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by jltsiren 480 days ago
This is based on a too literal interpretation of democracy.

Democracy had a bad reputation in the ancient world, because unconstrained majority decisions often led to terrible outcomes. In the modern world, democracy usually means liberal democracy, which includes things like the rule of law and constitutional protections. As a rough approximation, a constitution exists to prevent the government from doing what the voters want.

A constitution in itself a worthless document, and the checks and balances have no power. The power comes from conventions. Conventions on how the constitution should be interpreted and how the people in power should act within the constitutional framework. If too many people ignore the conventions and interpret the laws and regulations literally to their advantage, democracy will die. It died in the Roman Republic, and it has died in many modern republics. Plenty of authoritarian states maintain nominally democratic institutions. And many of them became like that in a way that was at least nominally legal.

4 comments

Ultimately the checks and balances are also elected. Directly in the case of congress, indirectly in the case of the judiciary. (Mitch McConnell obstructed merrick garland and was rewarded for it.)

Of course unrestrained majority decisions lead to terrible outcomes. This is well understood, and has been demonstrated over and over recently (think Brexit.)

Democracy is objectively a flawed system for this reason. It has never promised to deliver the best, or even good, government. It is what it is.

I agree, this is a literal interpretation of democracy. It is "the will of the people". I'm not sure that anything else could still be even called a democracy.

> This is well understood, and has been demonstrated over and over recently (think Brexit.)

That is a matter of opinion. Most of what is terrible about Brexit is "the media hate it". Economic outcomes have been in line with comparable EU countries so the promised "project fear" disaster (e.g. the Treasury prediction of a collapse of the economy in the wake of a vote for Brexit - not even on implementation) did not happen.

https://assets.publishing.service.gov.uk/media/5a80772140f0b...

One thing Americans don't seem to realize is that the current constitution needs to be rewritten once we get out of this mess. One of the consequences of dictatorships is that they deform the constitution for their purposes. It seems that republicans have done enough to deform the system in an irreparable way.
How would you propose rewriting it that wouldn’t just mean “less democracy” and “more control by credentialed elites?”
Some suggestions:

* Drop the electoral collage * Proportional and/or preferential voting * Term limits/retirement ages * An independent electoral organisation with real teeth to prevent gerrymandering (and verify the election) * Free and easy voter IDs (if ID are ever required) * All election days are public holidays, with requirements to allow workers on the day to vote * Compulsory voting (works in AU) * Minimum number of polling booths per X people * Absentee voting * Changing to a parliamentary system where the president is a figurehead

Agree with many of these. But changing to a parliamentary system would make the GOP even stronger: they won the House popular vote in 8 of the last 13 elections, including comfortably both in 2000 and 2016.

But there is no such thing as an “independent electoral organization.” The Framers never credited the idea of an “independent” body that could be trusted to be somehow “above politics.” That’s why the constitutional government is like a game of rock paper scissors. Everything can be checked by everything else.

I suggest you look at other countries' electoral organisations and their processes, and how they are used to prevent gerrymandering.
Are you sure that any change to address the recent issues would always result in those two outcomes?

Also, Elon Musk is the richest elite in the world so it seems we already are at the bottom of the problem.

But the power Musk holds isn’t the result of him being rich, it’s because he has a populist cult of personality. The candidate who spent twice the money lost the election. Musk has power because he got on stage with Trump in Pennsylvania promising to fire all the federal workers.
Absolutely incorrect. Musk holds power because he spent $290m on the election boosting the winning candidate.
But the money didn’t win the election.
>Musk has power because he got on stage with Trump in Pennsylvania promising to fire all the federal workers.

From Gallup [0]—top issues among all registered voters:

The economy

Democracy in the U.S.

Terrorism and national security

Types of Supreme Court justices candidates would pick

Immigration

Education

Healthcare

Gun policy

Abortion

^^Taxes

Crime

Distribution of income and wealth in the U.S.

^^The federal budget deficit

Foreign affairs

Situation in Middle East between Israelis and Palestinians

Energy policy

Relations with Russia

Race relations

Relations with China

Trade with other nations

Climate change

Transgender rights

^^Items under which "firing all federal workers" could conceivably fit, and that's a massive stretch. Still, even with that generosity granted, they're 10th and 13th on the list.

[0] https://news.gallup.com/poll/651719/economy-important-issue-...

If you look at polling, Trump voters prioritized democracy slightly more highly than Harris voters. The permanent government is a democracy issue.
The thing is, the current situation is "more control by credentialed elites". Way more than at any point since at least WWII. It’s just that the elites are oligarchs who kneeled before Trump. He is the only one giving credentials.
Musk isn’t a credentialed elite—someone who holds power by virtue of attaining credentials to run an organization or institution with regulatory power. Musk holds power by virtue of having a populist cult of personality.

The credentialed elites are the Ivy League graduates who go work for government and do things like have the SBA make loans to minorities that white people aren’t eligible for: https://www.foxbusiness.com/media/court-rules-biden-admin-di.... They’re the ones who see, for example, immigration and affirmative action as moral causes—even though most voters oppose both—and have injected those ideas into all our government programs, corporate HR, etc.

What happened is that a plurality of voters decided that they’d rather have billionaire industrialists in charge than the Ivy League pencil pushers.

Rewrite? You'll never even get 3/4 of the states to ratify a single constitutional amendment ever again.
Not sure how a "rewrite" would even work. Our current constitution does not have any provisions for discarding it and starting over. The amendment process requires too many states to agree for any sweeping changes. (We couldn't even get enough states to pass something as simple and seemingly uncontroversial as the equal rights amendment before it expired.)

