Reconceptualising federalism

By Azly Rahman

“… Democratic and aristocratic states are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say that virtue itself has need of limits? …

“To prevent this abuse, it is necessary from the very nature of things that power should be a check to power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits … .” – Baron de Montesquieu, The Spirit of Laws, Book XI Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories – Thomas Jefferson, philosopher, statesman, third American president

The current war over the contentious slogan of 1Malaysia, the semiotic battle for the heart and mind of Malaysians over that propagandic tool called 1Malaysia is beginning to rage as yet another development of a general election 13 style of campaigning.

The “Yellow States of Pakatan Rakyat” as I called it, as opposed to “Blue States of Barisan Nasional” (following its association with something called ‘blue ocean strategy’) interests me. At issue, especially circa Perak constitutional crisis and Kelantan oil-royalty claim is the question of the powers of federalism.

How much can Putrajaya subdue these states at the time when the leaders of the Yellow states are seeing the history of the abuse of power of the federal government when it comes to control, domination, divide, and conquer?

The issue of federalism has been around since the early formations of the modern republic. The problem of separation and consolidation of powers have been discussed as early as the writings of Montesquie (see The Spirit of Laws) and early Enlightenment thinkers.

America experimented on it quite well with the philosophy of the formation of the republic, the debate over Bill of Rights, and the writing of The Federalist Papers, Albany Plan, New Jersey Plan, and a relatively stable and reasonable number of amendments to the Constitution particularly the Ninth Amendment, in regard to the issue of centralisation and decentralisation, etc.

Tension of federalism

George Lucas’ Star Wars movie is about this tension of federalism, a very “American sci-fi movie rooted in Americanism”.

Thomas Jefferson did a fine job conceptualising America as a society that is rooted in individualism yet based in prioritising the needs of society – he in fact envisioned a “pastoral, romantic, agricultural America” and not Benjamin Franklin’s “big business, big banks, entrepreneurial America”.

In Malaysia, as long as the current political paradigm prevails, the issue of centralisation and decentralisation will prevail – as long as it is not a republic of virtue, ethics, and progress conceived as how America was.

This might be the single most relevant political-philosophical reality Malaysia is confronted with. America was a colony; it deposed King George and declared itself independent with social contract written well thought of.

As long as the current Malaysian ruling regime do not make a conscious effort to make radical amendments to the question of equality and equal opportunity with regard to the rights of all the races – rights to get access to economic and social services, quality education and advancement via scholarships, etc. – Malaysia will still be grappling with issues rooted in race, ethnicity, and even religion.

Come general election 13 and the possibility of a denying of a two-thirds majority of the current regime, the issue of concentration of power will see some light of resolution. Maybe a stalemate and a period of chaos reigning for some time will be naturally and historically necessary for any nation to “start from Year Zero”. After all, the march of history cannot be stopped when an idea has come to fruition and the system renews itself.

Maybe the emergence of a Thomas Jefferson in Malaysia with the idea of “all Malaysians are created equal endowed by their creator the inalienable rights …” will wake Malaysians up to rise against the current regime to be dismantled and a better system of execution of laws to be done – so that the central is not dictatorial based on the fascist concept of ketuanan Melayu (ultra-Malayness idiotic pride) rooted in some mythical neo-feudalistic construct only a despotic regime is clinging on to.