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this is not just a crisis of Roe this is a crisis of our democracy I mean they are quite literally trying to dismantle democracy our democracy is what is at stake protecting our democracy and the greatest democracy on Earth our democracy our democracy our democracy so the rest of us can continue to live in a democracy almost assuredly you’ve heard claims from Critics on the American left that aspects and outcomes of our political system are undemocratic this tends to happen when for instance a new law or judicial ruling is not supported by popular opinion or when a politician is elected by winning the electoral vote but not the popular vote get rid of the Electoral College the basis of these claims is essentially that a democracy should reflect popular opinion in almost every respect but it’s worth asking is that what a democracy is designed to do a democracy is a political system in which the people have an electoral say in the legislation by that definition the definition giving the people an electoral say is what a democracy is designed to do and that electoral say means that popular opinion is an important factor in the governance of a democracy but if popular opinion was the only factor that mattered that wouldn’t be democracy that would be pure majoritarianism with pure majoritarianism popular opinion dictates that whatever the majority want they get and that might sound fair unless you happen to have heard of History which is replete with instances of majorities bulldozing the rights of minorities on the basis of race religion ideology geography it goes on and on man’s capacity for abusing his fellow man knows almost no bounds but perhaps you’re not familiar with history and you still think pure majoritarianism sounds like a good idea after all what could be bad about a political system governed solely by popular opinion popular is right there in the name but the problem is so is opinion and if you’ve ever met anyone with opinions well you know that opinions can get messy they change sometimes they change rapidly and significantly sometimes they change and then change back and sometimes they are based on misinformation lies or even malicious propaganda if pure majoritarianism somehow avoids becoming a weapon with which to commit gross human rights violations it’s still an engine for chaos generating cycles of debate that never actually settle on anything or worse yet a tool to be manipulated by malicious forces a flimsy raft tossed around the Sea by The Winds of popular opinion and waves of treachery and to be fair it’s hard to imagine that Critics on the left are actually advocating for Pure majoritarianism it’s not difficult to understand its perils and to appreciate that in order to avoid being tossed around by popular opinion a democracy must be fashioned into a more seaworthy vessel but what kind of vessel is it a gondola cutter a battleship that’s where the real disagreements take place the ship known as the United States the USS U.S was fashioned by the founding fathers who started from a historically rare place they weren’t taking over an existing government they were creating one from scratch they could choose any political system and what they chose was certainly a democracy but with all the Rudders and armaments the founding fathers put in place our political system might be more fully described as a constitutional republic with Democratic representation to understand exactly what that means we’ll break down the constituent Parts we’ll start with Republic from the Latin respublica meaning public Affair a republic is basically the type of government we have one that is by and for the people the alternative would be a country that is privately held or the property of its rulers we’ve already discussed the Democratic part by virtue of the fact that we the American people are given an electoral say in our legislation the United States is a democracy but when we say Democratic representation we are specifying that the United States is a representative democracy as opposed to a direct democracy that’s because our electoral say comes from the fact that we vote on who represents Us in both the legislative and executive branches where laws are made and enacted this is one of the many mechanisms the founding fathers put in place to protect us from being tossed around by popular opinion in that upon being elected our Representatives have the autonomy to make their own decisions we get to choose who is making decisions and we have recourse if we don’t like their decisions because our Representatives must regularly run for re-election but at the federal level we the American people are not making decisions up about legislation of course at the state and local levels there are instances in which we engage in direct democracy by voting on various referendums because it’s a gross misappropriation funds for it the founding fathers designed our political system to be more adaptable to popular opinion as we move from the federal to the local level smaller populations can get more specific in crafting laws to meet their needs because if a local government begins to become something that we find disagreeable we have the option to move that’s true of state governments too home prices that’s the Big Driver is causing tens of thousands of Californians to seek out new places to live right here in the Lone Star State it’s a brilliant application of the free market concept allowing state and local governments to compete for businesses and populations but because there is only one federal government anything done at that level will affect every American that is why if local governments are designed for quickness and maneuverability like a speedboat the federal government is designed to be slow and heavy changing its course is difficult taking tremendous time energy and willpower one example of this is the filibuster Critics on the left love to point to the filibuster as an example of our political system being undemocratic pretending like it’s unconscionable that there would be a procedure specifically designed to delay and prevent the legislative process we’ve got to end the filibuster and let majority rule but truly it’s only pretending as evidenced by The Untold number of times the lack have used and defended the filibuster this opportunity to talk a bill to death gives those with a minority Viewpoint a voice in the Senate may be the most straightforward hedge against pure majoritarianism but there is also a hedge against the minority cajoling the majority because with 60 votes a filibuster can be broken in other words if there is overwhelming support a super majority the USS U.S can be turned but thanks to procedures like the filibuster our political system doesn’t flip-flop legislation every four years undoing and redoing the same things in a Perpetual cycle of pettiness it’s important to understand though that just because state and local governments have more flexibility there are limits on what they can do and that’s where the Constitutional part of constitutional republic with Democratic representation comes in the idea of republics and even democracy overseas predates our political system but the Constitution of the United States marks an innovation of thought it’s the founding father’s most important contribution to societal Evolution laying out the ideals that exist at the foundation of this nation fundamental rights that precede the formation of any government and that cannot be taken away Federal legislators as well as state and local governments aren’t working on a blank page the Constitution hands them a coloring book and if they color Outside the Lines it’s the role of the judicial branch to correct their work this is why all of the complaining that the Supreme Court’s recent decision in dogs V Jackson Women’s Health Organization is unconstitutional is totally incorrect the Supreme Court Justices are never supposed to be guided by public opinion which is why they are appointed immune from the concerns about having to run for reelection their job is to uphold the Constitution regardless of public opinion in the case of Dobbs the Supreme Court found that the courts that ruled on Roe v Wade and Planned Parenthood V Casey overstepped acting as legislators and writing law they corrected that error by returning the issue of abortion to the state level and if Americans truly believe that abortion is a right there’s recourse for that a super majority of Representatives in Congress could pass a constitutional amendment making abortion the law of the land such a notion certainly did not belong to the founding fathers it would have been Unthinkable but they had the humility and foresight to understand that the morals of their day might not be the values of Tomorrow the political system they designed is made to moderate between the countervailing concerns of stability and popular opinion while always protecting our fundamental rights Thomas Saul said there are no no Solutions there are only trade-offs Critics on the left should exercise some humility and foresight of Their Own by trying to understand the wisdom behind the trade-offs the founding fathers made when fashioning this ship it seems they recognize that wisdom when the filibuster Supreme Court electoral college or our system of checks and balances work in their favor but it’s worth a reminder that it is the functions of our political system that make it Democratic not the outcomes but if they still want to claim that our political system is undemocratic the question becomes what is the superior alternative clearly it’s not a monarchy or a dictatorship or pure majoritarianism and if you think pure majoritarianism is bad a European parliamentary system where a political party with a quarter of the popular vote makes decisions for the entire country is no better our federalism ensures that people in New York don’t have to live under the laws that work for Wyoming and the people in Wyoming don’t have to live under the laws that work for New York and that’s certainly preferable to Canada’s system in which the country is governed by three cities if nothing else the proof of the founding father’s wisdom can be found in the fact that the United States isn’t just the longest standing constitutional republic in the world it’s the most badass Battleship the Seas have ever seen [Music]
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