Balancing between planned and spontaenous

There are two ways of thinking about success in life, which I will explain using a historical example.

One could say that Apollo 11 was the pinnacle of America’s space program. It did something nobody had done before and was previously thought impossible. It also succeeded. It did exactly what the plan said it should do.

Yet there is a second camp, which includes me, which thinks Apollo 13 was the apex of the space program. I say this because it was an example of ingenuity and improvisation, mixed with good prior consideration of potential problems. It is one thing to take a bunch of very specialized components and do exactly what they were made to do. With Apollo, success was certainly the most likely option, especially over any particular failure. What the odyssey of 13 showed was these same components can be repurposed to do something completely different.

In life, all actions and results fall in a continuum between planned and improvised. We often have very specific life plans laid out, with both small and large decisions made well ahead of time. Of course, life plans of any time span and complexity rarely work out, because we cannot predict the actions of others, nor of the universe in general.

There exist people at the far end of the continuum for planning. They fear change and uncertainty, and want to gain control. Others may choose pure improvisation, never committing to any particular course of action until the moment arrives. You probably occupy the middle ground.

Both planning and improvisation are useful, but also incomplete. The disparity is more likely to create conflict in social relationships than synthesis. It is important to acknowledge reality. No matter what we do, our lives will still be over 95% improv, as even minor details like conversation are unpredictable. But the 5%ish that is planned helps anchor us and makes the improv meaningful. In Apollo 13, the detailed plan had to be thrown out, but simulations and worst-case-scenario analysis helped keep the situation from spiraling out of control. This backbone saved the astronauts, but the rigid thinking built by a purpose-built system also nearly killed them.

The Taoist concept of wu wei may seem to fit mostly with spontaneity, but it can encompass both ends of the spectrum. The “non-doing” aspect is also balanced with actions that are natural and not forced. Not all good plans fit the natural flow of things (The iconic quote by George Bernard Shaw:”The reasonable man adapts himself to the conditions that surround him… The unreasonable man adapts surrounding conditions to himself… All progress depends on the unreasonable man.”), but the natural flow should be duly considered. We seek to avoid conflict, but struggle is necessary, and often just. We are forever dynamic within this continuum, seeking both control and realizing it is often an illusion at the time.

The pre-democratic American Constitution

american-constitution

 

Discussions about the American political system often seem too…exact. The foundation of law and source of political norms in the United States is portrayed as entrenched, and the Constitution set up as laying out the politics of today in detail.

For instance, the statement “America is a two-party system”. Most facts about the modern American political system are codification through improvisation. It’s because the United States has a pre-modern, pre-democratic Constitution.

Sitting at the core of American law is an archaic foundation, that we spend a lot of time pretending isn’t a dead albatross that we have to drag around. One school of legal thought is that because the Constitution is so short and vague, it can evolve with the times. Whether this is because it is a living document, or that the wisdom of the Framers is seen as a matter of political opinion. Yet the Constitution has not aged well. Modern America is held together with legal gaffer tape.

So, what is the Constitution not equipped to handle? Competitive elections (so, democracy as we know it today). Political parties. Interest groups. Money in politics. A society in which people other than white landowners had value. The welfare state. Modern monetary policy. Economic integration. Cultural shifts on civil rights based on sexual orientation, gender identity, and sexual choice. The Industrial Revolution. Multilateral treaties and international cooperation.

The vagueness has often not been a benefit at all. There is nothing in the text that says women are allowed to vote, but it took a constitutional amendment to specifically make that a right. The Constitution is not adaptable if its general principles must be updated by legally binding alteration.

In practice, the Constitution is dragged into each new era by common law. But this means that the decisions of a small, homogeneous judicial clique decides what are new rights. And there’s nothing to have reversals that go in the opposite direction of progress. Judges essentially create a substantial portion of the law from whole cloth- given the vague nature of their source material, rather than giving a yes/no decision, they have to create new standards.

Now a constitution need not be updated every year, but basically no other constitution in the world predates the basic norms of how democracies govern.

This is hardly an original view. There has been one substantial effort to reconcile the 18th century worldview with principles recognizable in 2016. Franklin D. Roosevelt’s Second Bill of Rights was proposed as a way to deal with one of the most fundamental shifts in American society- that is, economic rights that aren’t directly related to property. The proposal was nothing left than a complete revolution in the role of government. Most of the ideas in the Second Bill of Rights have never been implemented and may never will.

Besides economic rights, no procedures are supplied for how American democracy should work. The Framers willfully refused to regulate party politics, so when partisanship erupted, the rules were improvised. But the well is even drier here, because instead of vague principles, there’s just…nothing. America is a two-party state in practice, but it’s a zero party state in fundamental law.

It is frustrating that many all but worship the Constitution, while ignoring the problems caused by its continued existence. It feels like we’re playing blackjack, but using rules from a book about bridge.