But we cannot avoid these tensions entirely. At times our values collide because in the hands of men each one is subject to distortion and excess. Self-reliance and independence can transform into selfishness and license, ambition into greed and a frantic desire to succeed at any cost. More than once in our history we’ve seen patriotism slide into jingoism, xenophobia, the stifling of dissent; we’ve seen faith calcify into self-righteousness, closedmindedness, and cruelty toward others. Even the impulse toward charity can drift into a stifling paternalism, an unwillingness to acknowledge the ability of others to do for themselves.
When this happens—when liberty is cited in the defense of a company’s decision to dump toxins in our rivers, or when our collective interest in building an upscale new mall is used to justify the destruction of somebody’s home—we depend on the strength of countervailing values to temper our judgment and hold such excesses in check.
Sometimes finding the right balance is relatively easy. We all agree, for instance, that society has a right to constrain individual freedom when it threatens to do harm to others. The First Amendment doesn’t give you the right to yell “fire” in a crowded theater; your right to practice your religion does not encompass human sacrifice. Likewise, we all agree that there must be limits to the state’s power to control our behavior, even if it’s for our own good. Not many Americans would feel comfortable with the government monitoring what we eat, no matter how many deaths and how much of our medical spending may be due to rising rates of obesity.
More often, though, finding the right balance between our competing values is difficult. Tensions arise not because we have steered a wrong course, but simply because we live in a complex and contradictory world. I firmly believe, for example, that since 9/11, we have played fast and loose with constitutional principles in the fight against terrorism. But I acknowledge that even the wisest president and most prudent Congress would struggle to balance the critical demands of our collective security against the equally compelling need to uphold civil liberties. I believe our economic policies pay too little attention to the displacement of manufacturing workers and the destruction of manufacturing towns. But I cannot wish away the sometimes competing demands of economic security and competitiveness.
Unfortunately, too often in our national debates we don’t even get to the point where we weigh these difficult choices. Instead, we either exaggerate the degree to which policies we don’t like impinge on our most sacred values, or play dumb when our own preferred policies conflict with important countervailing values. Conservatives, for instance, tend to bristle when it comes to government interference in the marketplace or their right to bear arms. Yet many of these same conservatives show little to no concern when it comes to government wiretapping without a warrant or government attempts to control people’s sexual practices. Conversely, it’s easy to get most liberals riled up about government encroachments on freedom of the press or a woman’s reproductive freedoms. But if you have a conversation with these same liberals about the potential costs of regulation to a small-business owner, you will often draw a blank stare.
In a country as diverse as ours, there will always be passionate arguments about how we draw the line when it comes to government action. That is how our democracy works. But our democracy might work a bit better if we recognized that all of us possess values that are worthy of respect: if liberals at least acknowledged that the recreational hunter feels the same way about his gun as they feel about their library books, and if conservatives recognized that most women feel as protective of their right to reproductive freedom as evangelicals do of their right to worship.
The results of such an exercise can sometimes be surprising. The year that Democrats regained the majority in the Illinois state senate, I sponsored a bill to require the videotaping of interrogations and confessions in capital cases. While the evidence tells me that the death penalty does little to deter crime, I believe there are some crimes—mass murder, the rape and murder of a child—so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment. On the other hand, the way capital cases were tried in Illinois at the time was so rife with error, questionable police tactics, racial bias, and shoddy lawyering that thirteen death row inmates had been exonerated and a Republican governor had decided to institute a moratorium on all executions.
Despite what appeared to be a death penalty system ripe for reform, few people gave my bill much chance of passing. The state prosecutors and police organizations were adamantly opposed, believing that videotaping would be expensive and cumbersome, and would hamstring their ability to close cases. Some who favored abolishing the death penalty feared that any efforts at reform would detract from their larger cause. My fellow legislators were skittish about appearing in any way to be soft on crime. And the newly elected Democratic governor had announced his opposition to videotaping of interrogations during the course of his campaign.
It would have been typical of today’s politics for each side to draw a line in the sand: for death penalty opponents to harp on racism and police misconduct and for law enforcement to suggest that my bill coddled criminals. Instead, over the course of several weeks, we convened sometimes daily meetings between prosecutors, public defenders, police organizations, and death penalty opponents, keeping our negotiations as much as possible out of the press.
Instead of focusing on the serious disagreements around the table, I talked about the common value that I believed everyone shared, regardless of how each of us might feel about the death penalty: that is, the basic principle that no innocent person should end up on death row, and that no person guilty of a capital offense should go free. When police representatives presented concrete problems with the bill’s design that would have impeded their investigations, we modified the bill. When police representatives of fered to videotape only confessions, we held firm, pointing out that the whole purpose of the bill was to give the public confidence that confessions were obtained free of coercion. At the end of the process, the bill had the support of all the parties involved. It passed unanimously in the Illinois Senate and was signed into law.
Of course, this approach to policy making doesn’t always work. Sometimes, politicians and interest groups welcome conflict in pursuit of a broader ideological goal. Most antiabortion activists, for example, have openly discouraged legislative allies from even pursuing those compromise measures that would have significantly reduced the incidence of the procedure popularly known as partial-birth abortion, because the image the procedure evokes in the mind of the public has helped them win converts to their position.
And sometimes our ideological predispositions are just so fixed that we have trouble seeing the obvious. Once, while still in the Illinois Senate, I listened to a Republican colleague work himself into a lather over a proposed plan to provide school breakfasts to preschoolers. Such a plan, he insisted, would crush their spirit of self-reliance. I had to point out that not too many five-year-olds I knew were self-reliant, but children who spent their formative years too hungry to learn could very well end up being charges of the state.
Despite my best efforts, the bill still went down in defeat; Illinois preschoolers were temporarily saved from the debilitating effects of cereal and milk (a version of the bill would later pass). But my fellow legislator’s speech helps underscore one of the differences between ideology and values: Values are faithfully applied to the facts before us, while ideology overrides whatever facts call theory into question.
MUCH OF THE confusion surrounding the values debate arises out of a misperception on the part of both politicians and the public that politics and government are equivalent. To say that a value is important is not to say that it should be subject to regulation or that it merits a new agency. Conversely, just because a value should not or cannot be legislated doesn’t mean it isn’t a proper topic for public discussion.
I value good manners, for example. Every time I meet a kid who speaks clearly and