Worldview Lessons from a Pandemic: Federalism and Subsidiarity

Saturday, July 25, 2020 8:48 am Daniel J. Summers

We are now 4 solid months into America's reaction to COVID-19. Early on, the focus was on a national response to a pandemic that affected New York and Washington State most acutely; ventilators, masks, and all sorts of personal protective equipment were in short supply (or so we were told), and it was the Federal government's job to get the states these vitally important supplies. Many people clamored for a national lockdown order to keep the virus from spreading; never mind that a) the Federal government does not have that power, and b) the same people clamoring for heavy-handed action from Washington, D.C. were the same people who constantly told us that the current occupant is just waiting for his chance to become a dictator.

The national order never came, and the reason why leads us to our first term; if you read the linked article above, you saw David call it “federalism at work.” The word “federalism” can be a bit confusing, as we use Federal government and national government (or U.S. government) synonymously; however, “federalism” is the opposite of a centralized government. Federalism pushes as much responsibility and power as possible to the lowest level possible, the idea being that government “of the people, by the people, and for the people” is best done by people in close proximity to one another. Our Federal government gets that name because it is a federation of the “several states” (to use the term from the Constitution) designed to deal with national-level issues.

How does federalism help us with our pandemic response? Easy - the states are in control of their responses, and can ask for help from the Federal government if they need it. We have seen this as the various states have begun their reopening procedures. Some have been aggressive, and ended up having to pull back; other states have been as aggressive, and have not seen as many issues. Some states are opening more cautiously - and, again, some are fine, but some are seeing cases spike in spite of that. Taken in isolation, this demonstrates that there is no one right answer for the nation at large. As we head into fall, states, cities, and school districts are trying to decide what school will look like; the one thing we can say for certain is that there will not be 50-state uniformity in these plans.

Back in the 1930s, Supreme Court Justice Louis Brandeis voiced a concept that is now paraphrased "The states are laboratories of democracy." The term “laboratory” is interesting, in light of the pandemic; they're now serving as laboratories for more than just democracy! Different states will try different things, with different results. As a nation, our job will be to determine if successes could replicated at a larger scale; not everything that works in one place will work everywhere, and as programs grow, their efficiency often wanes. Federalism gives us a structure where we can have these public policy debates, realizing that we do not have to come up with a national answer. (I realize that I'm writing this in an election year; it can be tough to find candidates who say “Here's what I'm going to stop having the Federal government do ‘for’ you,” but you can find them if you try.)

The other principle I want to highlight is known as subsidiarity. That link will give you lots of history behind the word as a civil, political, and social concept; but, the quick version is the idea that issues are best handled at the lowest level possible, and the level that handles it is also responsible for it. Subsidiarity begins with self, and works outward to family / home, church / school, city / county / state, etc. A piece of trash on your kitchen floor is likely not a county issue; a missing guardrail on a dangerous curve is likely not something for your church to fix; and funding prisons is not likely the sole responsibility of your family. If you're thinking that it sounds a lot like federalism, you'd be right; federalism is subsidiarity in government.

Properly applying subsidiarity allows us to see positive changes in our communities. Politicians are going to politic; we can't control that. However, we can make sure that we are not becoming careless spreaders of disease. We, along with our families, can make food, do chores, or otherwise care for someone who needs it. Our churches and civic organizations are a great level for community-oriented help, and often serve as a way to get people who need help with those who can provide it. As each organization's focus gets wider, they are going to be the most productive if they can stay focused at that level. If they are having to do things that require more detail, they will be bogged down; if they are responsible for things above their level, they will not be able to do their actual mission.

A lot of the political anger overs masks vs. no masks, supplies, support, etc. can be seen as a failure of subsidiarity. Paul Harvey, the outstanding radio announcer, wrote “Government big enough to supply everything you need is big enough to take everything you have” (though this has widely been misattributed to Thomas Jefferson). The Federal government is the not the appropriate level for opening and closing decisions; that is why the Centers for Disease Control and Prevention guidelines are precisely that - guidelines. Wyoming is going to have different needs than Florida; and, within Wyoming, Laramie and Cheyenne may need a different focus than Moorcroft or Hyattville. Pushing these decisions up too high is asking for those decisions to be poor and/or insufficient.

This isn't to say that the Federal government does not have a role to play; through laws and programs, it has stockpiles of emergency supplies, and it has the ability to shift a large amount of money around (relatively) quickly. This can help those who need it; yet, even then, our culture is such that those who don't need the help will raise a stink about those who do need it actually getting it. We also saw that Paycheck Protection Program funds went to many entities that are most certainly not small businesses; this, too, can be seen as a failure of subsidiarity, as these companies represented themselves as (at least) a level below what they actually were.

