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Friday, December 9, 2011

Screenwriting as Dramatic Sense-Making or Ideological Subterfuge?

Howard (p. 165) claims that the screenwriters of Witness (1985) were “wise enough not to attempt to coerce an answer out of the material, to make this an indictment or a thesis instead of an exploration. If they had the definite answer to force and violence in society, they shouldn’t [have made] a film but should [have gone] directly to the United Nations with it. What they have created is an exploration of a complex and troubling issue. Modern urban society isn’t depicted as all bad and the Amish aren’t all good; there are forms of force in both societies, just as there are admirable things about them both. While, in the end, one use of force triumphs over another, that can hardly be a universally applicable solution. Rather, what the filmmakers have done is to make the audience confront its own feelings about violence and the use of force, to see that it is complicated and there are no pat answers, but, most important, to explore how each of us feels about the various faces of force we come to know in the story.”


In the end, “one use of force triumphs over another,” but Howard claims that this choice does not represent an answer or thesis because the triumph of the force of community pressure (e.g., the Amish witnesses) over the force of violence “can hardly be a universally applicable solution.” I find this argument to be weak and even fallacious. As Howard admits, the film’s resolution is that the force of community “triumphs” over the force of violence. This is an answer to the question that asks which of the two types of force is more forceful. While certainly not everyone’s answer and not on the more general topic of “force and violence” in society, the “triumph” does represent the screenwriters’ answer to the question: which force is stronger: community norms or violence? At the very least, a point of view is expressed in the answer. It is implied, furthermore, that community norms should be valued over the violence of a hero (and certainly of a villain). Another implication is that a community should not be intimidated by threats of violence; silent witnesses have sufficient power to stop a villain from shooting even though he or she has the “monopoly of force”—or so we have been led to believe.

Should the film Witness have ended without an answer that can be taken as an ideological poiont-of-view? Had the screenwriters followed Howard’s advice, the audience would be left in the dark concerning whether the pressure of Amish witnesses resulted in the corrupt cop shooting Samuel or handing over the gun. The audience would be forced to remain agnostic concerning which of the two forces represented dramatically is inherently more powerful. Any ensuing exploration, as in discussing the theme at a coffee shop afterward, would suffer from a certain indeterminacy left by the film. More to the point, the audience could deservedly feel ripped off in not getting a full payoff through a resolution.

Rather than not expressing a view concerning which of the two types of force is (and ought to be) more powerful, the screenwriters were effective in proffering an “answer” or thesis because they had represented the contending theories fairly. “Modern urban society isn’t depicted as all bad and the Amish aren’t all good,” Howard writes. “There are forms of force in both societies, just as there are admirable things about them both.” Rather than being shoved down the audience’s throats, the answer or thesis provided as the resolution can thus be incorporated as one thesis amid the contending points represented throughout the film. The writers’ motive is not felt to be so much to preach as to explore the phenomenon and proffer one answer as if “and here’s what we think.”

“Preaching,” in contrast, occurs when a film is itself a one-sided view. The motive is to push one interpretation as the definitive answer. This is what Howard is reacting against, and with good reason. Nobody likes to be preached at. Ironically, “preaching” actually diminishes or detracts from a writer’s influence. In the field of business and society in business schools, for example, some of the writers are ideologues pushing an anti-corporate agenda. Their writing is not respected as academic scholarship outside of their own cadre.

Once I attended a conference at Harvard Business School on Amitai Etzioni’s socio-economic “theory.” The gurus at the “Mecca” of business academia told Etzioni that he was merely trashing the neo-classical economic paradigm without in its place proffering another theory. In spite of (and perhaps indicative of) the lack of academic content in what was in actuality an ideological thrashing of corporate capitalism, someone in attendance (presumably a professor from some university) stood up at his desk at one point and declared, “We should form a labor party!” as he pounded the desk with a clenched fist. I was stunned, but not really very surprised. So it goes when credibility has been compromised by “scholars” who are at their core advocates rather than explainers.

