Thursday, I traveled to Hancock County, to speak at what their community foundation calls a “Collaboration Station.” My assignment was to address–or perhaps commiserate with– local elected and appointed officials who are serving at a time of intense political polarization and hostility–to offer them guidance suggested by relevant academic research.
We covered a lot of ground that isn’t necessary to include in this post, but I think the concluding portion of my presentation is relevant to the discussions that occur here–as well as consistent with the overarching message of the recent No Kings rally–so here’s that portion of my talk.
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Back in 2011, I co-authored a textbook for use in classes on public administration. That textbook was titled American Public Service: Constitutional and Ethical Foundations, and in it, my co-author and I described what we dubbed “The Constitutional Ethic.” We argued that public officials cannot make intelligent policy decisions unless they have a basic understanding of America’s constitutional framework, because government legitimacy and the rule of law require that a government’s operations be consistent with its country’s legal framework.
It was the thesis of our textbook that the U.S. Constitution dictates a very particular approach to public service—that the legal philosophy animating the Constitution and Bill of Rights establishes certain ethical norms. That philosophy starts with the Founders’ belief in limited government. I want to emphasize that—political rhetoric to the contrary–limited government is not the same thing as small government; in our system, government’s authority is supposed to be limited to areas that in our system are deemed properly governmental.
As we wrote in the introduction to that textbook, a public servant’s ability to do a job well depends upon how well that official understands what the relevant rules are, why we have these particular rules rather than others, and why we choose to solve some problems collectively through government action while leaving other problems to individuals and voluntary associations.
Public officials certainly don’t need to be constitutional scholars, but it is necessary that they understand the general principles and values on which this nation built its governing structures, because—as I said before and as I want to emphasize– ethical public service requires performance consistent with those foundational principles and values.
Let me be clear about what that means. Fidelity to our constituent documents requires a basic understanding of the constitutional framework. Public servants in the United States are responsible for discharging their various duties in a manner that is consistent with that framework, consistent with what I sometimes call “the American Idea,” the philosophy that animates our governing and legal structures. That requirement is obviously more or less relevant depending upon your job description—less to a surveyor or engineer, more to law enforcement personnel. But it applies to some extent to all public officials.
I am certainly not the only person to suggest that citizens’ current inability to engage in productive civic conversation is largely an outgrowth of declining trust in our social and political institutions—primarily, although certainly not exclusively, our government. Restoring that trust is critically important if we are going to make our representative democracy work—but in order to trust government, both citizens and political functionaries need to understand what government is and is not supposed to do. We all need to understand how government actors are supposed to behave—in other words, we need to understand what behaviors our particular Constitutional system requires, and what behaviors are inconsistent with that system. (A sound civic education would impart that knowledge; unfortunately, the current emphasis on job skills and STEM has largely displaced citizenship instruction.)
As most of you in this room understand, the choices originally made by this nation’s Founders shaped a very distinctive American culture. Those constitutional choices have shaped our beliefs about personal liberty, and our conceptions of human rights. They’ve framed the way we allocate social duties among governmental, nonprofit and private actors. I think it’s fair to say that those initial Constitutional choices created a distinctively American worldview.
Most Americans fail to understand how incredibly radical the choices made for the then-new United States were for the times. For example, in the new country our Founders established, unlike the situation in countries elsewhere, citizenship wasn’t based upon geography, ethnicity or conquest; instead, it was based on an Idea, a theory of social organization, what Enlightenment philosopher John Locke called a “social contract” and journalist Todd Gitlin has called a “covenant.” Perhaps the most revolutionary element of the American Idea was that our Constitution based citizenship on behavior rather than identity. An individual’s status and rights depended upon how that individual behaved rather than on who he or she was.
Right now, as you all know, there are elements in American society and government trying to ignore or even reverse that fundamental precept. We’ve had stunning Supreme Court decisions that allow government actors to ignore the 4th Amendment’s requirement of probable cause and to detain people based only upon their skin color or language, and we have numerous political figures who insist that White Christians are the only “real Americans” –and that others are not.
Public officials who are focused on providing basic services usually aren’t tempted to distinguish between members of the public on the basis of their identity—local officials pave streets that everyone drives on, pick up garbage from all the homes in a district, fight fires wherever they erupt and so forth. But many of you do hold positions that allow or even require the privileging of some citizens over others, and making those distinctions on the basis of identity—as some political actors at both the state and national level are encouraging you to do—would violate both the 14th Amendment’s Equal Protection clause and a foundational American ideal. Disadvantaging or firing people based upon opinions they’ve expressed, as some political actors are advocating, would be a violation of the First Amendment’s guarantee of free speech. Obeying such mandates or similar ones, would violate the Constitutional ethic.
