one oflooking to become
more integrated in Europe, and to play a larger role with her European neighbors. But,
many British citizens are reluctant to do this, which may in part be a psychological
constraint for further integration into Europe. Major areas of concern facing Britain
today as she examines her involvement in the EU are the Euro, a European military force
to go along with NATO, and enlargement debates.
The years following World War II were an interesting time. The Allies were
victorious, and proceeded to carve up Germany and Europe among themselves. The
world, following the war, was divided into two spheres: The American led, free
democratic, capitalistic world, and on the other side were those areas under the control of
the Soviet led Communist rule. With this dividing of the world new alliances were
created and new superpowers emerged onto the world scene; some old powers faded
peacefully away, while others stayed on center stage too long. Europe, following the
war, was also divided into two. In the Western half, countries were free and democratic,
with new alliances being formed, led by France and Germany, while Britain decided to
hold back, preferring to maintain its traditional role as a dominant world power and retain
its colonies and Commonwealth, not wanting to tie itself down with an alliance to
Europe.
Britain has a legacy as a dominant state on the international scene. Especially in
the nineteenth century, Britain was the international power with a vast empire. It was said
that 'The sun never sets on the British Empire.' This heritage is what Britain was trying
to maintain in the post-WWII years, with the illusion of dominance as a front, for a nation
that was severely hurt during the war. Britain, largely due to her success as the first
industrialized country, became the dominant state in the world; this dominance allowed
her 'to usher in the age of free trade,' and to act to maintain this stability (George 12).
So, it became habit for British policy makers to look at British external policy, including
economic policy, and how she would contribute to the maintaince of the world order
(George 12). National interests for Britain meant the whole world, since the British
Empire was vast and global; politicians had little time to concentrate on European affairs,
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which thus held a minor position in British foreign policy, wrote Stephen George (12).
British policy towards conti nental Europe had been one of maintaining a balance of
power, in the nineteenth and early twentieth century. While most of the European nations
were concerned with rebuilding their nations following WWII, be it economically or
regaining their national identity, Britain focused her foreign policy in global terms
(George 13). This was due in part to the fact that Britain still had world responsibilities,
with colonies and the Commonwealth. However, Britain's economic power was greatly
diminished after the war; in fact, Britain was nearly bankrupt by the end of World War II,
and its overseas debts increased fivefold, making her world's largest debtor (Nicoll and
Sahnon 131).
It could be said that Britain took and has taken a realistic approach to its foreign
policy thoughout its history, but most specifically post-World War II. Britain
concentrated on its own self-interests rather than looking out for the good of neighbors
though cooperation and alliances, such as the 'United States of Europe' or the European
Coal and Steel Community (ECSC). Britain was the dominant state going into World
War I and emerged as still the dominant state. Again, with World War II, Britain went
into the war as a dominant power, and came out victorious and powerful, but in part this
was an illusion. Britain had become severely crippled, both economically and socially,
by the end of WWII.
After the conclusion of World War II, Europe was in a shambles and Britain was
the only victorious European nation not to fall to Nazi power. The United States (US)
emerged from the war as the leading the nation in the world, and the leader of the
democratic, capitalistic free world, opposing the Communist, socialist states led by the
Soviet Union. Britain, with her history and similarities, cultural, political, social, and
ethnic, preferred ties to the United States above those to any other nation. The United
States, following WWII, created the Marshall Plan, which gave an excess of $17 billion
dollars to Western Europe to help the states rebuild their economies, with Britain leading
the way in terms ofleadership and receiving the largest amount of aid ( George 6). The
US offered money to the Soviet Union and Eastern Europe, but the US's offer was
rejected, which helped create the "Iron Curtain" that divided Europe for more than forty
years. With the Soviet Communist threat to Western Europe, NATO was created in April
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1949 to combat this danger to the free world. NATO called for American troops to
defend Western Europe from invasion and to have forces located in Europe, ready for
immediate deployment, should anything happen. Britain was one of the leading
European nations wanting and calling for American help, be it with the Marshall Plan or
NATO. One reason that Britain wanted the formation ofNATO was to keep the United
States involved in Europe, to avoid the US return to isolation like it had following World
War I.
Britain viewed herself as an important partner with the US on the world stage.
The US looked to Britain to play a leading role in the European Recovery Program and in
the newly established integrated economic community (Carr 44). On the other hand,
France, especially under Charles de Gaulle, had an anti-American foreign policy, due to
American attempts to unseat him as the leader of the free French during World War II
( George 8). This anti-American policy persisted throughout de Gaulle's reign as the
French leader, though 1968 . He carried his anti-American sentiments over onto Britain
because of Britain's close ties to the United States. De Gaulle wanted to keep America
and American influence out ofEurope following World War II.
