Reconceptualising federalism
“... Democratic and aristocratic states are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say that virtue itself has need of limits? ...
“To prevent this abuse, it is necessary from the very nature of things that power should be a check to power. A government may be so constituted, as no man shall be compelled to do
things to which the law does not oblige him, nor forced to abstain from things which the law permits ... .” - Baron de Montesquieu, The Spirit of Laws, Book XI
Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories - Thomas Jefferson, philosopher, statesman, third American president
The current war over the contentious slogan of 1Malaysia, the semiotic battle for the heart and mind of Malaysians over that propagandic tool called 1Malaysia is beginning to rage as yet another development of a general election 13 style of campaigning.
The “Yellow States of Pakatan Rakyat” as I called it, as opposed to “Blue States of Barisan Nasional” (following its association with something called 'blue ocean strategy') interests me. At issue, especially circa Perak constitutional crisis and Kelantan oil-royalty claim is the question of the powers of federalism.
How much can Putrajaya subdue these states at the time when the leaders of the Yellow states are seeing the history of the abuse of power of the federal government when it comes to control, domination, divide, and conquer?
The issue of federalism has been around since the early formations of the modern republic. The problem of separation and consolidation of powers have been discussed as early as the writings of Montesquie (see The Spirit of Laws) and early Enlightenment thinkers.
America experimented on it quite well with the philosophy of the formation of the republic, the debate over Bill of Rights, and the writing of The Federalist Papers, Albany Plan, New Jersey Plan, and a relatively stable and reasonable number of amendments to the Constitution particularly the Ninth Amendment, in regard to the issue of centralisation and decentralisation, etc.
Tension of federalism
George Lucas' Star Wars movie is about this tension of federalism, a very “American sci-fi movie rooted in Americanism”.
Thomas Jefferson did a fine job conceptualising America as a society that is rooted in individualism yet based in prioritising the needs of society - he in fact envisioned a “pastoral, romantic, agricultural America” and not Benjamin Franklin's “big business, big banks,
entrepreneurial America”.
In Malaysia, as long as the current political paradigm prevails, the issue of centralisation and decentralisation will prevail - as long as it is not a republic of virtue, ethics, and progress conceived as how America was.
This might be the single most relevant political-philosophical reality Malaysia is confronted with. America was a colony; it deposed King George and declared itself independent with social contract written well thought of.
As long as the current Malaysian ruling regime do not make a conscious effort to make radical amendments to the question of equality and equal opportunity with regard to the rights of all the races - rights to get access to economic and social services, quality education and advancement via scholarships, etc. - Malaysia will still be grappling with issues rooted in race, ethnicity, and even religion.
Come general election 13 and the possibility of a denying of a two-thirds majority of the current regime, the issue of concentration of power will see some light of resolution. Maybe a stalemate and a period of chaos reigning for some time will be naturally and historically necessary for any nation to “start from Year Zero”. After all, the march of history cannot be stopped when an idea has come to fruition and the system renews itself.
Maybe the emergence of a Thomas Jefferson in Malaysia with the idea of “all Malaysians are created equal endowed by their creator the inalienable rights ..." will wake Malaysians up to rise against the current regime to be dismantled and a better system of execution of laws to be done - so that the central is not dictatorial based on the fascist concept of ketuanan Melayu (ultra-Malayness idiotic pride) rooted in some mythical neo-feudalistic construct only a despotic
regime is clinging on to.
DR AZLY RAHMAN, who was born in Singapore and grew up in Johor Bahru, holds a Columbia University (New York) doctoral degree in International Education Development and Masters degrees in the fields of Education, International Affairs, Peace Studies, and Communication. He has taught more than 40 courses in six different departments and have written more than 300 analyses on Malaysia. His teaching experience spans both in Malaysia and in the United States and in a wide range of teaching context; from elementary to graduate education. He currently resides in the United States.
“To prevent this abuse, it is necessary from the very nature of things that power should be a check to power. A government may be so constituted, as no man shall be compelled to do
things to which the law does not oblige him, nor forced to abstain from things which the law permits ... .” - Baron de Montesquieu, The Spirit of Laws, Book XI
Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories - Thomas Jefferson, philosopher, statesman, third American president
The current war over the contentious slogan of 1Malaysia, the semiotic battle for the heart and mind of Malaysians over that propagandic tool called 1Malaysia is beginning to rage as yet another development of a general election 13 style of campaigning. The “Yellow States of Pakatan Rakyat” as I called it, as opposed to “Blue States of Barisan Nasional” (following its association with something called 'blue ocean strategy') interests me. At issue, especially circa Perak constitutional crisis and Kelantan oil-royalty claim is the question of the powers of federalism.