Screenwriters are also explainers in a way, as they explore a phenomenon of human experience by means of storytelling. According to Bill Johnson, storytelling is a process—one that “involves understanding the dramatic issue or idea at the heart of a story, and arranging a story’s elements to bring that issue to resolution in a way that offers the story’s audience a dramatic experience of fulfillment.” Johnson goes on to specify the relevant “unmet desires and needs we carry within our hearts” as being satisfied by “a sense of meaning and purpose” that can come through story. In other words, like a leader through vision, a storyteller can satisfy the basic human instinct for meaning by means of sense-making.

While an answer can surface during (or as a result of) an exploration of a dramatic idea, the point of the venture cannot be to prove a specific thesis. Besides the inherent multivaliancy of meaning being compromised by an overweening ideological agenda, the answer in a resolution should come out of the dramatic conflict, which is a working out of the dramatic idea, and therefore not predetermined a priori. In other words, a dramatic idea cannot be exhausted by a particular ideological agenda, so emphasizing the latter must result in the former being to a certain extent eclipsed. Furthermore, because characters take on lives of their own as they interact in the dramatic conflict, they cannot be pre-programmed or scripted. Hence, the resolution of that conflict cannot be known up front, though it can be foisted, artificially.

Therefore, the screenwriter’s motive going in should not be to prove or advocate an initial thesis. Rather, curiosity or interest in a question involving the human condition lies behind the exploration, which in turn gives each new ground its due even as the story works its way to a completion (yet on a continuing road). This is actually not far from what motivates a scholar and how one conducts a study (this is perhaps why professors tell so many stories as part of their lectures).

In both cases, the passion is (or should be) directed on a phenomenon rather than on the writer or scholar him- or herself. This is my “answer” or thesis in this particular instance; it was not my point in writing—nor could I have even known of the “answer” arrived at here when I started my ratiocinations above, for the ensuing reasoning led to it. Nor do I view my thesis as set in stone or definitive, for I am still curious about the topic, so it won’t be long until my thoughts again take flight, leaving my little thesis behind as though it had always been destined to live on the island of misfit toys.

Similarly, a screenwriter’s attachment (and loyalty) is to the curious phenomenon at hand and to story itself as an explanatory, exploratory device, rather than to a thesis or “agenda.” Sporting an answer along the way need not eclipse the exploration; indeed, a good effort grounded in passion for the phenomenon is apt to spawn a thesis or two, which in turn can be viewed as an oasis. The really mature screenwriter will even view them as mirages! Indeed, is not a story, including its characters and their little spats, a mirage of sorts? The key is perhaps to hold this perspective and yet to be able to take one’s stories seriously enough—without preaching.

David Howard and Edward Mabley, The Tools of Screenwriting: A Writer’s Guide to the Craft and Elements of a Screenplay. (New York: St. Martin’s Press, 1993).

Bill Johnson, Essays on the Craft of Dramatic Writing. http://home.teleport.com/~bjscript/index.htm  See also Charles Deemer, Screenwright: The Craft of Screenwriting (Xlibris, 1998), pp. 117-19.

Tuesday, December 6, 2011

Modern Society Reflected in Screenwriting: Actions Speak Louder Than Words

In what could be taken as a rendering of modern society, David Howard (p. 82) characterizes the “heart of dramatic writing” as thinking of “the actions of the characters and how they should be seen by the audience.” Howard is referring specifically to storytelling by screenwriters. Whereas the novel genre is particularly well-suited to exploring the interior lives of characters (e.g., their thoughts and feelings) via the expository word and the stage privileges dialogue due to the limits on action (and place), film is a visual medium, and thus uniquely able, or free, to capture actions and vistas. Hence, Charles Deemer (p. 64) advises aspiring screenwriters: “Always look for ways to tell your story visually without words.” It is as though he were stuck in the “silent” era, before the “talkies.” That films having soundtracks were referred to as talkies, at least initially, suggests that dialogue was (and is) no small matter in the film genre of storytelling. In fact, some stars who were quite notable during the “silent” era found the transition to “talkies” rather daunting, if not impossible, given the importance of voice, which pertains specifically to dialogue.