One way that Britain tried to keep the illusion of being a great power going was
thorough its 'Special Relationship' with the United States, and being involved in post-war
plans. Britain thought of itself as an equal partner with the US in this relationship,
but in reality Britain was a junior partner. The reality of this situation, that Britain was no
longer 'the dominant' power in the world, and in fact the power had shifted across the
Atlantic Ocean to the United States, took many years to become apparent and to set in for
Britain. Britain still has problems with this even today, the fact that Britain overrates her
power on the world scene and importance to Europe. Britain suffered from illusions of
grandeur, one reason for not wanting to tie itself solely to Europe and to stay on the
global scene. England, dating back to the Tutor time period, had always looked overseas
and with a global perspective for trade and expansion, thus Britain was maintaining those
traditional sentiments following WWll (Pfahzgraff2). Britain had developed an overseas
empire and had the Channel to separate herse:U: an island, from mainland Europe, thus
she was not overly concerned with nor wanted to tie herself strictly to European matters,
or to have British citizens consider themselves as "Europeans" (Pfalzgraff 2). The
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current situation in Britain is different today, due in a large part to the leadership of Tony
Blair, who sees the need for Britain to become move involved in European matter, and
seeks to pursue that involvement. I think this is the key for the future of Britain and the
EU.
This Special Relationship with the United States was one of the three areas that
Britain, led by Winston Churchill, concentrated on following World War II (George 14).
Churchill suggested at a speech made in 1948, at the Conservative Annual Conference,
that the British priorities lie in three spheres (Pfaltzgraff 4). The Special relationship was
the first priority, followed by the Commonwealth, and last came ties to Europe.
Churchill told de Gualle during the war that, 'There is something you ought to know;
each time we must choose between Europe and the open seas, and we shall always
choose the open sea. Each time I must choose between you and Roosevelt, I shall always
choose Roosevelt," thus showing Britain's lack of interest to commit itself to Europe or
to France under de Gaulle's leadership (Pfaltzgraff 4). Churchill said in 1953, of
Britain's relationship with Europe, that it 'can be expressed by prepositions, but the
prepositions ''with" but not "of' - we are with them but not of them' (Nicoll and Salmon
129). Prime Minister Clemet Attlee said in 1948, 'we are not solely a European power,'
thus hinting at a greater British power than was really there (Nicoll and Soloman 130).
Britain also saw Europe as politically unstable compared to Britain, with her tradition for
representative government. The idea of Britain tying herself to Europe was also in
conflict with British goals, interests, and responsibilities on the global scene. Britain
viewed herself as separate from Germany and France; she saw her power levels as similar
to those of the United States and the Soviet Union, and it took over a generation to realize
that this was no longer true.
The Special Relationship was based on the British view that the Americans
needed guidance on how to conduct themselves in international affairs. The United
States took the view that Britain should move to have closer ties with Western Europe
and its growing unity, but Britain viewed this as a mistake, thus showing America really
did need British help (George 15). The Special Relationship acted, for British policy
makers, as a psychological barrier to linking Britain with Europe, though that connection
is what America wanted, a Britain with greater ties to Europe.
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This same idea can be applied to the role of the Commonwealth. Britain thought
that being the leader of the Commonweahh would give Britain more of a voice on the
international scene than its European counterparts, so Britain could rival the US and the
Soviet Union in terms of world influence, like Britain had done in the past. Another
reason for the close ties with the Commonweahh was purely economic. Britain sent
roughly 40 percent of its exports and re-exports to the Commonweahh (George 15).
Whole sections ofBritish trade were reliant on the Commonweahh, thus a strong reason
to continue membership in the Commonweahh rather than the newly created ECSC.
Britain saw herself as a leader in the Commonwealth, of a group of heterogeneous
people, with whom the British could relate, rather than competitors found in Europe,
against whom Britain had gone to war in centuries past. This is an important point to
understand, that Britain wanted to be around and link itself to other nations who were
similar to Britain, be it the Commonweahh or the United States. In the Commonweahh,
still at this point in time, were a number of British citizens or relatives to British citizens.
The Commonweahh and British membership helped to mask the fact that Britain was
losing her vast empire and Britain was withdrawing from areas previously under British
control (Pfahzgraff2}. At the end ofWWII the Commonweahh was composed of
hundreds of millions of people and covered nearly a fourth of the globe, and Britain, by
being the leader, could still claim to be a great power, writes Robert Ffahzgraff (2).
European integration would conflict with British foreign policy and Britain's role as the
leader of the Commonweahh.