My co-author and I had both practiced constitutional law, and at the time we wrote the textbook, we both held professorships in schools of public affairs. We wrote the book, it was adopted by several schools of public management, and we both went on to pursue other projects. To be honest, I hadn’t revisited that textbook for several years, and when I was preparing for this workshop, I pulled it out again– and I will admit I was startled to read some of the supposedly “far-fetched” examples we’d used that were intended to illustrate the relationship between public administration and the Constitution. We explained, for example, that the Constitution and other authorities in our legal system don’t permit American officials to use U.S. troops to address domestic criminal activity; that the Constitution doesn’t permit censorship as a solution for disfavored political opinions; that the Equal Protection Clause wouldn’t permit the reduction of welfare rolls by refusing to feed Black or Hispanic children, and that substantive due process guarantees prevent government from forcing women either to abort or give birth.
Fourteen years later, some of those examples are no longer so far-fetched.
As we acknowledged in that textbook, the American Idea is not monolithic, and it is constantly contested and evolving, but—as we also insisted– it has real content. It rests on considered normative judgments about the proper conduct of public affairs, and it prescribes an ethic that should dictate the behavior of those engaged in public administration and management—even when it is uncomfortable or even dangerous to do so.
So here’s the bottom line: When push comes to shove—when keeping your heads down is no longer an option— the Constitutional ethic must guide you.
These days, that may not be comforting.
Well said Professor. As our elected officials continue to slide into irrelevance it is good to remind them that they have sworn an oath to support and defend the Constitution against all enemies, foreign and domestic. One day, and I hope that day comes sooner than later, there will be a reckoning, and those who are in power today, and those who stood by and did nothing, will pay a price.
This is assuming that justice is still a force in the world.
Sheila-I hope you devote a post to the sights and sounds of that event. Good for the Hancock County Community Foundation for inviting you! I recently delivered a presentation on our work at The Indiana Citizen to a community foundation’s annual gathering, about 200 local leaders. The Q&A was great! The next day, the executive director received a tongue-lashing from one–only one, as she noted–board member. So please tell us more about the audience and the feedback.
“So here’s the bottom line: When push comes to shove—when keeping your heads down is no longer an option— the Constitutional ethic must guide you.”
WE THE PEOPLE are trying to live by the “Constitutional ethic” while being controlled by a dictatorship which is moving closer to “off with their heads” by our own military as ordered by the current pseudo Monarchy’s head court jester. We can no longer compare the current leadership to those in our past but must look back a few centuries to the past UK Royals’ total control of citizens and dispensing with those who do not agree.
“Public officials certainly don’t need to be constitutional scholars, but it is necessary that they understand the general principles and values on which this nation built its governing structures, because—as I said before and as I want to emphasize– ethical public service requires performance consistent with those foundational principles and values.”
Constitutional ethics? That eliminates 6 of the Supreme Court toadies. They have only one “ethic”: Obey the dictator.
As we witness the lawlessness and destruction of the Constitution, I struggle to find an effective way to resist. Writing my senators and representatives gets nothing, just a polite f**k you letter. What if we had a taxpayers revolt and we refused to pay our taxes en masse? The modern equivalent of the Tea Party. I know I’m not getting the representation I need and congress continues to get a paycheck.
Bill–There were only about 30 or so people– the session was for elected and appointed public officials– and the reception—to the extent I could tell—was uniformly positive. Several of the people there—a board member of the Foundation, a couple of staff members and at least two other attendees told me they regularly read my blog, so if there were Trumpers present, I was happily unaware of it. (One woman—a county official– came up afterward to tell me she was a life-long Republican but very unhappy with what the party had become.)
I wonder what year the “constitutional ethic” vanished in our federal government. It happened long ago and maybe never even existed. The social contract between our government and “we the people” only meant part of the people: white male oligarchs. All else was excluded.
I’d ask Vernon if he thinks Trump is the dictator who controls SCOTUS. I would disagree with that assessment. I’d look more closely at Charles Koch and Leonard Leo—both billionaire oligarchs. The Federalist Society has groomed lawyers and judges to shrink government and favor oligarchy. I mean, should we have lawyers and judges who have two versions of the Constitution? Last I checked, it was printed in black.
As for ethics, this country is a joke. I don’t see much from Europe either, and their mishandling of their power is why there are global protests. The lame media tries to ignore it, but social media reveals all, for better or worse. I enjoy watching the social media influencers on the right waking up to how things work. There are those paid by Israel and those who think Israel is the problem. For instance, after Charlie’s death, Bibi Netanyahu assembled his paid right-wing influencers to discuss how to promote Israel and denounce anyone who is anti-Israel. And they videotaped the roundtable discussion!
