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U.S. Constitution
See other U.S. Constitution Articles

Title: Walter E. Williams --- What's Gone Wrong With Democracy
Source: [None]
URL Source: [None]
Published: Mar 23, 2015
Author: Walter E. Williams
Post Date: 2015-03-23 14:35:49 by tpaine
Keywords: None
Views: 16897
Comments: 96

Walter E. Williams

What's Gone Wrong With Democracy?

The Economist magazine recently published "What's gone wrong with Democracy ... and what can be done to revive it?" The suggestion is that democracy is some kind of ideal for organizing human conduct. That's a popular misconception.

The ideal way to organize human conduct is to create a system that maximizes personal liberty for all. Liberty and democracy are not synonymous and most often are opposites. In Federalist Paper No. 10, James Madison explained, "Measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority." Democracy and majority rule confer an aura of legitimacy and respectability on acts that would otherwise be deemed tyrannical.

Let's look at majority rule, as a decision-making tool, and ask ourselves how many of our life choices we would like settled by majority rule. Would you want the kind of car you own to be decided through a democratic process, or would you prefer purchasing any car you please? Ask that same question about decisions such as where you shall live, what clothes you purchase, what food you eat, what entertainment you enjoy and what wines you drink. I'm sure that if anyone suggested that these choices be subject to a democratic process, we would deem it tyranny.

Our Founders saw democracy as a variant of tyranny. At the 1787 Constitutional Convention, Edmund Randolph said, "...that in tracing these evils to their origin every man had found it in the turbulence and follies of democracy." John Adams said, "Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide." Alexander Hamilton said, "We are now forming a Republican form of government. Real Liberty is not found in the extremes of democracy, but in moderate governments. If we incline too much to democracy, we shall soon shoot into a monarchy, or some other form of dictatorship."

By the way, the word democracy appears in none of our founding documents.

The Founders of our nation recognized that we need government, but because the essence of government is force, and force is evil, government should be as small as possible. The Founders intended for us to have a limited republican form of government where human rights precede government and there is rule of law. Citizens, as well as government officials, are accountable to the same laws. Government intervenes in civil society only to protect its citizens against force and fraud, but does not intervene in the cases of peaceable, voluntary exchange. By contrast, in a democracy, the majority rules either directly or through its elected representatives. The law is whatever the government deems it to be. Rights may be granted or taken away.

Alert to the dangers of majority rule, the Constitution's framers inserted several anti-majority rules. In order to amend the Constitution, it requires a two-thirds vote of both houses, or two-thirds of state legislatures to propose an amendment, and it requires three-fourths of state legislatures for ratification. Election of the president is not done by a majority popular vote, but by the Electoral College.

Part of the reason for having two houses of Congress is that it places an obstacle to majority rule. Fifty-one senators can block the wishes of 435 representatives and 49 senators. The Constitution gives the president a veto to thwart the power of 535 members of Congress. It takes two-thirds of both houses of Congress to override the president's veto.

If you don't have time to examine our founding documents, just ask yourself: Does our pledge of allegiance to the flag read to the democracy, or to the republic, for which it stands? Or, did Julia Ward Howe make a mistake in titling her Civil War song "The Battle Hymn of the Republic"? Should it have been "The Battle Hymn of the Democracy"?

Walter E. Williams is a professor of economics at George Mason University. To find out more about Walter E. Williams and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

COPYRIGHT 2015 CREATORS.COM

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Begin Trace Mode for Comment # 55.

#10. To: tpaine (#0) (Edited)

Ok. So, Walter Williams has written an article against democracy. He spends a lot of time telling us how much the Founders detested democracy. That's swell.

They created a restricted-franchise republic that preserved special rights for a certain class (which completely erased the rights of a quarter of the population). Their system lasted for 72 years, then exploded in an orgy of blood.

The Founders' model was not a success, because they did not create a free country.

The model that came out of the "reset" of the 1860s was a more centralized oligarchy. And it doesn't work either.

So, the Founder's hated democracy and monarchy. They liked republics, so they founded one. It failed within a decade and was replaced by another one, which failed in three generations. We're in the fourth or fifth generation since the Civil War, and our current republic is falling apart as well.

What can we take from this all? Democracy doesn't work. Monarchy doesn't work. Republics don't work. Nothing works for very long.

Vicomte13  posted on  2015-03-23   15:20:55 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Vicomte13 (#10)

"They created a restricted-franchise republic that preserved special rights for a certain class (which completely erased the rights of a quarter of the population)."

"Population" refers to people. Slaves weren't people. They were property. Just sayin' how it was.

Full rights were extended to those with the most to lose -- wealthy, adult, white males with property. Who in their right mind would allow women, the poor, and the uneducated to vote?

The Founders were wrong? Look around your "enlightened" society where everyone votes and tell me it's working.

misterwhite  posted on  2015-03-23   18:30:05 ET  Reply   Untrace   Trace   Private Reply  


#33. To: misterwhite, Vicomte13 (#17)

"Population" refers to people. Slaves weren't people.

Art. 1, Sec. 2, Cl. 3:

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.

The slaves were considered persons. The interest held in a slave was legaly considered a property interest, but that did not transform slaves into non-persons. They were each counted as one complete person in the census. By unanimous agreement of the States, for representation purposes in the Congress, only 60% of the aggregate of such persons was counted.

nolu chan  posted on  2015-03-23   20:55:26 ET  Reply   Untrace   Trace   Private Reply  


#49. To: nolu chan (#33)

"The slaves were considered persons."

Only for the apportionment of representatives and direct taxes.

And, technically, they were "other persons". They had no more rights than a table or chair.

misterwhite  posted on  2015-03-24   10:54:07 ET  Reply   Untrace   Trace   Private Reply  


#55. To: misterwhite (#49)

Only for the apportionment of representatives and direct taxes.

And, technically, they were "other persons". They had no more rights than a table or chair.

According the the U.S. Constitution, the slaves were counted as people. In the census, each was counted as 100% of a person. Representation was provided to the slave states based on 60% of the slave persons counted in the census.

Technically, they were persons. Free persons were persons. Women were persons. Poor persons were persons. Indentured servants were persons. Indians not taxed were persons. All other persons were persons. That latter persons were slaves but the Framers artfully dodged using the word slave.

Art. 1, Sec. 2. Cl. 3:

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.

Art. 1, Sec. 9, Cl. 1: [protected from high taxation on slave persons]

The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

Art. 1, Sec. 9, Cl. 4: [each slave person counted as one person]

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

Art. 4, Sec. 2, Cl. 3: [Fugitive slave clause re enslaved persons]

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

The misterwhite defense: "But your Honor, the clause does not apply to me. It only applies to persons and I am not a person."

Art. 5:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

nolu chan  posted on  2015-03-24   13:10:31 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 55.

#63. To: nolu chan (#55)

"Technically, they were persons. Free persons were persons. Women were persons. Poor persons were persons. Indentured servants were persons. Indians not taxed were persons. All other persons were persons."

So when the U.S. Constitution stated, "No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen", they were including slaves?

misterwhite  posted on  2015-03-24 13:58:59 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 55.

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