Meanwhile, the free countries on the European continent were forming
cooperative ventures, including a predecessor of the European Union (EU), the European
Coal and Steel Community (ECSC}, which developed in the years following the
conclusion ofWorld War II. In May 1950, Robert Schuman, the French Foreign Minister
of Foreign Affairs, and Jean Monnet, the first Deputy Secretary-General of the Leagne of
Nations, who became the first President of the ECSC, along with other collaborators,
made a proposal that French and German production of coal and steel come under a
common authority, with the option of opening it up to other European states (Kravis 167).
Monnet realized that France's economy by itself could not compete with the United
States, thus Monnet sought to find economic alliances that would enable France to stay
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competitive, especially with the United States, on the world market. Monnet did not
want the US to dominate, thus sought a strong, united Western Europe. The United
States supported this idea of a united Western Europe, but wanted the British to be the
leaders. The French were opposed to this view, but Britain did not want to compromise
her sovereignty, the 'Special Relationship' or her economic link with the Commonwealth
(George 19). Another reason that Britain was against membership was that Britain had
just nationalized the coal and steel industries, which had taken two hard years of
campaigning, and the government did not want to lose all that hard work, to have the coal
and steel industries fall into supranational hands. The office ofBritish economics
claimed that membership would severely hurt the British steel industry, along with
British influence globally, but in hindsight this was wrong, and by not joining Britain
really ended up hurting herself more, I believe. Not all British politicians opposed British
membership in a united Europe, as was the case of Sir Oliver Hardy, the British
ambassador in Paris, who saw the ECSC as 'a turning point in European and indeed in
world affairs' (George 22}. Hardy's comment is very true, I believe, even more so today,
with the increase in globalization, than it was during his time.
Many of these ideas were brought about largely due to the damage that the
European nations suffered during the war, thus this need for economic and political units
that extended beyond the nation-state. This was especially true in the case ofFrance,
which was determined to resuscitate foreign policy after a decade ofhumiliating retreat.
Britain, meanwhile, still being an influential world player, did not want to tie herself
solely down to Europe, especially militarily. With the threat of the Soviet Union looming
on the horizon, Britain believed she needed the United States, especially for this military
concern from the Soviets; this was Britain's highest policy objective, wrote Stephen
George (18}. While Britain wanted US aid, France did not. This is another factor for
Britain not joining the ECSC, that Britain would rather have a strong and stable link with
the US, with no conflict, and rather than risk it, Britain did not join the ECSC.
Britain, as part of the victorious party, was neither defeated nor occupied, thus did
not see the need for the British government to alter her foreign policy and become
involved in European relations, much less assume a leadership role (Pfaltzgraff3). Also,
'no British government was prepared to transfer control of the British economy, or other
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aspects of policy, from the British government to a European body, either through the
delegation of power or the acceptance of majority voting,' wrote William Nicoll, a
former Director-General in the council of the European Communities in Britain, and
Trevor Sahnon, a lecturer at St Andrew's (133). In 1946, the commonly held belief in
Britain was that the 'Special Relationship' was needed to keep Britain from becoming an
inferior member and from losing her independence, wrote Stephen George, which I
believe to be true. Britain was lacking in self-identify following WWII and the 'Special
Relationship' helped Britain maintain the identity that she wanted (19). In 1950, Harold
Macmillan, a member of the opposition party, the Conservatives, said, 'Our people will
not hand over a supranational authority the right to close down our pits and our steel
works,' thus showing the lack of British support or desire to be involved in the ECSC
(Nicoll and Salmon 133). However, members in the Conservative party in Britain
encouraged leaders to at least be involved in negotiations of the formation of the ECSC.
The official British opposition to the ECSC was based upon the Labour government's
dislike, as stated by Prime Minister Clemet Attlee, to the "supemational principles
underlying the French proposal" (Pfahzgraff 5). Attlee also said, 'We ... are not
prepared to accept the principle that the most vital economic forces of this country should
be handed over to an authority that is utterly undemocratic and is responsible to nobody'
(Nicoll and Salmon 133). Britain was not about to let decisions involving British
interests, security, or economics be taken outside of London. As Churchill said, 'Would
you agree to a supemational authority which has the power to tell Great Britain not to cut
any more coal or make any more steel, but to grow tomatoes instead? I would say,
without hesitation, the answer is 'NO.' But why not be there to give the answer?'
(Pfaltzgraff 5). Again, showing the unity ofBritish rule, a consensus developed among
members of both political parties in Britain that she was not interested in membership in
the European proposal, and I think some citizens still have problems with this even today.
Britain, prior to World War II, did not get deeply involved in European political
affairs. For many decades Britain led the Commonweahh, with worldwide influence, and
then, following the war, had a permanent seat on the United Nations (UN) Security
Council Britain did not want to