And I think this is -- at least for now -- actually a good thing. Because if we could rewrite the constitution, I suspect it would be rewritten by the same kind of people who wrote the Project 2025 playbook.

Do you volunteer for such a massive undertaking?

Sarcasm aside, I'm seeing a lot of wackiness on both sides of the political spectrum lately. The Constitution is fine and provides provisions for changing it via amendments. You guys aren't involved in the political process at all, I caucused and was a delegate so I can tell you the system is fine and working as intended. Don't complain about it if you aren't even involved in the process. That just makes you look silly.

> This is based on a too literal interpretation of democracy.

Attempting to run a democracy in a non-literal way seems like a recipe for disaster.

That seems to imply that citizens get to cast a vote and have their voice heard...unless those in charge decide the citizens don't know what is best for them.

As a country we picked Trump. For better or worse we made that bed and we now have to lie in it.

Folks on the left would do well to remember that the same unelected bureaucracy that declared “resistance” to Trump would destroy an AOC or Sanders presidency too. Ultimately, it’s a good thing if electing the President can effectuate drastic changes in the executive branch, because that’s the only real lever voters have for affecting the largest and these days most powerful branch of government.
In a modern nation, it’s not tenable to flush the federal government down the toilet every four years.
To the contrary, in a modern, diverse country, it’s not tenable for the same people to keep running the government in the same way regardless of who wins elections. That was okay when we had a more homogenous, slower-changing country with widely shared values. That’s untenable today.
Engineering, statistics, science: these things do not change every four years. How to dig a trench or survey a boundary does not change. How to conduct clinical trials, combat disease, deliver mail: these things do not change.

What is not tenable today, or ever, is firing the people with these skills every four years and re-hiring replacements, to the extent that this happens at all, based on ideological tests.

That was a fine notion before it became apparent that skilled professionals are unable to separate their work from their political ideology: https://www.politico.com/news/magazine/2020/06/04/public-hea...

This was a huge problem in the first Trump administration: https://americafirstpolicy.com/issues/20222702-federal-burea.... Do you really think that, for example, DOJ lawyers who defended Biden’s mass immigration policies are going to flip and use 100% of their talents to figure out how to do mass deportations now? If that’s genuinely the case, then there’s a place for the idea of a neutral civil service. But I don’t believe that’s the case, and that’s an unacceptable state of affairs.

There's a good argument to be made that the role of bureaucracy in our government is to intentionally slow down change and even out the peaks and valleys as administrations change.

I'd be worried about the Chesterton's Fence problem when removing bureaucracy simply because we don't like that it gets in our way.

That’s not a role the framers ever envisioned, and it’s a bad thing to have in a democratic system. The government should be responsive—voting should result in visible changes to the government. A lot of the current polarization is due to the fact that people have been voting against globalization since 2008 and somehow we keep getting more of it. It’s dangerous in a democracy for voters to perceive that elections are just a suggestion to the bureaucracy that actually runs the country.

It’s also incorrect to assume that the bureaucracy averages out to the same place as the public. Public support for increasing immigration, for example, peaked at 35%. It’s never been popular. But we have been getting more of it for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...

The "deep state" is just a scapegoat for stuff people don’t like or understand. It’s a way to dodge real issues. There’s no secret conspiracy—just a lot of people doing their jobs in a messy system.
The "deep state" is also used to refer to the relatively small number of unelected people who make some of the most impactful decisions on society with no voter input.

I don't know that I've ever actually heard someone talk about the "deep state" to refer to career bureaucrats just doing their jobs in large government orgs / a messy system.

Do you have any examples of people you think do that?
Oh I'm not directly making the case that a "deep state" exists, I was just surprised by the way the earlier comment was using the term.
This is Orwellian double-speak. You’re defining “democracy” to mean “not democracy.”

Nor does the “constitution” support your view. Article II says: “The executive Power shall be vested in a President of the United States of America.”

What you’re calling “democracy” and the “constitution” is neither. It’s Wilsonianism, an idea invented by a eugenicist who hated the constitution as well as democracy: https://fedsoc.org/commentary/fedsoc-blog/woodrow-wilson-s-c...

I don't see how your reply is related to my comment.

I was not defining democracy. I was describing the common real-world usage of the term, which has a more specific meaning than simple majority rule. It is commonly used as a shorthand for "liberal democracy". Some Americans use "republic" for the same concept, but that's misleading in other ways. Partly because some countries that are commonly understood to be liberal democracies are constitutional monarchies. And partly because some actual republics (such as North Korea or the member states of the former USSR) do not match the concept particularly well.

I was also not talking about any specific constitution, but constitutions in general. They all come with implicit and explicit assumptions that must hold, or the system will not work as intended. If some entities are supposed to function as checks and balances to each other, they are expected to remain independent. If they choose to collude instead, nobody is capable of stopping them if they decide to twist the constitution beyond recognition or outright break it.

I said that a constitution on its own is worthless. That means a constitution cannot enforce itself. There must be some people who are capable and willing to enforce it. But if they are capable of enforcing the constitution, they are also capable of breaking it. Which means there must be other people capable and willing to act as checks and balances. And so on. The system may work as long as those people act within the expectations, complying with both the spirit and the letter of the constitution. But if they reject the expectations and start looking for loopholes to take advantage of, they may find some. If that becomes too common, the constitution becomes worthless, because the people who are supposed to enforce it no longer believe in it.

I think he took issue with your framing that democracy is interpreted. Judges don't interpret "democracy", that would be silly. Judges interpret the law.

I do agree with the general gist of the point you are making however. The Constitution itself holds no special power, it is the State's monopoly on violence that does.

“Liberal democracy” is bullshit. It just means that liberalism always beats democracy.