After the now 90,000 sq ft ballroom addition and the destruction of the historical East Wing, does anybody think the 2026 election will be fair, if it happens at all. Also, does anybody think Trump will leave after 2028? It’s an autocratic coup, just like in many countries in Europe, Japan, and Latin America. This is why Rubio has been instructed to replace Maduro.
p.s. Trump recently claimed that only Lincoln and Washington were better presidents than him, but he’s fastly gaining on them. He was serious. He’s beyond delusional because he surrounds himself with people who pad his EGO.
Thank you for another excellent post! I read two columns everyday day, you and HCR. The news is often so slanted but both of you present the facts and the truth!
Is a coincidence that you are both strong women!
I expect each of you knows more than a few people who are anti fascist but have not participated in a public protest. Seven million is just the tip.of the iceberg. Let’s work to get and/or keep all of them engaged in doing whatever they can to support the resistance No one can do everything but every one can do something.
Sheila…very well written, and presented, I’m sure.
Vernon, the 6 judges seem to have another person they believe they need to cater to: their God-thing, and they may see Dear Dictator as an avatar thereof.
The organizers of the No Kings rally are having a remote meeting on Monday,. They want to see what’s next. IMHO, next has to be an economic issue. The Kimmel situation was dealt with by people pulling subscriptions from Disney and Hulu,.
Seven million people protesting against the President got us a crude AI video of King Don flying a plane over protesters and dropping a load dung on the people below. We have to be smarter. We need to target his biggest supporters with boycotts. Start with one, then to prove we’re making a difference add one business every week, until we have addressed all of those who have bent their knees to the “wanna be king.”
On another note, I highly recommend the November issue of the “Atlantic.”. The Issue is titled ” The Unfinished Revolution.” It’s the best I’ve read in years.
It occurred to me once that you don’t know culture until you know two or more. After having experienced multiple cultures, I was led to study culture further, so I took some cultural anthropology courses. Our species tries everything we can think of, but some things persist because they benefit more than they harm, and one such universal thing is culture. We don’t choose it; instead, it’s the other way around: it chooses us, typically from the place and time of our upbringing.
It often persists longer than its usefulness until it is perceived by most of the people affected, as the old die off and are replaced by new ones.
Our constitutional culture is under attack from forces within. A single culture will emerge from the tussle, but that will take time to develop.
Strangely enough, after our founders led the country through a shift from an aristocratic to a constitutional culture, 250 years later, the republic is in danger of returning to an aristocratic one, only slightly different. One that is authoritarian and oligarchical, overturning our constitutional culture, governance of, by, and for we the people.
Time will tell the outcome, but the constitutional culture is not leaving willingly. That resistance is fueled by the two cultures, each supported by separate entertainment media, one telling stories that support the constitutional reality, and the other telling stories that support the alternative.
We live in diabolical times.
Todd,
Indeed I think the court obeys the dictator in the White House. Why else would they pass the psychotic permission slip to this president? Look at the fawning expression on Roberts’ face at the last State of the Union. Read Trump’s lips: “I won’t forget what you’re doing.”
That said, the Federalist Society has been planning for this scenario for decades. Trump is just the compliant symbol of making treason legal, of making prejudice a quaint notion and allowing the pardoning of thousands of other traitors in Thug America.
As Stan said to Ollie: “Here’s another fine mess you’ve gotten us into.”
Because of Trump’s ignorance, which is on display daily, he is easily manipulated by all the oligarchs (Big Gas & Oil, Big Finance) and foreign nations who make him richer. Silicon Valley owns him, and so does Charles Koch’s dark network. Don’t forget about Israel and Zionist donors in the US. I’ve heard Ellison is now going to buy CNN–so much for the free market.
The good news is that the far-right media ecosystem is starting to splinter due to Israel and the Epstein Coverup. And Trump is starting to have U.S. farmers question their support for Trump.
Cracks are appearing everywhere…
Difficult to stay positive. This new ICE recruitment is scary,
TRUMP building his own army?
Sheila, would you offer some reflection, comments, facts about Trumps destruction of part of the White House for a ballroom. Thanks.
JoAnn @ 1:11
Post is already written and scheduled for Wednesday.
How we serve is a cornerstone to our public selves. Speaking out is our current “vibe”. Participation is the critical element. Writing, demonstrating, speaking at city hall, and then actually running and getting elected can be the ultimate act of our democracy. Supporting by our ballot is the way we elect people to serve. We have been tricked into believing who we thought was not going to be this bad has become a monster in chief.
Keep talking and leading and never stop shouting at the wind. I hear you. We all do.