Republic vs Democracy

Can You Quantify Our Form of Government Into Simple Equations?

Published by Papa Giorgio

This is an old video, but someone just posted it on a Facebook group — what follows is my Facebook response as well as additional thoughts. Here is the video that prompted the below:

On the surface I can understand how someone would FEEL this describes reality. But our body politic is more complex than the above video would like to prescribe as reality. In fact, the video sets up a straw man [something that does not exist], and then attacks it as if it were the case.

Here is my response on Facebook:

FACEBOOK RESPONSE

Hey, I know our system is corrupted… but the video notes at around the 30-second mark:

  • This axis represents the likelihood of Congress passing a law that reflects any of these ideas from 0% to a 100% chance on this graph, an ideal republic would look like this: if 50% of the public supports an idea, there’s a 50% chance of it becoming law. If 80% of US support something, there’s an 80% chance.

I am sorry. That idea is explaining an ideal Democracy, which our Founders wholeheartedly rejected.

It reminds me of a call of a young black man into the Larry Elder Show where Larry was getting clarification [if he had misheard the young man], or, confirmation [if he had heard the man correctly].

Larry mentioned that “Ferguson is 57% black. What percentage of the arrest should be black people?

The caller responded: “57.”

Larry goes on to make an analogy about the NBA being a majority black players and asks – rhetorically – why the NBA isn’t 70% white? He answers himself by saying that the NBA is based on merit…

Similarly, Larry notes, arrests are based on crime. Not race. Arrests are merit based. So the PERCENTAGES don’t always match population.

Just like in a Republic. You have three forms of “checks and balances” that are supposed to be based in the Constitutional limiting of federal government powers and metering out state control over what is not clearly enumerated for the federal government to act on.

THIS has become corrupted over time, granted, but the “exact percentage” of something “becoming law” [in this video] does not reflect at all – all the variabilities in the struggle to pass something. The Founders didn’t want it easy like 60% says “a” therefore “a” should happen or become law.

In a pure Democracy however, the percentages would match. This video is made during a time where the Dems were [and still believe] pushing for the Electoral College to be abolished. This would effectively be a main driver to getting us to a pure Democracy. Something no one should want:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris(signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

(MORE HERE)

Take note that as well Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…“

Not “republican,” as one “political party, the GOP,” but as a “form” of government. So what is an example of the corruption of the “Consent of the Governed”?

[….]

Having discussed issues FOR YEARS with those on the other side of the aisle, I knew the response would still be similar to the caller into the Larry Elder Show. There is a “disconnect” on the Left that just doesn’t pick up simple underlying ideas. Here is the response as well as me responding…

[….]

…END OF MY FB RESPONSE… adding more info for my reader.

An important phrase in my mind’s eye is the phrase, “Consent of the Governed.” That is found in the Declaration of Independence. Here is an excerpt of the idea/phrase via the Declaration of Independence:

  • We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. 

Here are two large excerpts about this from THE HERITAGE FOUNDATION that I wish to share so the reader understands that the topic isn’t as “neat and tidy, or, simple” as the OP video makes it out to be with simple percentages.

[CONSENT]

…Part of the reason for the Constitution’s enduring strength is that it is the complement of the Declaration of Independence. The Declaration provided the philosophical basis for a government that exercises legitimate power by “the consent of the governed,” and it defined the conditions of a free people, whose rights and liberty are derived from their Creator. The Constitution delineated the structure of government and the rules for its operation, consistent with the creed of human liberty proclaimed in the Declaration.

Justice Joseph Story, in his Familiar Exposition of the Constitution (1840), described our Founding document in these terms:

We shall treat [our Constitution], not as a mere compact, or league, or confederacy, existing at the mere will of any one or more of the States, during their good pleasure; but, (as it purports on its face to be) as a Constitution of Government, framed and adopted by the people of the United States, and obligatory upon all the States, until it is altered, amended, or abolished by the people, in the manner pointed out in the instrument itself.

By the diffusion of power–horizontally among the three separate branches of the federal government, and vertically in the allocation of power between the central government and the states–the Constitution’s Framers devised a structure of government strong enough to ensure the nation’s future strength and prosperity but without sufficient power to threaten the liberty of the people.

The Constitution and the government it establishes “has a just claim to [our] confidence and respect,” George Washington wrote in his Farewell Address (1796), because it is “the offspring of our choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers uniting security with energy, and containing, within itself, a provision for its own amendment.”

The Constitution was born in crisis, when the very existence of the new United States was in jeopardy. The Framers understood the gravity of their task. As Alexander Hamilton noted in the general introduction to The Federalist,

[A]fter an unequivocal experience of the inefficacy of the subsisting federal govern­ment, [the people] are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the Union, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world.

Several important themes permeated the completed draft of the Constitution. The first, reflecting the mandate of the Declaration of Independence, was the recognition that the ultimate authority of a legitimate government depends on the consent of a free people. Thomas Jefferson had set forth the basic principle in his famous formulation:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed.

That “all men are created equal” means that they are equally endowed with unalienable rights. Nature does not single out who is to govern and who is to be governed; there is no divine right of kings. Nor are rights a matter of legal privilege or the benevolence of some ruling class. Fundamental rights exist by nature, prior to government and conventional laws. It is because these individual rights are left unsecured that governments are instituted among men.

Consent is the means by which equality is made politically operable and whereby arbitrary power is thwarted. The natural standard for judging if a government is legitimate is whether that government rests on the consent of the governed. Any political powers not derived from the consent of the governed are, by the laws of nature, illegitimate and hence unjust.

The “consent of the governed” stands in contrast to “the will of the majority,” a view more current in European democracies. The “consent of the governed” describes a situation where the people are self-governing in their communities, religions, and social institutions, and into which the government may intrude only with the people’s consent. There exists between the people and limited government a vast social space in which men and women, in their individual and corporate capacities, may exercise their self-governing liberty. In Europe, the “will of the majority” signals an idea that all decisions are ultimately political and are routed through the government. Thus, limited government is not just a desirable objective; it is the essential bedrock of the American polity.

