Flag Burning, the Bill of Rights, and Leaving America Behind: Fourth of July Special

Yes, the American Revolution was special. It’s not yet uncool to recognize
facts. You are entitled to your mistaken and unsupported opinions, however; this is a free country. (Not thanks to you!)

First, there were no massacres. It may have been different if Britain had won, I don’t know. The Loyalists were treated harshly in many places. Many lost their property. Many became the English-speaking root of that milder version of ourselves, Canada. Americans were so generous-minded however that they even allowed Hessian (from Germany) mercenaries from the defeated British army to settle among them. Try to imagine any of the formerly occupied countries in Europe in 1945 allowing Russian SS from the German armed forces to stay behind and prosper! (Yes, there were Russian SS, thousands of them.)

Second, the US Constitution was and probably remains the most clear, exemplary embodiment of the healthy political idea of separating powers, a major step in uprooting the habit of despotism. ( I may be wrong but I think the desirability of the separation of powers my have been enunciated earliest by the French philosopher Montesquieu. The French themselves mostly made a mess of the idea.)

Third, it took an embarrassingly long time but American constitution-builders eventually produced a wise list of specifically enunciated rights. A bill of rights is a necessity to protect political, intellectual and religious minorities and, especially, individuals from the potential, and the very real threat of tyranny of the majority.

The next to try a bill of rights, the French, did it only a few months later, also in 1789. With the privilege of having Ben Franklin right there in Paris to lend a hand, with Lafayette – who understood the idea well – involved, they also screwed up that one. Most of them don’t know it to this day, I think, but the insertion of one sentence in their Bill has the potential to nullify the whole: “Art. 6. La Loi est l’expression de la volonté générale.” * “The Law, is the expression of the general will.” This general will, the will, the will of all, has the power to eradicate any of the individual rights carefully enunciated elsewhere in the same document. Correspondingly, today in France, there are concrete limitations on freedom of speech, for example although freedom of speech is specifically guaranteed by the French Bill. These limitations were imposed in a carefully legal manner via acts of parliament, and signed by the president yet, they are still a form of despotism and a slippery slope. The little sentence above makes a constitutional challenge on these restrictions on speech difficult, if not impossible.

Incidentally, and going back to the US, there have been recent episodes of US flag burning by activists protesting – somehow- the Charleston church massacre. Go ahead, burn away, it’s your right so long as you don’t accidentally set afire a neighbor’s or public property! I feel forced to link this kind of petulant, childish behavior to a poll I saw recently that describes 50% of millennials as wishing to emigrate, to leave this country.** So, after voting massively for Mr Obama seven years ago, they want to escape the massive failures of his administration instead of staying put and contributing to reverse them. One the failures imputed to Mr Obama is wage stagnation. It has frozen many thirties-something in place, economically speaking. I am not sure it’s fair to blame Mr Obama but it’s done to every administration.

I know quite a bit about emigration/immigration as you might guess. So, I will presume to give potential emigrants advice: You may move to Australia, my friends. Australia will be glad to have you. The country is an admirably successful redneck project. You will enjoy the Australians’ great pubs. Of course, there is a good chance that the first night out to one of the pubs, you will open your mouths too wide. Then you may well end up beaten to a pulp in some dark alley. I don’t wish you such a fate; I disapprove of such rowdy behavior. If it comes to my attention, in the news or in the newspaper, I will not laugh openly. There will just be a little smirk on my face.  Have a good trip.
* 1789 Déclaration universelle des droits de l’homme et du citoyen

** Ordinarily, I am the first one to point out that fewer than two convergent polls from respected sources is nothing. So, take this with two grains of salt.

About Jacques Delacroix

I write short stories, current events comments, and sociopolitical essays, mostly in English, some in French. There are other people with the same first name and same last name on the Internet. I am the one who put up on Amazon in 2014: "I Used to Be French: an Immature Autobiography" and also: "Les pumas de grande-banlieue." To my knowledge, I am the only Jacques Delacroix with American and English scholarly publications. In a previous life, I was a teacher and a scholar in Organizational Theory and in the Sociology of Economic Development. (Go ahead, Google me!) I live in the People’s Green Socialist Republic of Santa Cruz, California.
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