There really is no grand conclusion here. Just as no government can blink and make a million tests appear, I cannot sit here behind my keyboard and prescribe how all this gets better. What I can do, though, is encourage each of us to embrace and employ the principles of federalism and subsidiarity as our best chance of getting the best results for the largest number of people. Insisting on a centralized response is insisting on a lackluster, inept response - no matter who is in the White House.

p.s. This was planned to be the 3^rd installment of this series from the time I wrote part 1, which I expected to have done within 2 weeks. But, given the emphasis of that post, the timing of this just proves the assertion I made in that first post - we are not in control.

You Are Harming the Cause

Wednesday, July 11, 2012 10:29 pm Daniel J. Summers

Earlier today, I saw a link to a blog post about a man, Michael Salman, who had been thrown in jail and fined for hosting a Bible study in his home. We've seen things like this before, but what made this one unique is that it was in Arizona; yes, this is happening right here in the land of the free and the home of the brave. I shared the link with others, voicing my support for him if the situation was as it was presented. However, a friend followed up with a link to a news story that gives more of the history and what has happened. As it turns out, the original post is highly-slanted advocacy that left out some key details. The more I've thought about it, the angrier I've become, to the point where I now hope that Salman comes to his senses while he's in jail.

Here is the Cliff's Notes version of the first post (feel free to read it if you'd like). This man and his wife were having family and friends over for a Bible study on a weekly basis. Neighbors complained about the extra cars and the traffic, and the fire department broke up one of their studies. The man then gets building permits for a 2,000 square foot building where the number of people could be without causing a fire hazard. Since erecting that building, he has been continually harassed and accused of running a church on his residential property. He maintains that these are simply guests in his home and new out-building, and that they have as much of a right to be there as would a birthday or Super Bowl party. Salman is now facing 30 months in jail and $12,000 in fines.

Sounds pretty bad, huh? Well, my opinion began to turn when I saw a picture of his yard…

OK - the “this is not a church” claim just became very, very hard to swallow. From the above link, plus another from the DailyMail, we learn some other interesting facts. First, Salman is an ordained minister. Second, this out-building, contrary to the restaurant-looking picture from the Freedom Outpost article, is equipped with a pulpit, stage, and chairs. Third, these Bible studies were hosted on the weekend. A time of Bible study on the weekend in a building with a pulpit on a stage… If only there were a word that would be more succinct to describe that sort of thing! There is, and it's the one the city of Phoenix used - church.

This brings me to the angry part. My anger is based in the blemish to the name of Christ that this has caused, and for the people who are going to look like fools for supporting this when the first, incomplete, biased, and dishonest story came out.

Yes, dishonest; candor is a part of honesty, and involved disclosing information that the hearer, upon learning that it was not disclosed, would feel wronged. There is real religious persecution going on all around the world; this does NOT rise to that level. In the realm of ideas, honesty is paramount. This is why so many arguments fall flat on their face when all the facts come out; even those who claim that their are no absolutes tend to still hold honesty as a moral character trait.

Secondly, what happened to “love your neighbor as yourself,” Mr. Salman? A Super Bowl party and a birthday party are both once-a-year events, and even those have been broken up by police and fire officials if they cause a safety concern. You knew that your neighbors did not like the extra traffic, particularly when your study expanded from 15 to nearly 40. I'm sure there is a restaurant in Phoenix that would love to have a weekly banquet room reservation for 30 people; there are two I could attend in the Albuquerque area every week. But, rather than show peace and love, you extended “the middle finger of the Lord” to your neighbors and the city. You are now reaping what you have sown; how can you expect your neighbors or the city to have mercy on you when you were not interested in giving it to them?

Thirdly, Mr. Salman, did we miss Romans 13:1-2?

Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment.

- Romans 13:1-2 (ESV)

The city told you what you needed to do. They did not prohibit you from continuing to have meetings; they told you the codes with which you must comply if you wanted to continue doing so. All churches have to meet building codes; if you have any doubts regarding their importance, compare the earthquake devastation in countries with them to the devastation in countries without them. They ensure public safety where large numbers of people are present on a regular basis; a building does not have to be a public building to meet this criteria. You chose to call your meetings something other than church to get around that (see how that honesty thing keeps cropping up?), you got called on it, and now you have, to quote Paul, “incur[red] judgment.”

Mr. Salman, I hope you use your time away to think about what you have done. Will the world be better off if your 5 children show the world the love of God the way you've modeled it for them in this situation? And please, be HONEST when asking for help. There are good people who will support you, but we don't want to be played for fools. By doing what you have been doing for the past several years, YOU ARE HARMING THE CAUSE OF CHRIST. Christ did not come to give us freedom of religion; He came to free us from sin. He chose to place us in a country where we have very few limits on the free exercise of religion; don't lose sight of that because you happen to have bumped up against what you view as an impediment on that free exercise.

The good thing in all this is, Mr. Salman, that grace is always there. You can receive it, and you can extend it. This cause is not hopeless, especially if you change the focus from “I have a right!” to “where does God want me to hold this study?” Who knows the ministry God may have for you if you get out of a landlocked residential neighborhood and into some place with room for growth?