[CHECKS AND BALANCES]

A second fundamental element of the Constitution is the concept of checks and balances. As James Madison famously wrote in The Federalist No. 51,

In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to controul the governed; and in the next place oblige it to controul itself. A dependence on the people is, no doubt, the primary controul on the government; but experience has taught mankind necessity of auxiliary precautions.

These “auxiliary precautions” constitute the improved science of politics offered by the Framers and form the basis of their “Republican remedy for the diseases most incident to Republican Government” (The Federalist No. 10).

The “diseases most incident to Republican Government” were basically two: democratic tyranny and democratic ineptitude The first was the problem of majority faction, the abuse of minority or individual rights by an “interested and overbearing” majority. The second was the problem of making a democratic form of government efficient and effective. The goal was limited but energetic government. The constitutional object was, as the late constitutional scholar Herbert Storing said, “a design of government with the powers to act and a structure to make it act wisely and responsibly.”

The particulars of the Framers’ political science were catalogued by Madison’s celebrated collaborator in The Federalist, Alexander Hamilton. Those particulars included such devices as representation, bicameralism, independent courts of law, and the “regular distribution of powers into distinct departments;’ as Hamilton put it in The Federalist No. 9; these were “means, and powerful means, by which the excellencies of republican government may be retained and its imperfections lessened or avoided.”

Central to their institutional scheme was the principle of separation of powers. As Madison bluntly put it in The Federalist No. 47, the “preservation of liberty requires that the three great departments of power should be separate and distinct,” for, as he also wrote, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.”

Madison described in The Federalist No. 51 how structure and human nature could be marshaled to protect liberty:

[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives to resist encroachments of the others.

Thus, the separation of powers frustrates designs for power and at the same time creates an incentive to collaborate and cooperate, lessening conflict and concretizing a practical community of interest among political leaders.

Equally important to the constitutional design was the concept of federalism. At the Constitutional Convention there was great concern that an overreaction to the inadequacies of the Articles of Confederation might produce a tendency toward a single centralized and all-powerful national government. The resolution to such fears was, as Madison described it in The Federalist, a government that was neither wholly federal nor wholly national but a composite of the two. A half-century later, Alexis de Tocqueville would celebrate democracy in America as precisely the result of the political vitality spawned by this “incomplete” national government.

The institutional design was to divide sovereignty between two different levels of political entities, the nation and the states. This would prevent an unhealthy concentration of power in a single government. It would provide, as Madison said in The Federalist No. 51, a “double security. .. to the rights of the people.” Federalism, along with separation of powers, the Framers thought, would be the basic principled matrix of American constitutional liberty. “The different governments;’ Madison concluded, “will controul each other; at the same time that each will be controulled by itself.”

But institutional restraints on power were not all that federalism was about. There was also a deeper understanding–in fact, a far richer understanding–of why federalism mattered. When the delegates at Philadelphia convened in May 1787 to revise the ineffective Articles of Confederation, it was a foregone conclusion that the basic debate would concern the proper role of the states. Those who favored a diminution of state power, the Nationalists, saw unfettered state sovereignty under the Articles as the problem; not only did it allow the states to undermine congressional efforts to govern, it also rendered individual rights insecure in the hands of “interested and overbearing majorities.” Indeed, Madison, defending the Nationalists’ constitutional handiwork, went so far as to suggest in The Federalist No. 51 that only by way of a “judicious modification” of the federal principle was the new Constitution able to remedy the defects of popular, republican government.

The view of those who doubted the political efficacy of the new Constitution was that good popular government depended quite as much on a political community that would promote civic or public virtue as on a set of institutional devices designed to check the selfish impulses of the majority As Herbert Storing has shown, this concern for community and civic virtue tempered and tamed somewhat the Nationalists’ tendency toward simply a large nation. Their reservations, as Storing put it, echo still through our political history.[1]

It is this understanding, that federalism can contribute to a sense of political community and hence to a kind of public spirit, that is too often ignored in our public discussions about federalism. But in a sense, it is this understanding that makes the American experiment in popular government truly the novel undertaking the Framers thought it to be.

At bottom, in the space left by a limited central government, the people could rule themselves by their own moral and social values, and call on local political institutions to assist them. Where the people, through the Constitution, did consent for the central government to have a role, that role would similarly be guided by the people’s sense of what was valuable and good as articulated through the political institutions of the central government. Thus, at its deepest level popular government means a structure of government that rests not only on the consent of the governed, but also on a structure of government wherein the views of the people and their civic associations can be expressed and translated into public law and public policy, subject, of course, to the limits established by the Constitution. Through deliberation, debate, and compromise, a public consensus is formed about what constitutes the public good. It is this consensus on fundamental principles that knits individuals into a community of citizens. And it is the liberty to determine the morality of a community that is an important part of our liberty protected by the Constitution.

The Constitution is our most fundamental law. It is, in its own words, “the supreme Law of the Land.” Its translation into the legal rules under which we live occurs through the actions of all government entities, federal and state. The entity we know as “constitutional law” is the creation not only of the decisions of the Supreme Court, but also of the various Congresses and of the President.

Yet it is the court system, particularly the decisions of the Supreme Court, that most observers identify as providing the basic corpus of “constitutional law.” This body of law, this judicial handiwork, is, in a fundamental way, unique in our scheme, for the Court is charged routinely, day in and day out, with the awesome task of addressing some of the most basic and most enduring political questions that face our nation. The answers the Court gives are very important to the stability of the law so necessary for good government. But as constitutional historian Charles Warren once noted, what is most important to remember is that “however the Court may interpret the provisions of the Constitution, it is still the Constitution which is the law, not the decisions of the Court.”[2]

By this, of course, Warren did not mean that a constitutional decision by the Supreme Court lacks the character of binding law. He meant that the Constitution remains the Constitution and that observers of the Court may fairly consider whether a particular Supreme Court decision was right or wrong. There remains in the country a vibrant and healthy debate among the members of the Supreme Court, as articulated in its opinions, and between the Court and academics, politicians, columnists and commentators, and the people generally, on whether the Court has correctly understood and applied the fundamental law of the Constitution. We have seen throughout our history that when the Supreme Court greatly misconstrues the Constitution, generations of mischief may follow. The result is that, of its own accord or through the mechanism of the appointment process, the Supreme Court may come to revisit some of its doctrines and try, once again, to adjust its pronouncements to the commands of the Constitution.

