Democracy or Republic? PDF

The Pursuit of Happiness Democracy or Republic? B Y W A LT E R E. W I L L I A M S society to protect its citizens against force and fraud, but H ow often do we hear the claim that our nation is a democracy...

The Pursuit of Happiness Democracy or Republic? B Y W A LT E R E. W I L L I A M S society to protect its citizens against force and fraud, but H ow often do we hear the claim that our nation is a democracy? Was a democratic form of does not intervene in the cases of peaceable, voluntary government the vision of the Founders? As it exchange. turns out, the word democracy appears nowhere in the Contrast the framers’ vision of a republic with that of two most fundamental founding documents of our a democracy. According to Webster’s dictionary, a nation—the Declaration of Independence and the Con- democracy is defined as “government by the people; stitution. Instead of a democracy, the Constitution’s especially: rule of the majority.” In a democracy the Article IV, Section 4, declares “The United States shall majority rules either directly or through its elected rep- guarantee to every State in this Union a Republican resentatives. As in a monarchy, the law is whatever the Form of Government.” Our pledge of allegiance to the government determines it to be. Laws do not represent flag says not to “the democracy for which it stands,” but reason. They represent power. The restraint is upon the to “the republic for which it stands.” Is individual instead of government. the song that emerged during the War Unlike the rights envisioned under a of 1861 “The Battle Hymn of the Ask yourself how republican form of government, rights Democracy” or “The Battle Hymn of in a democracy are seen as privileges the Republic”? many of your day-to- and permissions that are granted by So what is the difference between day choices would government and can be rescinded by republican and democratic forms of government. government? John Adams captured you like to have There is considerable evidence that the essence of the difference when he settled through the demonstrates the disdain held by our said,“You have rights antecedent to all founders for a democracy. James earthly governments; rights that can- democratic process Madison, in Federalist No. 10, said that not be repealed or restrained by in a pure democracy, “there is nothing human laws; rights derived from the of majority rule. to check the inducement to sacrifice Great Legislator of the Universe.” the weaker party or the obnoxious Nothing in our Constitution suggests that government individual.” At the 1787 Constitutional Convention, is a grantor of rights. Instead, government is envisioned Edmund Randolph said, “that in tracing these evils to as a protector of rights. their origin every man had found it in the turbulence In recognition that it is government that poses the and follies of democracy.” John Adams said, “Remem- gravest threat to our liberties, the framers used negative ber, democracy never lasts long. It soon wastes, exhausts, phrases in reference to Congress throughout the first and murders itself.There was never a democracy yet that ten amendments to the Constitution, such as shall not did not commit suicide.” Later on, Chief Justice John abridge, infringe, deny, disparage, and shall not be violat- Marshall observed, “Between a balanced republic and a ed, nor be denied. In a republican form of government, democracy, the difference is like that between order and there is rule of law. All citizens, including government chaos.” In a word or two, the Founders knew that a officials, are accountable to the same laws. Government power is limited and decentralized through a system of Walter Williams is the John M. Olin Distinguished Professor of Economics checks and balances. Government intervenes in civil at George Mason University. 47 JUNE 2007  Walter E. Williams democracy would lead to the same kind of tyranny the be done [by Congress] which there is no power to do? colonies suffered under King George III. Why, for instance, should it be said that the liberty of The framers gave us a Constitution that is replete the press shall not be restrained, when no power is given with anti-majority-rule, undemocratic mechanisms. [to Congress] by which restrictions may be imposed?” One that has come in for frequent criticism and calls for James Madison agreed: “This is one of the most plausi- elimination is the Electoral College. In their wisdom, ble arguments I have ever heard urged against the the framers gave us the Electoral College so that in pres- admission of a bill of rights into this system... [because] idential elections large, heavily populated states could by enumerating particular exceptions to the grant of not use their majority to run roughshod over small, power, it would disparage those rights which were not sparsely populated states. Amending the Constitution placed in that enumeration, and it might follow by requires a two-thirds vote of both houses of Congress, implication, that those rights which were not singled or two-thirds of state legislatures, to propose an amend- out, were intended to be assigned into the hands of the ment and three-fourths of state legislatures to ratify it. general government, and were consequently insecure.” Part of the reason for having a bicameral Congress is Madison thought this danger could be guarded that it places another obstacle to majority rule. Fifty-one against by the Ninth Amendment, which declares “The senators can block the wishes of 435 enumeration in the Constitution, of representatives and 49 senators. The certain rights, shall not be construed Constitution gives the president a veto It appears that most to deny or disparage others retained to thwart the power of all 535 mem- Americans, as well as by the people.” Of course, the Ninth bers of Congress. It takes two-thirds of Amendment has little or no meaning both houses of Congress to override their political leaders, in today’s courts. the president’s veto. believe that Congress There is even a simpler way to Transformed into a Democracy expose the tyranny of majority rule. should do anything it Ask yourself how many of your day- to-day choices would you like to have can muster a majority D o today’s Americans have con- tempt for the republican values laid out by our Founders, or is it sim- settled through the democratic process vote to do. ply a matter of our being unschooled of majority rule. Would you want the about the differences between a kind of car you own to be decided through a democrat- republic and a democracy? It appears that most Ameri- ic process, or would you prefer purchasing any car you cans, as well as their political leaders, believe that Con- please? Would like your choice of where to live, what gress should do anything it can muster a majority vote clothes to purchase, what foods you eat, or what enter- to do. Thus we have been transformed into a democra- tainment you enjoy to be decided through a democrat- cy. The most dangerous and insidious effect of majority ic process? I am sure that at the mere suggestion that rule is that it confers an aura of legitimacy, decency, and these choices should be subject to a democratic vote, respectability on acts that would otherwise be deemed most of us would deem it a tyrannical attack on our tyrannical. Liberty and democracy are not synonymous liberties. and could actually be opposites. Most Americans see our liberties as protected by the If we have become a democracy, I guarantee you that Constitution’s Bill of Rights, but that vision was not the Founders would be deeply disappointed by our fully shared by its framers. In Federalist No. 84, Alexan- betrayal of their vision. They intended, and laid out the der Hamilton argued, “[B]ills of rights... are not only ground rules for, a limited republican form of govern- unnecessary in the proposed Constitution, but would ment that saw the protections of personal liberties as its even be dangerous. For why declare that things shall not primary function. THE FREEMAN: Ideas on Liberty 48