Accordingly, Howard’s (p. 82) dictum that the “action stays with us more effectively than if any of these characters had simply spoken dialogue expressing their hatred, passion, or change” can be subjected to a dose of healthy critique. Behind the action-hypertrophy evinced by Howard may be the fact that the mobility of the camera gives it a rather unique benefit in storytelling, at least relative to the confines of a stage. Furthermore, the modern proclivity toward action (and function) could simply mean that Howard is reflecting modern (Western) society. The hegemony of empirical science and the value put on vocation are what I have in mind here. If I am correct, then we, being moderns, would naturally tend to overlook the overemphasis on action in film because of what we ourselves value. This essay is thus to say to the fish: Hey, look at the water!

According to Howard (p. 83), the “weakest scenes [in film] are ones in which dialogue is expected to carry all of the dramatic weight by itself.” Even worse is including dialogue that has no other purpose than to inform the audience of “facts of which they must be made aware” (i.e., exposition). Even so, Howard (p. 87) acknowledges that a “good line, a well-turned phrase delivered in just the right way by an actor, can have a very powerful impact on the audience.” In fact, dialogue is where a screenwriter “can express his inner poetry to greatest advantage.” Howard (p. 87) then retreats back onto safer ground by declaring: “Talk is a small part of what we do as human beings, and it should be a small part of how we expect to tell our stories to the audience.” Subjecting “talk” to do rather than mean, however, is already to relegate the spoken (or written) word. Indeed, “what we do as human beings” expresses a functionalist value that is clearly salient in modern society. At a party, someone being introduced says, “I am a lawyer” rather than “I do lawyering.” A crasher at the same party says, “I am a writer,” rather than “I write for a living—well, ok, I fantasize at least about money coming with writing.” Philosophically speaking (L.A. collectively yawns here), we moderns are wont to reduce ontology to functionalism. The slippage “works” monetarily, unless one happens to be a philosopher, occupier, or rascal like Euthyphro, who thought he know more than he did before he sat down with Socrates (hint).

Particularly where the dramatic conflict is internal—within the protagonist—the spoken word may have an advantage over action. “Externalizing the internal is a perennial problem for the screen story-teller—how do we know what somebody really feels or thinks? Usually this is solved by putting characters into action so that what they do tells us what they feel and think, regardless of what they might say” (Howard, p. 273). To be sure, what people say can belie what is going on beneath the surface. However, between the distinct realm of external action and the internal life of a character, there is Cartesian (i.e., mind-body) distance. Dialogue can be interpreted as a bridge of sorts, being external yet more revealing of—closer to—what is going on inside.

For centuries, novels and the theatre, as well as traditional oral storytelling, have highlighted the written and spoken word as a key to revealing characters (and thus story) and unlocking the human imagination. In philosophy of mind, it is argued that we cannot even be aware of something as something (i.e., as an entity) without having a word for it. In the words of Sellars on Wittgenstein (another collective yawn out in L.A.), there is no pre-classificatory awareness. This claim seems to me to be pretty radical—that we can’t even be aware of a car unless we have a word for it (i.e., “car” or “automobile”). My point here is merely that language may be very important to the human mind, and more specifically in how we humans experience ourselves and the external world. This may explain why for millennia humans have emphasized words in storytelling; the craft has not been (though it perhaps could have been) doing actions with perhaps just an occasional word or two (e.g., pantomime). The importance of inter-titles to the storytelling in silent films (i.e., the strain to read them in time) and the rush to invent and then produce “talkies” point to the salience of words in storytelling. The actions here speak louder than Howard’s (and your?) words. Ah, you say, “Got you there! Actions speak louder than words!” Check-mate? Should I admit defeat? “Holy scrabble, Batman!” (Robin’s character is impeccably “shown” in his “Holy” lines from his tone alone, through dialogue).