This recognition of the distinction between constitutional law and the Constitution itself produces the conclusion that constitutional decisions, including those of the Supreme Court, need not be seen as the last words in constitutional construction. A correlative point is that constitutional interpretation is not the business of courts alone but is also, and properly, the business of all branches of government. Each of the three coordinate branches of government created and empowered by the Constitution–the executive and legislative no less than the judicial–has a duty to interpret the Constitution in the performance of its official functions. In fact, every official takes a solemn oath precisely to that effect. Chief Justice John Marshall, in Marbury v. Madison (1803), noted that the Constitution is a limitation on judicial power as well as on that of the executive and legislative branches. He reiterated that view in McCullough v. Maryland (1819) when he cautioned judges never to forget it is a constitution they are expounding.

The Constitution–the original document of 1787 plus its amendments–is and must be understood to be the standard against which all laws, policies, and interpretations should be measured. It is our fundamental law because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared. In the end, the continued success and viability of our democratic Republic depends on our fidelity to, and the faithful exposition and interpretation of, this Constitution, our great charter of liberty.

[1] Herbert J. Storing, “The Constitution and the Bill of Rights.” in Joseph M. Bessette, ed., Toward a More Perfect Union: Writings of Herbert J. Storing (Washington, D.C.: The AEI Press, 1995).

[2] Charles Warren, The Supreme Court in United States History (Boston: Little, Brown, and Company, 1922-1924), 3 vols., 470-471.

ALL this plays a role in us getting laws.

As an example of how “judicial activism” changes an outcome of a vote that a stae has a right to vote on (BECUASE the enumerated powers in the Constitution were not clear and thus the states get to decide):

  • The meaning of marriage.

So a slight majority of California voters voted to say marriage is between a man and a woman. Proposition 8 passed with 52 percent of the vote. One federal judge [Judge Vaughn Walker — himself a gay man] overturned the will of the California people. I think this judge was acting in an “activist” manner, but there is a way to overrule his decision legally… and the percentages to do so were not present, plus the Supreme Court wrongly interfered in this as well — like with Roe v. Wade.

The above is all arguable of course between out varying views of politics — that is not the point.

The POINT IS that this dynamic interferes with “simple math/percentages” idea of those that wish to have a pure democracy.

By way of another point showing the complexity of outcomes not being easily “mathematized,” take the 9th Circuit Upper Court. In 2012, The U.S Supreme Court reversed 86% of the 9th Circuit Court of Appeals rulings that it reviewed. WOW. That is a clear sign of something going on — like Judicial activism. (And this was the time-period where the Supreme Court was more left leaning than now.)

Now however, the Court has moved less from a “the Constitution is a living and breathing document” idea (the progressives view); to a more originalist idea based in president and the authors intent (a conservative view).

  • “Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

So the outcome of the judicial case regarding such cases like Proposition 8 may end up being much different when in front of the upper courts.

How do you quantify something like that into percentages or fractions?

HINT: You can’t.

So, I noted way up in my Facebook comment that I agree that our form of government is corrupt. I did give an example in my Facebook response that I did not include above — that I will here. And while this example deals with just one aspect, you can apply this to both sides of the aisle in their attempt to distort the will of the people in proper representation in order to aquire power and privilege.

More on this from around the time it was released at REASON.ORG’s post. Here is the video description:

America’s public education system is failing. We’re spending more money on education but not getting better results for our children.

That’s because the machine that runs the K-12 education system isn’t designed to produce better schools. It’s designed to produce more money for unions and more donations for politicians.

For decades, teachers’ unions have been among our nation’s largest political donors. As Reason Foundation’s Lisa Snell has noted, the National Education Association (NEA) alone spent $40 million on the 2010 election cycle (source: http://reason.org/news/printer/big-ed…. As the country’s largest teachers union, the NEA is only one cog in the infernal machine that robs parents of their tax dollars and students of their futures.

Students, teachers, parents, and hardworking Americans are all victims of this political machine–a system that takes money out of taxpayers’ wallets and gives it to union bosses, who put it in the pockets of politicians.

Our kids deserve better.

(With all that in play in the above video… how does that make mathematical equations in outcomes of voting an easy course of action?)

An example of how the corruption in education distorts the will of the people. In a recent survey, 79% of Black parents supported vouchers, 74% supported charter schools, and 78% supported open enrollment. Roughly three in four Black parents (78%) support education savings accounts, which are becoming increasingly popular across the country. This percentage is much higher even than the national average of two-thirds (67%).

You would think that we would already have school choice, however, through the bedfellows of interest groups, unions, and Big-Government (Crony Capitalism, or, Crony Corporatism) — we have outcomes that stifle choice.

All that is debatable as well… but again:

  • How do you quantify that?

Our Founders Hated “Direct Democracy”

Published by Papa Giorgio

(Originally posted in April of 2015. New media added)

…the Founders hated democracy and left behind a REPUBLIC OF HIERARCHY, not a Democracy of Equality

Take note of Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…”

I tell my kids that we do not have a democracy, but a Democratic REPUBLIC; and I am basing these on the Constitution and the authors (and signers) understanding of it (commonly referred to as “original intent”).  Our Founders had an opportunity to establish a democracy in America but chose not to.  In fact, they made very clear that we were not – and never to become – a democracy:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”…

The Constitution: Why A Republic?

Published by Papa Giorgio

Winning the War of Independence brought a new challenge to the American people: what sort of government should they choose for their new nation? Robert George, Professor of Jurisprudence at Princeton University, explores the problems the founders faced at this pivotal moment in history.

