Download - 19 American Exceptionalism
-
7/30/2019 19 American Exceptionalism
1/22
American
Exceptionalism
ER 11, Gov E-1040
Spring 2012
-
7/30/2019 19 American Exceptionalism
2/22
Aspects
Unwillingness to embraceinternational norms
Exemptionalism: US promotesinternational cooperation, thenexempts itself
Double Standards
-
7/30/2019 19 American Exceptionalism
3/22
The Bricker Amendment:
A Constitutional Crisis
-
7/30/2019 19 American Exceptionalism
4/22
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
-
7/30/2019 19 American Exceptionalism
5/22
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
-
7/30/2019 19 American Exceptionalism
6/22
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
-
7/30/2019 19 American Exceptionalism
7/22
And also:
Withdrawal from Rome Statute
of ICCsigned by Clinton, un-
signed by Bush(exemptionalism)
Kyoto Protocol (doublestandards)
-
7/30/2019 19 American Exceptionalism
8/22
Exceptionalism today
No longer driven by racial concerns
Key issues: capital punishment, guncontrol, unfettered property rights,largely unqualified freedom ofspeech
-
7/30/2019 19 American Exceptionalism
9/22
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
-
7/30/2019 19 American Exceptionalism
10/22
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
-
7/30/2019 19 American Exceptionalism
11/22
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
-
7/30/2019 19 American Exceptionalism
12/22
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
-
7/30/2019 19 American Exceptionalism
13/22
Compliance without
Ratification
Remember
earlier discussion
-
7/30/2019 19 American Exceptionalism
14/22
Case Study: The First
Amendment
-
7/30/2019 19 American Exceptionalism
15/22
Not unqualified
does not literally license any
use of speech vis--vis
government interference
But striking that formulation is
offered in such absolute terms
-
7/30/2019 19 American Exceptionalism
16/22
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.
-
7/30/2019 19 American Exceptionalism
17/22
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.
-
7/30/2019 19 American Exceptionalism
18/22
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
-
7/30/2019 19 American Exceptionalism
19/22
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
-
7/30/2019 19 American Exceptionalism
20/22
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
-
7/30/2019 19 American Exceptionalism
21/22
Case Study: Missing Social
and Economic Protections
in the Constitution
-
7/30/2019 19 American Exceptionalism
22/22
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.