THE RIGHT OF FREE ASSOCIATION

The First Amendment of our Constitution lists about six rights.  

Article [I.] (See Note 13)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

One right that gets relatively short shrift is the right of the people peaceably to assemble.  What does this right involve?  Why did the Founders consider this right so important that they included it in the first amendment?  I think Alexis De Tocqueville one person who had a good answer to that question.  In his classic work, Democracy in America, Tocqueville wrote about the different types of associations Americans formed. 

What follows is a portion of the contents of Chapter V, Section 2 Volume 2 (of 2).  In this excerpt, Tocqueville explained the importance of Public Associations In Civil Life.

I do not propose to speak of those political associations—by the aid of which men endeavor to defend themselves against the despotic influence of a majority—or against the aggressions of regal power. That subject I have already treated. If each citizen did not learn, in proportion as he individually becomes more feeble, and consequently more incapable of preserving his freedom single-handed, to combine with his fellow-citizens for the purpose of defending it, it is clear that tyranny would unavoidably increase together with equality.

Those associations only which are formed in civil life, without reference to political objects, are here adverted to. The political associations which exist in the United States are only a single feature in the midst of the immense assemblage of associations in that country. Americans of all ages, all conditions, and all dispositions, constantly form associations. They have not only commercial and manufacturing companies, in which all take part, but associations of a thousand other kinds—religious, moral, serious, futile, extensive, or restricted, enormous or diminutive. The Americans make associations to give entertainments, to found establishments for education, to build inns, to construct churches, to diffuse books, to send missionaries to the antipodes; and in this manner they found hospitals, prisons, and schools. If it be proposed to advance some truth, or to foster some feeling by the encouragement of a great example, they form a society. Wherever, at the head of some new undertaking, you see the government in France, or a man of rank in England, in the United States you will be sure to find an association. I met with several kinds of associations in America, of which I confess I had no previous notion; and I have often admired the extreme skill with which the inhabitants of the United States succeed in proposing a common object to the exertions of a great many men, and in getting them voluntarily to pursue it. I have since travelled over England, whence the Americans have taken some of their laws and many of their customs; and it seemed to me that the principle of association was by no means so constantly or so adroitly used in that country. The English often perform great things singly; whereas the Americans form associations for the smallest undertakings. It is evident that the former people consider association as a powerful means of action, but the latter seem to regard it as the only means they have of acting.

Thus the most democratic country on the face of the earth is that in which men have in our time carried to the highest perfection the art of pursuing in common the object of their common desires, and have applied this new science to the greatest number of purposes. Is this the result of accident? or is there in reality any necessary connection between the principle of association and that of equality? Aristocratic communities always contain, amongst a multitude of persons who by themselves are powerless, a small number of powerful and wealthy citizens, each of whom can achieve great undertakings single-handed. In aristocratic societies men do not need to combine in order to act, because they are strongly held together. Every wealthy and powerful citizen constitutes the head of a permanent and compulsory association, composed of all those who are dependent upon him, or whom he makes subservient to the execution of his designs. Amongst democratic nations, on the contrary, all the citizens are independent and feeble; they can do hardly anything by themselves, and none of them can oblige his fellow-men to lend him their assistance. They all, therefore, fall into a state of incapacity, if they do not learn voluntarily to help each other. If men living in democratic countries had no right and no inclination to associate for political purposes, their independence would be in great jeopardy; but they might long preserve their wealth and their cultivation: whereas if they never acquired the habit of forming associations in ordinary life, civilization itself would be endangered. A people amongst which individuals should lose the power of achieving great things single-handed, without acquiring the means of producing them by united exertions, would soon relapse into barbarism.

Unhappily, the same social condition which renders associations so necessary to democratic nations, renders their formation more difficult amongst those nations than amongst all others. When several members of an aristocracy agree to combine, they easily succeed in doing so; as each of them brings great strength to the partnership, the number of its members may be very limited; and when the members of an association are limited in number, they may easily become mutually acquainted, understand each other, and establish fixed regulations. The same opportunities do not occur amongst democratic nations, where the associated members must always be very numerous for their association to have any power.

I am aware that many of my countrymen are not in the least embarrassed by this difficulty. They contend that the more enfeebled and incompetent the citizens become, the more able and active the government ought to be rendered, in order that society at large may execute what individuals can no longer accomplish. They believe this answers the whole difficulty, but I think they are mistaken. A government might perform the part of some of the largest American companies; and several States, members of the Union, have already attempted it; but what political power could ever carry on the vast multitude of lesser undertakings which the American citizens perform every day, with the assistance of the principle of association? It is easy to foresee that the time is drawing near when man will be less and less able to produce, of himself alone, the commonest necessaries of life. The task of the governing power will therefore perpetually increase, and its very efforts will extend it every day. The more it stands in the place of associations, the more will individuals, losing the notion of combining together, require its assistance: these are causes and effects which unceasingly engender each other. Will the administration of the country ultimately assume the management of all the manufacturers, which no single citizen is able to carry on? And if a time at length arrives, when, in consequence of the extreme subdivision of landed property, the soil is split into an infinite number of parcels, so that it can only be cultivated by companies of husbandmen, will it be necessary that the head of the government should leave the helm of state to follow the plough? The morals and the intelligence of a democratic people would be as much endangered as its business and manufactures, if the government ever wholly usurped the place of private companies.

In 1830’s America, citizens knew how to organize and form voluntary associations.  They look at their own resources, and understanding how limited those resources were, willingly joined forces with their neighbors.   In willing cooperation, they leverage each other’s labor and materials.    Since that time, unfortunately, we have allowed the power of government to grow.  We have stupidly listened to the glorious promises of politicians, and every year our leaders have promised us more than they did the last.  Every year they have delivered less.  Yet even though we can see before us their failures, we have let politicians greedily seize  more power and control.  They tax us to support programs and causes we do not support, and we docilely submit.  Is it because we were not taught what else to do?  Who is responsible for that?  Who runs our schools?  Why don’t we exhibit the same good understanding of civics that so impressed Tocqueville?

Under the messianic leadership of President Barack Obama, the problem of excessive government has never been more apparent.  This gives each of us a choice; we can freeze in terror or act. We must learn what the Founders well understood.   We must join in free associations with our neighbors. 

We can no long luxuriate lazily before the boob tube; we cannot count upon a Great Leader to speak and wisely command us.  We must each take the initiative.  We must each do our part to leave a better land for our children.  We must demand that politicians not be such busybodies.  We must substitute their ineptitude with our own hard work.  We must each find our cause.  We must participate in a political party, volunteer for a charity, work for our churches, tutor children….or we must learn to submit to the poverty and strangulation of serfdom.

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