Locke vs Rousseau (PragerU Update)

Published by Papa Giorgio

Most of us learned the key ideas of the Declaration of Independence in school: that “all men are created equal,” “endowed by their Creator with certain unalienable rights,” that government’s job is “to secure these rights.” This was a radical departure from the way things had always been. Where did these revolutionary ideas come from? Ben Shapiro explains in this illuminating video.

INTRO

When I read the title of this FEDERALIST article, it made me think back to an introduction letter to a co-worker who had left to go to San Francisco State University. The title is, “Seattle Anarchists Holding Capitol Hostage Demand Complete Return To State Of Nature.” You see, years ago I worked as the Special Order Clerk at Borders Books and Music. If there were harder to find books, I was the man to track them down for the customer. (This was around 1999 to 2001’ish.)

I had a co-worker that leaned Left and we set up a correspondence to exchange ideas about the roots or differences of Left and Right philosophies in the political parties. When I mentioned, for instance Rousseau being in a sense the philosophical founder for Western Leftism, he disagreed, but agreed that this should be our first subject. And Rousseau thought man should return to a state of nature, which is why thee FEDERALIST article rang a bell with me. At any rate, my co-worker…

…went away to school.

I mailed him the intro topic.

Never heard a peep.

I always wondered what happen to that [then] kid. Was the letter too long? Was he already partying and not caring a wit about the topic? Was his mailing address changed? Did he die? Whatever the case was, this was the first and only interaction I had with him when he left for college. So I figured I would put the paper here as an ode to the headline above and to save publicly some of my mediocre writing.

Here is a PDF of the below [letter] — Enjoy. BTW, this section allows you to JUMP to a section or appendix of your choice. Just hit the back arrow on your browser to return.

Rousseau’s Philosophy Of “Nothing”
In Retrospect To Locke’s Philosophy
Of “Ordered Statesmanship.”

SECTION ONE — deals with Rousseau and his social contract.

SECTION TWO — touches on the topic of Locke’s work, second treatise of civil government and more.

CONCLUSION— I will reference the self refuting nature of Rousseau’s philosophy… when put into a logical framework, it is un-workable!

APPENDIX A — discusses what was meant by the “general will” in Rousseau’s work and what Locke was referring to when mentioning “natural law.”

APPENDIX B — is a “investigation” into who Rousseau was, the inner man.

APPENDIX C — uses two examples of social compacts years before Lockean principles were formed.

APPENDIX D — is the journey of a French statesman hired by his government to find the key to the American Revolution.

BIBLIOGRAPHY

LOCKE vs. ROUSSEAU

SECTION ONE

“I have received your new book against the human race, and I thank you for it. Never was such cleverness used in the design of making us all stupid. One longs, in reading your book, to walk on all fours. But as I have lost that habit more than sixty years ago, I feel unhappily the impossibility of resuming it.” — Voltaire on Rousseau’s Social Contract

“Everything I have said and done in these last years is relativism by intuition…. If relativism signifies contempt for fixed categories and men who claim to be bearers of an objective, immortal truth… then there is nothing more relativistic than fascistic attitudes and activity…. From the fact that all ideologies are of equal value, that all ideologies are mere fictions, the modern relativist infers that everybody has the right to create for himself his own ideology and to attempt to enforce it with all the energy of which he is capable.” — Mussolini

“The most horrid and cruel blow that can be offered to civil society is through atheism,” — Edmund Burke, British Statesman

According to Locke, people are better off in the properly constituted state than they are or were in the “state of nature.” Quite a different point of view was expressed by Jean-Jacques Rousseau (1721-1778). In the state of nature, in which there was neither state nor civilization, people were essentially innocent, good, happy, and healthy, maintained Rousseau in his Discourse on the Origin and Foundation of the Inequality among Men (1754). Further, in the state of nature, he said, people enjoyed perfect freedom. But with the advent of private property, this all changed. “The first man who, having enclosed a piece of ground, bethought himself of saying ‘This is mine,’ and found people simple enough to believe him, was the real founder of civil society,” which brought with it the destruction of natural liberty and which, “for the advantage of a few ambitious individuals, subjected all mankind to perpetual labor, slavery and wretchedness.”

To put this in some sort of perspective, Rousseau wrote this indictment of civilization in 1754. This was fully sixty-seven years after Newton had published his Principia. It was two years after Benjamin Franklin, with key and kite, had proved that lightning is electricity. Thirty years earlier, Daniel Gabriel Fahrenheit had devised his thermometer. Bach had been dead four years, and it had been twenty-three years since he had completed the Brandenburg Concertos, a masterpiece of mathematical reasoning expressed in music. This, in short, was the eighteenth century, the Enlightenment, the age of light, the Age of Reason. Civilization was stuffed with benefits. Philosophers were (as always) critical, but this critical? Civilization a step in retrograde?

But Rousseau later came to think that, in proper society, people would surrender their individual liberty for a different and more important collective liberty. Through a social compact a people may agree, in effect, to unite into a collective whole, called “the state” or “the sovereign,” and through the state sovereign enact laws reflective of the general will. An important point to be aware of here is that, for Rousseau, the state or sovereign is an entity in its own right, a “moral person” (as Rousseau says), a nonbiological organism that has its own life and its own will. Rousseau’s concept of the general will – that is, the will of a politically united people, the will of the state – is his most important contribution to political philosophy (see appendix A for a further discussion on the general will).

Plato viewed the state as a person or organic entity as well, a sort of organism. Alternatively, think of a football team, which can easily be regarded as something “over and beyond” the individual players that make it up, or a corporation, which the law regards as a person.

The general will, according to Rousseau, defines what is to common good, and thus determines what is right and wrong and should not be done. And the state or sovereign (i.e., the people as a collective agent) expresses this general will by passing laws. Further, the general will, the will of the people taken collectively, represents the true will of each person. Thus, insofar as the individuals actions coincide with the common will, he is acting as he really wants to act – and to act as you really want to act is to be free, said Rousseau. “Compelling (*by force?) a person to accept the general will by obeying the laws of the state is forcing him to be free,” Rousseau wrote in a famous passage. So we may lose individual or “natural” liberty when we unite to form a collective whole, but we gain this new type of “civil” liberty, “the freedom to obey a law which we prescribe for ourselves.” Thus, Rousseau wrote, “it is to law alone that men owe justice and [civil] liberty.”

