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The American dream is a unique constitutional experience and the US Constitution has so far held for 242 years
Americans celebrate the independence which falls on 4 July every year in the grandest form surpassing all other celebrations. It represents the Declaration of Independence and the birth of an independent nation which eclipsed into a major economic and military power in the world. Not only did America become an iconic country, it also introduced its system of governance across the world. The American dream is a unique constitutional experience and the US Constitution has so far held for 242 years. This is a truly unique constitution that guarantees the freedoms of life, liberty and pursuit of happiness to all Americans.
The founding fathers of America attempted to create a government that was rooted in liberal and democratic values. The underlying rational of the American Revolution was liberty. Founders realised that once the government is elected it must have the wherewithal to run the government. It was therefore imperative that the government must be elected by a popular vote. The basic foundation of the American Government is expounded in the preamble to the Constitution: “We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
Citizen participation in American democracy
The American Government has evolved over the years which is even more of a participatory democracy than was first anticipated by the Founders when they established a government ‘of the people, by the people, and for the people’, as described by President Abraham Lincoln. The American constitution bestows upon American citizens with some basic constitutional responsibilities which accompany citizenship, such as obeying laws and paying taxes, the citizen is also afforded a wide range of rights and opportunities to influence the making of public policy by the Government.
The process of citizen lobbying the Government on policy matters is widely practiced in America than in any other country. The organisations and associations play an important role in influencing the policy through their bargaining power. The most powerful organisations are the farming, manufacturing, pharmaceuticals, and defence industry. The political lobbying has now become an industry in US and regulated by a code of ethics for lobbyists in order to avoid money being introduced into legislative policy making.
The right to vote affords the citizen a constitutional right to help select representatives who will ultimately be responsible for making public policy and legislation. The American citizen also engages in political process in nominating and electing public officials by providing funding for elections and political action committees. The participation of citizens in the electoral process provides the sense of legitimacy of the Government which is in keeping with the popular statement as referred above by the President Abraham Lincoln.
American Constitution – an enduring document
The American Constitution is the central instrument of American government and the supreme law of the land. The uniqueness of the American Constitution is that it has provided the basis for political stability, individual freedom, economic growth, and social progress. Many countries have benefited from the workings of the American Constitution and the jurisprudence as outlined by the Supreme Court of the United States. The constitution theories have been emulated by several countries world over. One can say that American constitution is the world’s oldest written constitution.
The British Parliament is popularly known as the cradle of democracy but Britain does not have a written constitution but political authority is derived through conventions and precedents adopted by the Parliament throughout. Whereas US Supreme Court has delivered thousands of decisions and there is a steady build-up of case law and jurisprudence. When the constitution was originally adopted in the late 18th century to provide a governing structure for four million people in 13 very different states along North America’s Atlantic coast, its basic provisions were so soundly conceived that, with only 27 amendments so far, it now serves 309 million Americans in 50 even more diverse states that encompasses the Atlantic Ocean to the Pacific. The Constitution is now managing a GDP worth $ 19.3 trillion – through various institutions of the government. The sum total of the total value of Gross Domestic Product of the American states epitomises the US Economic might.
Uniting a diverse people
The fundamental proposition of the Constitution was to create a strong elected government, directly responsive to the will of the people thus ensuring a vibrant democracy. The concept of self-government did not originate with the Americans; indeed, there has been some measure of self-government already existed in England at the time. The political will of the framers of the Constitution ensured that the America must be governed by the people was unique, even revolutionary, in comparison with other governments around the world.
By the time the Constitution was adopted and put into practice, Americans had gained a considerable expertise in running federal government. Long before independence was declared the idea of governing federal units already had an impact as the colonies were functioning governmental units, controlled by the people. And after the American Revolution had begun between January 1, 1776, and April 20, 1777 – 10 of the 13 states had adopted their own constitutions introducing a federal structure of the governments for the states. These state legislatures itself were elected by popular vote. Now the American experiment is being studied and modified by the other countries, even the Constitution of India and 1978 Constitution of Sri Lanka have features similar to the American Constitution.
American Foreign Policy
With such a huge economy, it must ensure that it can reach the global markets through safe passage for the ships and safety and security of the vital sea lanes of communications carrying US manufactured goods. This cannot be achieved without vibrant blue water Navy and a strong military presence globally with logistical and communications facilities. The US Foreign Policy is aligned with the requirements of the US Trade and economic relations.
The former Secretary of State Hilary Clinton succinctly outlined the US Foreign Policy when she addressed the staff at the State Department. She said, “There are three legs to the stool of American foreign policy: defence, diplomacy, and development. And we are responsible for two of the three legs. And we will make clear, as we go forward, that diplomacy and development are essential tools in achieving the long-term objectives of the United States. And I will do all that I can, working with you, to make it abundantly clear that robust diplomacy and effective development are the best long-term tools for securing America’s future.”
Combatting global terrorism
Since Independence, US economic dominance has undergone tremendous changes owing to the challenges posed from its enemies. The US is dominant force in the Middle East. It has invested in the oilfields of Saudi Arabia and the region. American technology is being used in the exploration of oil and gas reserves all over the world. US presence in the Middle East is inextricably linked to US technology, know-how and capital. This has caused political issues for the regional powers and always proxy wars have been waged to dislodge or dilute American influence in political and economic sphere of some of the wealthiest countries in the world.