In film, a character’s spoken word can be more revealing of his or her internal state than can even a riveting action. The relative closeness of tone and expression of voice and face, respectively, plus the mental choice of diction, to one’s emotional state can be betrayed, but this does not bring external action any closer to the internals. In other words, even if people can act, still the voice and face are inherently closer, and this explains the innate edge that dialogue has over action, generally speaking, in “solving” the problem of “externalizing the internal.” Besides, action too can be faked, even as words are genuine; action does not always speak louder than words. In fact, even the effort to fake what one says can be shown in the faking itself, and thus the speaking can be artfully revealing. So it would appear that Batman has managed to escape a sordid, tilted lair once again! “Pow! Wham!” Take that—words overlaid on (insufficient?) action—you ninja-action hegemons who rule the modern world! Upended by a philosopher no less!

Lines written and delivered well by an actor can be very powerful, period, as well as in revealing a character’s inner dynamic or state. In spite of my academic training that is rooted in tomes and treatises (with some film studies and acting courses thrown in for good measure), distinctive lines from movies are more likely to come to my mind when I am “out and about.” Besides the obvious social benefit in this proclivity (quoting from Nietzsche on morality is not the best way to get invited to a party), lines with meaning spoken in a distinctive tone and backed up by good characterization stay with me much more vividly than do lines that I read—even if the latter are substantively richer inherently. It is the gestalt of the various senses—which coincides with the integrative feature of consciousness itself as well as the inherent closeness that is possible between speech and the internal—that film is able to infuse in les spectateurs via characterization. Beyond the potential for stunning visual vistas and huge visceral explosions, this scorched-like infusing is a unique (and prime) advantage of cinema.

Consider, for example, the following line: “A baby should have seen it!” (Gen. Hill in Gettysburg). The line by the wounded Confederate general reveals his character as well as the reason for Lee’s defeat at Gettysburg far better than any action could. Consider too: “Will you die for him?” (The priest in The Seventh Seal). The repetition of this line by the priest infuses the theme of the entire film inside the viewer while evoking the character’s violent internals. How many times has “Frankly, my dear, I don’t give a damn (Rhett Butler in Gone with the Wind) been repeated, while Scarlett’s gaze of the vista of wounded soldiers has faded with time. “Go sell crazy somewhere else” (Melvin in As Good as It Gets), more than throwing the little dog down the laundry shoot, reveals Melvin’s attitude toward people. In another role and film, Nicholson flawlessly delivered a whopper, “You can’t handle the truth,” which went on to eclipse the entire film (I can’t even remember the title—A Few Good Men?).

The value of the spoken word in film is perhaps proved best simply by recalling the classic gem, The Wizard of Oz. Who does not recognize: “I’ll get you my pretty, and your little dog too!” Who can forget: “Pay no attention to the man behind the curtain!” The staying power of this line demonstrates how film dialogue can take on a life of its own in being used as a place-holder in popular discourse. Interestingly, the sound mixer or editor must have erred because the Wizard is saying the line while still walking the curtain back—away from the visible microphone he had been using to project the loud Wizard voice in the large hall! Dorothy and the others (and us!) should not have been able to hear the imperative through the Wizard's PA system. It may be that the oversight was the result of relegating dialogue in favor of action, even if unconsciously. Yet it is the line (rather than the image of the large green head) that survived into another century.

Less popular a line but certainly no less revealing of the Wizard’s character is the Wizard's line that is notable for the distinctive and unmistakable kind tone of Morgan's delivery: To the Tin Man, the Wizard says “Remember my sentimental friend, a heart is not judged by how much you love, but by how much you are loved by others.” The fraud, it turns out, is not such a bad guy after all, and the sentiment itself points to or suggests the same exists in the Tin Man’s character. Interestingly, the Wizard later selects the Scarecrow to replace him, to be assisted by the Tin Man and the Lion. Is reason over love one of the messages of the film?