The question arises, of course, just how do we know what the general will is? Rousseau’s answer: If we, the citizens, are enlightened and are not allowed to influence one another, then a majority determines what the general will is: “The general will is found by counting votes. When, therefore, the opinion which is contrary to my own prevails, this proves neither more nor less than that I was mistaken, and that what I thought to be the general will was not so.”

Rousseau, however, distinguishes between the “will of all” and “the general will.” On the former of the two, Rousseau wrote, “is indeed but a sum of private wills: but remove from these same wills the pluses and minuses that cancel each other, and then the general will remains as the sum of the differences.”

According to Rousseau, it makes no sense to think of either delegating or dividing the general will. Therefore, he calculated, in the state, there cannot validly be a division of powers (in contrast to what Locke thought), and, though we may commission some person or persons to administer or enforce the law, these individuals act only as our deputies, not as our representatives. Rousseau maintained that the citizens of the state have the right at any time to terminate the social contract (explained more in the conclusion). He also held that they have the right at any time to depose the officials of the state. The implication of the right of the citizenry to terminate the social contract at any time and of their to remove officials of the state at any time is that the citizenry have a right of revolution and a right to resume anarchy at any time. Thus Rousseau is thought to have provided a philosophical justification for anarchy and revolution.

Did Rousseau also unwittingly establish a philosophical basis for totalitarianism? Some think that is the case because he said that “the articles of the social contract [reduce] to this single point: the total alienation of each associate, and all his rights, to the whole community.” If the community is regarded not just as the sum total of its members but as an entity somehow over and above the individuals in it, an entity with its own life and will that can itself do no wrong and must always be obeyed, then Rousseau’s words do have an ominous ring and invoke concepts that are incorporated wholesale in the philosophy of fascism. – (Hitler’s claim that the Fuhrer instinctively knows the desires of the Volk and is therefore due absolute obedience is an appeal to the general will.)

Also ominous is what Rousseau wrote near the end of The Social Contract (1792): “If any one, after he has publicly subscribed to these dogmas [which dispose a person to love his duties and be a good citizen], shall conduct himself as if he did not believe them, he is to be punished by death.” (*ahh, …by force!)

[Editor’s Note: before heading into section two, years after this I read a book by the son of famous atheist Madalyn Murray O’Hair, William J. Murray. In his book, Utopian Road to Hell: Enslaving America and the World with Central Planning (KINDLE), he discusses the origins of Communism in Plato and the Spartan’s. That was an interesting addition to this thinking. But here I am speaking to a more modern Leftism found in the West]

SECTION TWO

“I do not know whether all Americans have a sincere faith in their religion [Christianity] – for who can know the human heart? – but I am certain that they hold it to be indispensable for the maintenance of republican institutions. This opinion is not peculiar to a class or to a party, but it belongs to the whole rank of society.” America, Tocqueville added, is “the place where the Christian religion has kept the greatest power over men’s souls; And nothing better demonstrates how useful and natural it is to man, Since the country where it now has the widest sway is both the most Enlightened and the freest.” — Alex de Tocqueville, French Statesman.

“[A] true patriot must be a religious man… [H]e who neglects his duty to his Maker, may well be expected to be deficient and insincere in his duty towards the public.” — Abigail Adams agreeing with John Witherspoon

“…we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” — John Adams, first (1789–1797) Vice President of the United States, and the second (1797–1801) President of the United States.

In this section on the musings of John Locke, I must confess that I have to break the mold in which I was told I must write this paper. Some of the reasons being that a proper understanding of the “law of nature” or “natural law” is foundational to Locke’s writings and political philosophy. So I turn our attention first towards the French Revolution and it’s Constitution, whose announced aim was to duplicate the American Revolution, which had been such an obvious success. In fact, Thomas Jefferson traveled to Paris in order to assist Lafayette and his associates to draft their own Declaration of Rights.

“Everyone here is trying their hands at forming a declaration of rights,” Jefferson wrote in a letter to Madison, and included in his correspondence several drafts. “As you will see,” Jefferson observed, “it contains the essential principles of ours accommodated as much as could be to the actual state of things here.” Article Four of the French Declaration of the Rights of Man, drafted in August of 1789, for example, states that “liberty consists in the ability to do whatever does not harm another.” France’s Declaration abolished slavery, titles of nobility, and the remnants of feudalism and serfdom. In many respects, the French Declaration appeared superior to Jefferson’s Declaration of Independence. But whereas the American Revolution ended in the establishment of a constitutional democracy, a government under law, the French Revolution ended in tyranny and government by the guillotine, followed by the rise of Napoleon.

~ The obvious question is what went wrong in France? ~

The French Declaration did not acknowledge that the source of man’s rights is man’s “Creator,” as Jefferson had affirmed in America’s Declaration of Independence. The French Declaration did not even mention that rights are inherent, inalienable, or derived from any transcendent authority. This is why in China today the communist government persecutes the followers of the Christian faith. Not because communism is atheistic in it’s philosophy, but because Christians believe that earthly kings are answerable to the “King of the Earth.” A transcendent right giver, so to speak. Rights, for the Frenchman, were granted by an enlightened government. George Washington inadvertently commented on such an enlightened government: “[L]et us with caution indulge the supposition that morality can be maintained without religion. Whatever may be concede to the influence of refined education on minds… reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.”

Locke’s two Treatise of Civil Government contained 102 Biblical citations. Locke even began his argument with the proposition that God intended man to own private property, and referred the reader to Genesis: “God gave the world to Adam and his posterity in common,” He then went on cite Paul’s first letter Timothy: “God… richly supplies us all things….” But, Locke added hastily, this was by no means a prescription for socialism, as man also possesses property in the form of his own exertions. Thus, any individual who takes what God has provided equally to all and tailors it to his purposes becomes sole owner of that property. A farmer, for example, who builds a fence and cultivates the land for the production of food, becomes the legitimate owner of the land.

