19 American Exceptionalism

7/30/2019 19 American Exceptionalism

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American

Exceptionalism

ER 11, Gov E-1040

Spring 2012


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Aspects

Unwillingness to embraceinternational norms

Exemptionalism: US promotesinternational cooperation, thenexempts itself

Double Standards


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The Bricker Amendment:

A Constitutional Crisis


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Bricker Amendment

complex struggle during Eisenhower yearsto curtail Presidential power in foreignpolicy

Defeated by only one vote

Accompanied by Supreme Court ruling thatconflict between constitution and treaties

had to be decided in favor of theconstitution


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Ratification Record

subsequent administration had to operate carefullywhen it came to international agreements

Genocide Convention in 1988

ICCPR was ratified only in 1992

Convention against Torture in 1994

Convention on the Elimination on all Forms ofRacial Discrimination in 1994


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Still not Ratified

Covenant on Social, Economic, andCultural rights

Agreements on rights of the child, rights ofmigrant workers, discrimination againstwomen, and the American Convention ofHuman Rights


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And also:

Withdrawal from Rome Statute

of ICCsigned by Clinton, un-

signed by Bush(exemptionalism)

Kyoto Protocol (doublestandards)


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Exceptionalism today

No longer driven by racial concerns

Key issues: capital punishment, guncontrol, unfettered property rights,largely unqualified freedom ofspeech


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Exceptionalism today

distrust of government, coupled witheven bigger distrust of international

entities

Maintained esp. by neo-conservativethink-tanks such as Heritage

Foundation and American EnterpriseInstitute


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Why such standoffishness?

US is geopolitically powerfuldoes not need to bother

stably democratic

strong and well-organized conservative minority

decentralized and fragmented institutions that createveto-positions for well-organized interests

No other countries has quite this constellation of

features -- very stable in the US


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Should not be Over-

Interpreted US has distinctive rights culture consistent

with HR culture

home to largest, most active community ofNGOs, foundations devoted to promotingHRs globally

Exceptional global leadership and activism


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Does ratification record

matter?

says nothing bad about US compliance

Maybe because it undermines legitimacy of

international norms?

Not clearHR scene is flourishing even inUS

often US non-ratification offers a sense ofsolidarity among other parties


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Compliance without

Ratification

Remember

earlier discussion


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Case Study: The First

Amendment


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Not unqualified

does not literally license any

use of speech vis--vis

government interference

But striking that formulation is

offered in such absolute terms


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Compare:

UNHR, Article 19: Everyone has the right to freedom of

opinion and expression; this rightincludes freedom to hold opinions

without interference and to seek,

receive and impart information and

ideas through any media andregardless of frontiers.


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Compare:

ARTICLE 10, European Convention on Human rights Everyone has the right to freedom of expression. this right shall

include freedom to hold opinions and to receive and impartinformation and ideas without interference by public authorityand regardless of frontiers. This article shall not prevent Statesfrom requiring the licensing of broadcasting, television orcinema enterprises.

The exercise of these freedoms, since it carries with it dutiesand responsibilities, may be subject to such formalities,conditions, restrictions or penalties as are prescribed by law andare necessary in a democratic society, in the interests ofnational security, territorial integrity or public safety, for the

prevention of disorder or crime, for the protection of health ormorals, for the protection of the reputation or the rights ofothers, for preventing the disclosure of information received inconfidence, or for maintaining the authority and impartiality ofthe judiciary.


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First Amendment

Free-Speech Clause has onlyplayed major role in American

politics since the beginning ofthe 20th century

since then taken on amagnitude other countries findutterly puzzling


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Largely Protected:

Hate speech (unless it threatens tolead to imminent violence)

Defamation (unless it can be shownthat a falsity has been propagatedintentionally)

Reporting on ongoing trials

Advertising for alcohol and tobacco


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How to explain this?

Culture of distrust of government has been strongthroughout, and once embodied in the constitutionhas been passed on

Strongly individualist culture

Comparatively restricted, bottom-up governmentwithout, for instance, state TV

Tradition of judicial reviewfreedom of speech amatter for courts rather than for legislativedecision making


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Case Study: Missing Social

and Economic Protections

in the Constitution


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Roosevelt, 1944

Second Bill of Rights The right to a useful and remunerative job in the

industries or shops or farms or mines of the nation;

The right to earn enough to provide adequate food andclothing and recreation;

The right of every farmer to raise and sell his products ata return which will give him and his family a decentliving;

The right of every businessman, large and small, to tradein an atmosphere of freedom from unfair competition anddomination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunityto achieve and enjoy good health;

The right to adequate protection from the economic fearsof old age, sickness, accident, and unemployment;

The right to a good education.

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