My main point is that even relative to action, the spoken word in dialogue can convey the internality of characterization and deliver the dramatic punch of heightened conflict. Jack Nicholson’s “You can’t handle the truth!” is much closer to his internal state than even his subsequent action when he tries to go after the defense lawyer only to be physically restrained. While the audience’s anticipation of possible “real” conflict made literal in a fist fight is dramatically of value, I question Howard’s “solving” the problem of “exteriorizing the internal” by the default of “putting characters into action.” I am not dismissing this strategy; rather, I’m merely contending that what a character says can be a better solution because words combined with tone and facial expression can be more revealing of thoughts and feelings. Just because film has a strategic competitive advantage on the action front does not mean that action eclipses speech in being inherently indicative of what is going on inside a person. I sense an always implied in Howard’s dictum that points to an element of dogmatism in his broader thesis.

If I am correct, then neither dialogue nor action should be stepwise privileged in screenwriting. Exteriorizing the internal can privilege dialogue even as action can be allowed to (sometimes) speak louder than words. The distinctive freedom of the camera (and the visuals afforded by the screen) can still be leveraged while backing off a bit from the proclivities of modernity that at their worse produce an “action flick” highlighted by a bus or cruise ship out-of-control. In actuality, action as an end in itself (think of Kant’s categorical imperative) reflects values in a decadent modern society that treats substance and authenticity, including real connections between people, as an “oh, by the way” kind of afterthought even in storytelling. Should film be a projection of cultural decadence as if part of a race to the bottom, or is there a higher calling for filmmakers in understanding the medium itself. Filmmakers can challenge hegemonic societal values by understanding the craft itself from its own standpoint rather than simply as a reflection of modernity. Cinema is a modern invention, but it need not be unduly constrained by the values of modernity in how story and storytelling are understood and accomplished.

Click to add a question or comment on how screenwriting reflects modern society.

David Howard and Edward Mabley, The Tools of Screenwriting: A Writer’s Guide to the Craft and Elements of a Screenplay. (New York: St. Martin’s Press, 1993).
Charles Deemer, Screenwright: The Craft of Screenwriting (Xlibris, 1998).

Monday, December 5, 2011

The Democracy Deficit in Nominating Presidential Candidates

“Newt Gingrich is up, Herman Cain is out, and the attacks are getting sharper as the GOP primary campaign enters the final month.” The final month, that is, before “Iowa launches the contests that will choose the challenger to President Obama.” This has the ring of before time began, or before the beginning. That anything is decided before the beginning may seem ontologically or metaphysically impossible even if it applies politically. One might demur, claiming that anything without a foundation ought not to be able to exist, let alone to stand.

On December 5, 2011, Chuck Todd, the political director of NBC, announced that it was “crunch time” for the campaigns as the Iowa caucuses were only four weeks away. In other words, the beginning of the nomination process would begin in a month. Yet Herman Cain had just announced that he was suspending his campaign. Questions about his relationships with several women had sprouted up as if by magic in January snow, and the media had been applying pressure in a way that would have been pleasing to the person or persons who was behind the questions arising when they did. In other words, it was not clear who exactly was eliminating a candidate from the field—but it was not the caucus and primary voters; they would not have the opportunity to vote for him (even if his name was to be on the ballots, he was out).

For its part, the media could cite its obligation to “vet” the candidates for such an important public office. That the journalists and commentators might have gone beyond providing “useful” information to opine on the impact of such information on the voters’ anticipated decisions was no never mind. That such pre-impacts would themselves have impact not only on how the various candidates were viewed and ranked, but also on which candidates were deemed “viable” meant that the voters’ actual decisions would be narrowed. On December 5th, for example, CBS reported a poll: “Gingrich, Romney only ‘acceptable’ candidates to GOP voters.” Besides the legitimacy of a poll having any actual impact in privileging some candidates over others in terms of a de facto choice, one could point to the problems in a poll’s accuracy, given that people may have no-call lists or cell phones that flag or block screen unidentified numbers.