According to Locke’s view: “God, when He gave the World in common to all mankind, commanded man also to labor… God in His reason commanded him to subdue the earth, subdue it for the benefit of life, and therein lay out something upon it that was his own, his labor. He that in obedience to this command of God subdued, tilled and sowed any part of it, thereby annexed to it something that was his property, which another had no title to, and could not without injury take it from him.” Moreover, “thou shalt not steal” and “thou shalt not covet” are commandments (unchanging moral law that is Locke’s [God’s] general will) of God designed to protect private property, which includes labor and the fruits thereof.

Another vast difference between Rousseaulean doctrine and that of Locke’s is Original Sin. From his reading of Genesis, Locke noted that man at one time existed outside the bounds of civil government, was in a “state of nature” and completely free. But once sin entered into the world through Adam’s indiscretion, the safety of men and their property became tenuous. Man’s fallen state required that he give up some of his freedom and prudently subject himself to civil government, without which his ability to enjoy the fruits of his labor and defend his rights “is very uncertain and constantly exposed to invasion of others.”

Locke adds, “For all men being kings such as he, every man his equal and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state [of nature] is very unsafe, very insecure. This makes him willing to quite this condition, which however free, is full of fears and continual dangers.”

Frail and defenseless individuals, in Locke’s view, were forced by the brutish circumstances (i.e., original sin = man inherently evil; no original sin = man inherently good) of existence (which man creates) to band together for their own mutual protection to form civil societies, entrusting to some sovereign agent the power to wield the sword against bandits and foreign invaders. But Locke, wanting to confine the duties of government to a narrow compass, was quick to add that the power of government is by no means absolute; the people had entered into a mutual and binding trust with each other and had established a regime with precisely defined obligations. If this trust or “compact” – precisely defined obligations – is at any time broken, the people have the right to withdraw their allegiance… even to rebel and depose their ruler, an astonishing notion to those who believe the monarch’s authority flowed from divine right.

To the question: Who shall judge the king? Locke replied,

“The people shall be the judge,” though in the end, said Locke, “God in Heaven is Judge. He alone, ‘tis true, is Judge of the right. But every man is judge for himself… whether he should appeal to the Supreme Judge, as Jephthah did” and wage war (Judges 11:27-33). “I will not dispute now whether princes are exempt from the laws of their country,” wrote Locke, “but this I am sure, they owe subjection to the laws of God,” and added: “No body, no power, can exempt them from the obligations of that Eternal Law [caps in the original]… Whatever some flatterers say to princes of the world, who all together, with their people joined to them, are, in comparison to the Great God, but a drop of a bucket, or a dust on the balance, inconsiderable, nothing” (Isaiah 40:15).

Locke’s argument for disobeying a king was actually a conservative one. While Royalists believed rejection of the monarch’s authority was the same as disobeying God. Locke thought little harm would come from acknowledging the people’s prerogative to exercise their ultimate right to reject the civil authority, because “people are not so easily got out of old forms as some are apt to suggest.” “Great mistakes,” said Locke, “will be born by people without mutiny or murmur” (see conclusion). Only “a long train of abuses, prevarications and artifices, all tending the same way,” that is towards subverting the people’s God-given liberties, could make people “rouse themselves.”

Locke was merely applying Protestant religious principles to the world of politics (see appendix C). If the individual has the authority to interpret Scripture for himself, without a human agent acting as intermediary, isn’t it also up to the individual to determine his own relationship to the government and indeed to the rest of society? Under extreme circumstances, thought Locke, the conscience of the individual, informed by scripture, and right reason, can supersede the government and even the collective judgment of the group because society is a voluntary union, from which anyone can exit if he so chooses. Unlike Rousseau who said, “Further, the general will, the will of the people taken collectively, represents the true will of each person. Thus, insofar as the individuals actions coincide with the common will, he is acting as he really wants to act – and to act as you really want to act is to be free.”  Neither are you free to exit at any time according to Rousseaulean philosophy: “If any one, after he has publicly subscribed to these dogmas [which dispose a person to love his duties and be a good citizen], shall conduct himself as if he did not believe them, he is to be punished by death.”

CONCLUSION

Society As the “Whole”

(Excerpted from the book, Relativism: Feet Planted Firmly In Mid-Air)

If Society, the will of all or the will of the majority [society says], is the final measure of morality, then all its judgements are moral by definition. Such a concept is an oxymoron – a contradiction in terms. An attorney once called a radio talk show with a challenge. “When are you going to accept the fact that abortion is the law of the land?” she asked. “You may not like it, but it’s the law.” Her point was simple. The Supreme Court has spoken, so there is nothing left to discuss. Since there is no higher law, there are no further grounds for rebuttal. This lawyer’s tacit acceptance of conventionalism suffers because it confuses what is right with what is legal.

When reflecting on any law, it seems sensible to ask, “it’s legal, but is it moral?  It’s law , but is the law good; is it just?” There appears to be a difference between what a person has the liberty to do under the law and what a person should do. Conventionalism renders this distinction meaningless. There is no “majority of one” to take the higher moral ground. As Pojman puts it, “Truth is with the crowd and error with the individual” (much like Rousseau). This is tyranny of the majority.

When any human court is the highest authority, then morality is reduced to mere power – either power of the government or power of the majority. If the courts and laws define what is moral, then neither laws nor governments can ever be immoral, even in principle.

Another absurd consequence follows from the society says line of thought. This view makes it impossible to reform the morals of a society. There are actually two problems here; the first is called the reformer’s dilemma. Moral reformers typically judge society from the inside. They challenge their culture’s standard of behavior and then campaign for change. But when morality is defined by the present society’s standard, then challenging the standard would be an act of immorality. Social reformers would be made moral outcasts precisely because they oppose the status quo.

