The Law of Democracy [No. 86]
Articles Blog

The Law of Democracy [No. 86]

October 13, 2019

So one of the oddities of the US Constitution
is how little it has about the mechanics of ah the democratic process itself. There are some rules. Ah we know, for example,
that the states uh are going to decide for themselves how to do districts, how to conduct
elections, what the voter qualifications are going to be, subject to uh Congress’ uh ability
to pass supervening legislation regarding the governance of of federal elections. Uh
but that’s not a lot, that doesn’t tell us how districts are going to be formed. We do know a very important thing, which is
how often elections are going to be, and that itself is a a huge advance, right? The uh
fact that we hold regular elections rather than allowing governments just to stay in
power forever is a huge uh advance for democracy. Uh but a lot went unspecified. I think if
we were to write a constitution today we would be almost certain to include provisions about
things like candidate selection, are we going to have a primary system or not. Probably we would be interested in constitutionally
specifying ah single member districts and first past the post elections, and our presidential
elections would probably would not be governed by the electoral college. I don’t know that
for sure, but I doubt that would pass uh today if we were to be starting from scratch. So, a lot of the law what we call the Law
of Democracy when we teach this in law schools, is the product of long standing practice and
of judicial innovation rather than actual interpretation of the Constitution.

Only registered users can comment.

  1. Democracy is related to Hegelian Dialectic which deals in abstract. Unless things are done with objective truth, there is not enough material and matter to ground society in Natural Law and reality. Communism has infiltrated the education system and the only way out is the 7 liberal arts and sciences

  2. A democracy cannot exist as a permanent form of government. It can only exist until plunder becomes a way of life for a group of men in society. After that, the majority always votes for the candidate promising the most benefits. Over the course of time the society creates for themselves a legal system that authorizes the plunder and a moral code that glorifies it, with the result being the collapse of the democracy. loose fiscal policy ensues, always to be followed by a dictatorship, then a monarchy. -Frédéric Alexander Fraser Bastiat Tyler

  3. Alrighty scouts, so you claim the democracy is the best form of government and yet we in American don't even have a true democracy. We are a government run by the rich not the people. As seen in our 2016 election, while the majority of Americans proceeded to vote for Hilary, trump still won, even while be possessed the lower vote. How this happened you might ask? Well that rather simple now isn't it, you see your vote really doesn't matter in the slightest. Its your electors are what matter and their vote trumps yours. No matter how you slice it, in American your power is thin. Note how most American seek impeaching trump and yet it left to the corrupted congress to inevitably make the decision, one their bound to never make. So I ask you, what power do you have? Can you right now go and become and senator, governor, president, etc? or are you limited to your checkbook and forced to simple vote and never get into a place of government. If your narrowminded, you wont see my meaning, and if you open minded you may just find what the truth is, no matter how pretty of nice it may seem. A true democracy is one that the whole population gets to make decisions, which btw is impossible because to get as many people as we have in the united states to agree to every single problem, would take votes every single day and we all know that even that will have its faults. I mean we vote every 4 years for presidential candidates and federal laws, and we still have problems? So I ask you people, What is democracy and is Democracy what it claims to be?

Leave a Reply

Your email address will not be published. Required fields are marked *