Beyond the narrowing effect, polls can be reported with a bias that distorts the voters’ perception of the race. Besides the obvious case of Herman Cain, marginalizing candidates such as Rick Santorum and Ron Paul as “unelectable” effectively eliminated them well before the first vote could be cast. On the CBS Evening News on December 4th, for example, a poll of Republican likely voters in Iowa was announced. Gingrich got 25 percent, while Ron Paul had 18% and Romney got 16 percent. In spite of Paul’s position in the middle, the anchor announced that the race had “thus” become a two-person race. Even as he spoke, the pictures and percentages of the three candidates filled the television screen. With such discordance, one has to wonder if there was a power somewhere with a vested interest in excluding Ron Paul. Just as it seemed that someone with power really wanted Cain out, it also seemed like the portrayal of Paul’s marginalization was not an accident.

Whether from powerful people or institutions behind the scenes or media networks desirous of influencing public opinion or simply gaining higher ratings, just the perception of a narrowed field—not to mention the dropping out of a candidate—before the first caucus and primary means that the American electorate were not able to make the initial choices. Being left with just a few “realistic” candidates to choose effectively disenfranchises the voters and short-circuits the democratic legitimacy of the United States.

Part of the problem is that the campaign season, like the Christmas retail season, had been starting earlier and earlier. Amid the intense campaigning by the candidates, decisions were being made even as the voters had yet to engage by voting. Power abhors a vacuum. The problem is that in the want of voting, that which steps into the void is not apt to be democratically legitimate, or even known.

In the case of the U.S. Presidency, the office was not designed to be democratically elected. Rather, state governments, elected by the people, were to select electors who would elect the U.S. President. The repository of democracy in the U.S. Government was to be the U.S. House of Representatives, with the state governments selecting and being represented the U.S. Senators. By 2010, far too much reliance was being put on popular election for the federal, empire-level, government. Ironically, the democratic hypertrophy in the nomination of the president had outstripped its own democratic process, with journalists, pundits and unknown persons or institutions doing the selecting—with the voters confined to a pre-determined few remaining viable alternatives.

Accordingly, I suggest that Americans look at how Van Rompuy, the president of the European Council at the time, was appointed by democratically elected state officials. In the U.S. constitutional convention, one alternative floated was having the sitting governors select the president. It was thought that executives in government would be well-suited to make the decision. Alternatively, the occupant in the White House could rotate every six months, state by state, as in the E.U. Presidency (the states rotate in occupying the overall E.U. presidency). Given the European experience with dictators in the twentieth century, the E.U. has more than one president (and a separate chief executive in the Commission). My point is merely that in designing a union at the empire level, there are alternative means of selecting a president (or presidents). In fact, the delegates at the U.S. constitutional convention even debated having a presidential council rather than the single executive. If the presidential “election” had gone off the democratic tracks by 2010, moving to a seemingly less democratic basis, such as in having elected officials elect the president, could actually be more democratic, and thus more legitimate. Lest that route seem more corrupt, it is likely that journalists and pundits in the beltway (D.C.) and powerful private interests would be least happy about moving from the status quo.

Click to add a question or comment on the Republican presidential campaigns and democracy.

Susan Page, “Gingrich Rises in GOP Field; Cain Out,” USA Today, December 5, 2011. http://www.usatoday.com/NEWS/usaedition/2011-12-05-iowapoll04_ST_U.htm

“Gingrich Leads in Latest Iowa GOP Poll,” CBS, December 3, 2011. http://www.cbsnews.com/8301-250_162-57336237/gingrich-leads-in-latest-iowa-gop-poll/

Brian Montopoli, “Poll: Gingrich, Romney Only ‘Acceptable’ Candidates to GOP Voters,” CBS, December 5, 2011. http://www.cbsnews.com/8301-503544_162-57336963-503544/poll-gingrich-romney-only-acceptable-candidates-to-gop-voters/

Sunday, December 4, 2011

A Dilemma for the E.U.: A Convention or an Amendment?