Corrie ten Boom and other “righteous gentiles” risked their own lives to save Jews during the Holocaust. William Wilberforce sought the abolition of slavery in the late eighteenth century in the United Kingdom. Martin Luther King Jr. fought for civil rights in the United States in the 50’s and 60’s. in Germany during World War II, Martin Niemoller and Dietrich Bonhoeffer challenged Christians to oppose Hitler.

We count these people as moral heroes precisely because they had the courage to fight for freedom. According to Society Says thought, however, they are the worst kind of moral criminals because they challenged the moral consensus of their own society. This view faces another difficulty with moral improvement of society. If society’s laws and cultural values are the ultimate standards of behavior, then the notion of moral improvement on a legal or cultural level is nonsense. A social code can never be improved; it can only be changed.

Think of what it means to improve something. Improvement means an increase in excellence by raising to a better quality or condition. How do we know if we have increased the quality of something? Only by noting that some change has brought it closer to an external standard of improvement. A bowler improves when she raises her average closer to 300, the perfect game. A baseball pitcher increases his skill by decreasing the number of batters he allows on base. If he strikes out every batter, he’s attained perfection. In either case, an outside standard is used as the measure of improvement.

To improve a society’s moral code means that the society changes its laws and values to more closely approximate an external moral ideal. If no such standard exists, if cultural values are the highest possible law, then there is no way for those standards to be better than what they are at any given moment. They can only be different. A society can abolish apartheid in favor of equality. It can adopt policies of habeas corpus protecting citizens against unjustified imprisonment; it can guarantee freedom of speech and the press. But according to this view, no one could ever claim that these are moral improvements but only that society changed its tastes. There is no moral ideal to emulate. Moral change is possible, but not moral improvement. Improvement means getting better, and there’s nothing better – in this view – than any society’s current assessment of morality. And moral reformers actually turn out to be unethical.

APPENDIX A

“By offering evolution in place of God as a cause of history, Darwin removed the theological basis of the moral code of Christendom. And the moral code that has no fear of God is very shaky. That’s the condition we are in.” — Will Durant, the preeminent historian and author of The Story of Civilization

Speaking of his native born Russia, “But if I were asked today to formulate as possible the main cause of the ruinous revolution that swallowed some 60  million of our people, I could not put it more accurately than to repeat: ‘Men have forgotten God; that’s why all this has happened.’“ — Nobel Prize winner, Alexander Solzhenitsyn

“I have been alternately called an aristocrat and a democrat. I am… neither. I am a Christocrat…. I believe all power… will always fail of producing order and happiness in the hands of man. He alone who created and redeemed man is qualified to govern him.” — Founding Father Benjamin Rush

A Critique of the “General Will”

Rousseau’s concept of the general will is essentially the same as such familiar concepts as the “sentiment of a nation” and the “aspirations of a people.” The idea is that a group of people may collectively or as a group desire or wish or want something, and that this collective desire, though it may coincide with the desires of the individuals in the group, is a metaphysically distinct entity.

Two questions about the general will, and all similar notion of a collective sentiment, are controversial to this day. First, what is it? Let’s suppose, for example, that every member of a group of people believes that the federal deficit should be reduced. We may say, then, that the federal deficit should be reduced. But can saying this possibly mean otherwise than simply that every individual in the group believes that it should be reduced? In this instance, that is, the general will seems no different from the wills of all individuals.

Let’s suppose now that 60 percent of the group believes that the deficit should be reduced. If we now say that the general will is that the federal deficit should be reduced, can we mean anything other than that 60 percent believes that way? In this instance, then, the general will seems no different from the individual wills of the 60 percent.

Suppose, finally, that 50 percent believes in raising taxes to reduce the federal deficit and 50 percent believes in cutting taxes to reduce the federal deficit. If we ignore the differences about how the deficit should be reduced (these, Rousseau might say, are “pluses and minuses that cancel each other”) and say that the general will is that the deficit should be reduced, do we mean anything other than what we did in the first instance, namely, that everyone believes that it should be reduced?

Thus, if the general will is supposedly something other than the will of all or the will of the majority – which clearly is Rousseau’s view because he envisions circumstances in which the majority will and the will of all may actually run counter to the general will – the question is: What is it?

And the second question is: Even granting that a group may have a general will that is distinct from the will of the majority, how is one to determine the specific propositions it endorses? Polls and elections disclose the will of all and the will of the majority; what discloses the general will? Through the will of all the general will could feasibly be changed since “the freedom to obey a law which we prescribe for ourselves.” Thus, Rousseau wrote, “it is to law alone that men owe justice and [civil] liberty.” Man is the end to a means, this general will then is subjected to his will as opposed to His Will!

This is why an unconstitutional democracy will never work. Founding Father Fisher Ames said, “A democracy is a volcano which conceals the fiery materials of its own destruction. These will produce an eruption, and carry desolation in their way,” (legally, I might add). Founding Father Benjamin Rush was equally pointed when he noted, “A simple democracy is the devil’s own government.” Founding Father and President John Adams stated that, “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There has never been a democracy yet that did not commit suicide.”

So strongly did the Founders oppose democracy that when they created the Constitution, they included a provision to keep America from becoming a democracy. Article 4, Section 4 of the Constitution requires that “each State maintain a republican form of government” – a republican form as opposed to a democratic one. One of our most thoroughly educated Founding Fathers was Noah Webster, who illuminated us as to what a “republican form of government was,” keeping in mind that Webster was the author of Article 1, Section 8, of the Constitution:

“[O]ur citizens should early understand that the genuine source of correct republican principles is the Bible, particularly the New Testament, or the Christian religion.”

The Judeo-Christian moral standard will never change because the basis for it is Divine in nature. This is the general will that a properly constituted government can refer to in order to stay within the lane lines of freedom and liberty. This is something that Rousseau’s general will cannot, and will never be able to, accomplish!