In the case of Middle East, religious extremism and ultra nationalist forces have unleashed violence on American political and commercial interest. The 9/11 attack in New York was a culmination of such an effort aimed at intimidating American Government through acts of sheer violence and barbarism often directed at unarmed innocent civilian targets. The details of the 9/11 attack need not be elaborated that it was a result of religious extremism being nurtured and bred by hate filled speeches spoiling minds of young people.
The American government is spending billions of dollars hunting terrorists, and pursuing the financial trails of the terrorist organisations and trying to rid the world of terrorists. US anti-terrorist fight is often backed by in UK, France and other Allies. On the contrary, China and Russia, have failed to maintain the minimum standards of governance in keeping with the international norms and standards of human rights. It must be emphasised that ridding the world of terrorists would be beneficial to both Russia and China at the cost of America. If for instance, Republic of Yemen falls to terrorist organisations, the shipping and free navigation in the region would be threatened then the international community would have to pay a heavy price.
Most of shipping traffic is through the Suez Canal. The American military presence in the region has stabilised the political order. America is often dubbed as the world policeman. If not for American involvement, some of the issues would have produced deleterious effects to other countries. China has secured a naval base in Djibouti but it is limited only to counter piracy. China has not involved in global counter terrorism as much as it should have.
Global cyber security and the financial markets.
For US, it is extremely important to maintain the international banking system which is globally connected. There have been attempts to hack US corporate sites as well as government sites. The cyber terrorists are very much on the rise. A lone hacker cannot penetrate the information technology infrastructure of a multinational company unless it has the backing of a state. The state co-operation and instigation would be required to hack a computer system in a foreign country.
In August 2015, The Washington Post reported that hackers have tried to penetrate the US Department of Defence/Pentagon computer system used by the employees of the Office of the Joint Chiefs of Staff and accused a foreign government of being behind the hack. A country where there is an absence of true democracy, media freedom, transparency, respect for human rights and accountability could possibly have engaged in such activities. The governments which uphold principles of democracy, parliamentary accountability and transparency could not engage in behaviour where computer systems of a foreign government are interfered with.
Ensuring freedom of navigation in South Pacific
The peaceful rise of China has now turned out to be an anathema. China has claimed a huge area in the South China in brazen violation of the United Nations Convention on the Law of the Sea – UNCLOS. China is a founding member of the United Nations and is bound to uphold the international law and order. The smaller countries like Vietnam, Philippines, Brunei, Malaysia, and Taiwan are in a state of defiance over this claim. The Philippines even filed a case against China and won the stand taken by Philippines.
China continues to occupy and reclaim small islands and have even built airstrips, military facilities, ports which are now operational. A few weeks back China landed a bomber to show the whole world that it is now part of Chinese sovereignty. There is evidence of more military build-up by China in South China Seas. All these constructions are in gross violation of the international law. The rational for Chinese aggression is nothing new but pursuit of hydrocarbons deep under the seabed in these areas.
This is a clear case of economic plunder and taking the resources of the countries who also claim the sea. The American presence in the South Pacific was part of the security guarantees to Japan since the time World War II was concluded. There are American naval and military bases in South Korea and Japan to provide security for these nations. The American Government is bound by bilateral treaty obligations to provide security guarantees to Japan.
Japan relies entirely for its raw materials from overseas and freedom of navigation has now been threatened by China. Chinese military often challenge American ships and aircraft not in keeping with the international accepted methods of interception and risking the lives of American crews. In November 2013, China declared an Air Defence Identification Zone – ADZ as an attempt to control the skies over South China Sea – the ADZ also overlaps part of Japanese territorial waters.
This was yet another brazen violation of the International Law. US Flew B-52 Bombers in defiance so that it could send a strong message to China that US would not recognise such zones as there has to be freedom to fly above open sea. British, French and Australian ships have traversed the South China Sea in a show of united will to ensure that freedom of navigation in ensured in the South China Sea. China is also active in Africa and financing corrupt and tyrannical regimes with the intention of bartering the mineral resources for development assistance through loans.
US development assistance
US philanthropy has been phenomenal. US also has a number of global development charities such as Ford Foundation, Rockefeller Foundation. McArthur Foundation, Clinton Global Initiative, Bill Gates Foundation and Warren Buffet, are considered major foundations engaged in development work all over the world. The US Government development arm is the US Agency for International Development USAID which has been active in Sri Lanka since independence.
In 2016 USAID has been allocated a budget of $ 27 billion for development work across the globe. USAID promotes education, health and family planning, education, environment, democracy, and economic growth. US Peace Corps is yet another development arm of the US Government. Its primary mission is to promote world peace and friendship through a Peace Corps, which makes available to interested countries and areas men and women of the United States qualified for service abroad and willing to serve, under conditions of hardship if necessary, to help the peoples of such countries and areas in meeting their needs for trained manpower. US Peace Corps have recently begun their activities in Sri Lanka especially in health and education sector.
(The writer is a political commentator, freelance journalist and holds an LLM in International Commercial Law and Post Graduate Diploma in Diplomacy.)