In November 2011, European leaders began to talk about amendments to the E.U. that would “change the fundamental structure of the union.” Complicating the talks was ambiguity concerning the nature of the E.U. itself at the time. Foremost among the changes being discussed was the idea of a form of centralized oversight of the budgets of the state governments, with “sanctions for the profligate.” The existing E.U., while more than the American Articles of Confederation, was at the time found to be insufficient in keeping the debt crisis from spreading from state to state and engulfing the union itself and its currency. “The survival of the euro zone is in play,” one senior European official said. “So far it’s been too little, too late.” In this respect, the pressure for “ever closer union” was like that facing the Americans in the mid-1780s. Because the nature of the union was itself an issue, a convention composed of delegates—not state officials—directly elected by the people for the purpose might seem best suited. However, I contend that while rethinking the E.U. was not without merit at the time, the specificity of the planned amendment argues against the idea.

Interestingly, the New York Times includes a reference to “constitutional convention” in reporting on how the Europeans might make the changes. Germany’s finance minister, Wolfgang Schäuble, believed at the time that amendments to the E.U.’s basic law could happen rapidly, “without the need for a constitutional convention or referendums.” However, other people were not so sure, “given that any ceding of sovereignty is a major step that may require more than just a quick vote in [state] parliaments.” However, amendments in the U.S. that involved transfers of sovereignty for the states are ratified by the state governments. As the E.U. was extent at the time the amendment on fiscal oversight was being formulated, state government approval would be sufficient.

The resistance to a convention by state officials in the E.U. probably had something to do with the fear that the delegates could get carried away and propose “ever closer union” beyond that which the existing state sovereignty would permit. Also, whereas the American convention occurred after the end of the war, the E.U. debt crisis was pressing at the final months of 2011. There was “great pressure from the markets, the banks, the voters and the Obama administration, which wants an end to the uncertainty about the euro that is dragging down the global economy.” European leaders were thus under pressure to put fiscal coordination of the fast track. Complicating their efforts was their own denial concerning what the E.U. already had achieved.

For example, Sarkozy of France, as the “political inheritor of Gaullism,” disagreed about “the reach and nature of European supervision of national budgets and about the role of European institutions in overseeing the fiscal affairs of sovereign states.” However, the states of the E.U. were not sovereign at the time, as ECJ decisions had established a supremacy clause with respect to E.U. law. Furthermore, qualified majority rule at the E.U. level meant that the states had given up some sovereignty.  So it could be said that the French government was more jealous of their remaining sovereignty that was the German government. Sarkozy may have been in denial considering the European federal government already extant. “Europe must be refounded and rethought,” he said, “(b)ut the reform of Europe is not a march toward supranationality.” While refounding and rethinking imply a constitutional convention, viewing E.U. competencies as “supranational” knocks that implication down flat. A parliament, such as the E.U. Parliament, which is directly elected by citizens and not by state, is not a “supranational” legislative chamber. Nor is the European Court of Justice supranational, given its supremacy clause.

A convention charged with rethinking and refounding the E.U. would have been exactly the right move, given the realization across Europe during the summer of 2011 that the E.U. was fundamentally out of balance in not being sufficient to support monetary union. Managing the extant debt crisis via intergovernmental agreement, the dominant state officials would hopefully be too distracted to mettle much in the convention; the French delegates might give “supranational” a rest while the German delegates might resist the interests of the German banks. Ideally, the convention’s proposal would go into effect for all of the states whose citizens will have passed it by majority vote; demanding unanimity among 27 states would effectively sabotage the convention before its first meeting.

However, a simple amendment rather than a convention fit with the fact that the E.U. was already a federal system rather than a confederal alliance of sovereign states contemplating a federal union. In other words, a further transfer of governmental sovereignty—not whether to institute the E.U.—was being contemplated. In other words, the E.U. was already commensurate with the U.S. after its convention, so sending amendments to the state governments for ratification was not without precedent.

Steven Erlanger, “Leaders Piece Together an Effort to Keep the Euro Intact,” The New York Times, December 4, 2011. http://www.nytimes.com/2011/12/05/world/europe/leaders-struggle-for-deal-to-keep-euro-intact.html?pagewanted=1&_r=1&hp