How much can Putrajaya subdue these states at the time when the leaders of the Yellow states are seeing the history of the abuse of power of the federal government when it comes to control, domination, divide, and conquer?
The issue of federalism has been around since the early formations of the modern republic. The problem of separation and consolidation of powers have been discussed as early as the writings of Montesquie (see The Spirit of Laws) and early Enlightenment thinkers.
America experimented on it quite well with the philosophy of the formation of the republic, the debate over Bill of Rights, and the writing of The Federalist Papers, Albany Plan, New Jersey Plan, and a relatively stable and reasonable number of amendments to the Constitution particularly the Ninth Amendment, in regard to the issue of centralisation and decentralisation, etc.
Tension of federalism
George Lucas' Star Wars movie is about this tension of federalism, a very “American sci-fi movie rooted in Americanism”.
Thomas Jefferson did a fine job conceptualising America as a society that is rooted in individualism yet based in prioritising the needs of society - he in fact envisioned a “pastoral, romantic, agricultural America” and not Benjamin Franklin's “big business, big banks,
entrepreneurial America”.
In Malaysia, as long as the current political paradigm prevails, the issue of centralisation and decentralisation will prevail - as long as it is not a republic of virtue, ethics, and progress conceived as how America was.
This might be the single most relevant political-philosophical reality Malaysia is confronted with. America was a colony; it deposed King George and declared itself independent with social contract written well thought of.
As long as the current Malaysian ruling regime do not make a conscious effort to make radical amendments to the question of equality and equal opportunity with regard to the rights of all the races - rights to get access to economic and social services, quality education and advancement via scholarships, etc. - Malaysia will still be grappling with issues rooted in race, ethnicity, and even religion.Come general election 13 and the possibility of a denying of a two-thirds majority of the current regime, the issue of concentration of power will see some light of resolution. Maybe a stalemate and a period of chaos reigning for some time will be naturally and historically necessary for any nation to “start from Year Zero”. After all, the march of history cannot be stopped when an idea has come to fruition and the system renews itself.
Maybe the emergence of a Thomas Jefferson in Malaysia with the idea of “all Malaysians are created equal endowed by their creator the inalienable rights ..." will wake Malaysians up to rise against the current regime to be dismantled and a better system of execution of laws to be done - so that the central is not dictatorial based on the fascist concept of ketuanan Melayu (ultra-Malayness idiotic pride) rooted in some mythical neo-feudalistic construct only a despotic
regime is clinging on to.
DR AZLY RAHMAN, who was born in Singapore and grew up in Johor Bahru, holds a Columbia University (New York) doctoral degree in International Education Development and Masters degrees in the fields of Education, International Affairs, Peace Studies, and Communication. He has taught more than 40 courses in six different departments and have written more than 300 analyses on Malaysia. His teaching experience spans both in Malaysia and in the United States and in a wide range of teaching context; from elementary to graduate education. He currently resides in the United States.
2 comments:
Dear Dr Azly,
Hope you are well. Thomas Jefferson indeed said that. But we all know he said that while owning dozens of slaves at Monticello. In practice, he did not practice what he preached - because he knew if they implemented the abolition of slaves at that time, the formation of US is not achievable as the issue itself will create divisions. He knew what was important at that time and purposely intended future leaders to settle the issue of slavery. Jefferson showed wisdom.
If we look at Malaysia, while I support the notion of equality among races, do you think we are ready Sir? If we look at all political parties in Malaysia, its all more or less based on race, DAP and PAS included. PKR is also governed by race and religion albeit somewhat. Uneasiness in PKR Sabah is due to factionalism and to a certain extent the issue of a Muslim helming PKR Sabah. Plus, Dont you feel there is a silent tension between PAS and DAP because of their stark differences? What will happen when they become powerful?
Nabil
Of course, Jefferson practiced exactly what he preached and it was an appeal that all Colonial Englishmen were 'EQUAL IN THE EYES OF THE LAW'
During Jefferson's time Blacks were slaves and nobody could have predicted how dangerous they would become (in modern crime rate terms).
Ben Franklin warned his fellow pioneers about the dangers of allowing Jews to settle but was ignored - to America's eternal detriment.
As to the 'Indians', they were relegated to the (as yet) 'unsettled territories' and again it would have been difficult to predict how much White taxpayers money would be expended on useless welfare programmes for the savages.
The Malays ,by contrast, in their firm dealings with the erstwhile enslaved Orang Asli,sensibly declined to tax themselves punitively in order to benefit such societally maladaptive, genetic outliers.
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