APPENDIX B

“As a man thinkith in his heart, so he is” — Proverbs 23:7

“If the moral character of a people once degenerate, their political character must soon follow…. These considerations should lead to an attentive solicitude… to be religiously careful in our choice of all public officers… and judge of the tree by its fruit.” — Founding Father Elias Boudinot

As the quotes above give a clue as to what this appendix is, I would want to first say that a man can change, but Rousseau never showed that change that can so inspire men to renounce their past beliefs, like Abraham Maslow. So lets delve into the mind of Rousseau with a conglomeration of quotes by him from various sources. This is done in order that we may see who the real Rousseau is.

Rousseau actually enjoyed the lavish lifestyle and considerable success even in his lifetime. To the unprejudiced modern eye he does not seem to have had much to grumble about. Yet Rousseau was one of the greatest grumblers in the history of literature. He insisted that his life had been one of misery and persecution. He reiterates the complaint so often and in such harrowing terms, that one feels obligated to believe him. On one point he was adamant: he suffered from chronic ill health. He was “an unfortunate wretch worn out by illness… struggling every day of my life between pain and death.” He had “not been able to sleep for thirty years.”

“Nature,” he added, “which has shaped me for suffering, has given me a constitution proof against pain in order that, unable to exhaust my forces, it may always make itself felt with the same intensity.”

It is true that he always had trouble with his penis. In a letter to his friend Dr. Tronchin, written in 1755, he refers to “the malformation of an organ, with which I was born.” His biographer Lester Crocker, after careful diagnoses, writes: “I am convinced that Jean-Jacques was born a victim of hypospadias, a deformity of the penis in which the urethra opens somewhere on the ventral surface.” In adult life this became a stricture, necessitating painful use of a catheter, which aggravated the problem both psychologically and physically. He constantly felt the urge to urinate and this raised difficulties when he was living in high society: “I still shudder to think of myself, in a circle of women, compelled to wait until some fine talk had finished… When at last I find a well-lit staircase there are other ladies who delay me, then a courtyard full of constantly moving carriages ready to crush me, ladies’ maids who are looking at me, lackeys who line the walls and laugh at me. I do not find a single wall or wretched little corner that is suitable for my purpose. In short I can urinate only in full view of everybody and on some noble white-stockinged leg.”

The passage is self-pitying and suggests, along with much other evidence, that Rousseau’s health was not as bad as he makes out. At times, when it suites his argument, he points to his good health. His insomnia was partly fantasy, since various people testify to his snoring. David Hume, who was with him on the voyage to England, wrote, “He is one of the most robust men I have ever known. He passes ten hours in the night-time above deck in the most severe weather, where all the seamen were almost frozen to death, and he took no harm.”

Rousseau called himself the “unhappiest of mortals,” spoke of the “grim fate which dogs my footsteps,” claimed “few men have shed so many tears” and insisted: “my destiny is such that no one would dare describe it, and no one would believe it.” In fact he described it often and many did believe, that is until they learned more about his character. Even then some sympathy remained. Madame d’Epinay, a patroness whom he treated abominably, remarked, even after her eyes were opened: “I still feel moved by the simple and original way in which he recounted his misfortunes.” He was what armies call an Old Soldier, a practiced psychological con-man. One is not surprised to find that, as a young man, he wrote begging letters, one of which has survived. It was written to the Governor of Savoy and demands a pension on the grounds that he suffers from a dreadful disfiguring disease and will soon be dead.

But behind all this self-pity lay an overpowering egoism, a feeling that he was quite unlike other men, both in his sufferings and his qualities. He wrote: “What could your miseries have in common with mine? My situation is unique, unheard of since the beginning of time.…” Equally, “The person who can love me as I can love is still to be born.” “No one ever had more talent for loving.” “I was born to be the best friend that ever existed.” “I would leave this life with apprehension if I knew a better man than me.” “show me a better man than me, a heart more loving, more tender, more sensitive…” “Posterity will honor me… because it is my due.” “I rejoice in myself.” “…my consolation lies in my self-esteem.” “…if there were a single enlightened government in Europe, it would have erected statues of me.”

No wonder why Burke declared: “Vanity was the vice he possessed to a degree little short of madness.” It was part of Rousseau’s vanity that he believed himself incapable of base emotions. “I feel too superior to hate.” “I love myself too much to hate anybody.” “Never have I known the hateful passions, never did jealousy, wickedness, vengeance enter my heart… anger occasionally but I am never crafty and never bear a grudge.” In fact he frequently bore grudges and was crafty in pursuing them. Men noticed this. Rousseau was the first intellectual to proclaim himself, repeatedly, the friend of all mankind. But loving as he did humanity in general, he developed a strong propensity for quarreling with human beings in particular. One of his victims, his former friend Dr. Tronchin of Geneva, protested: “How is it possible that the friend of mankind is no longer the friend of men, or so scarcely so?”

In 1743 he was given what seemed to plush post of secretary to the French Ambassador in Venice, the Comte de Montaigu. This lasted eleven months and ended in his dismissal and flight to avoid arrest by the Venetian Senate. Montaigu stated (and his version is to be preferred to Rousseau’s own) that his secretary was doomed to poverty on account of his “vile disposition” and “unspeakable insolence,” the product of his “insanity” and “high opinion of himself.”

Rousseau was a madman impassioned only with his best interests in mind. Granted he did reapply some beliefs that had already existed, much like Locke, but the difference between the two men in lifestyle and philosophy shows, that in all, Locke was a man to be measured by his deeds and his words.

APPENDIX C

“Being a lover of freedom, when the [Nazi] revolution came, I looked to the universities to defend it, knowing that they had always boasted of their devotion to the cause of truth; but no, the universities were immediately silenced. Then I looked to the great editors of the newspapers, whose flaming editorials in days gone had proclaimed their love of freedom; but they, like the universities, were silenced in a few short weeks…” “Only the Church stood squarely across the path of Hitler’s campaign for suppressing the truth. I never had any special interest in the Church before, but now I feel a great affection and admiration for it because the Church alone has had the courage and persistence to stand for intellectual and moral freedom. I am forced to confess that what I once despised I now praise unreservedly.” — Albert Einstein

I wanted to quickly debunk the feeling that Locke and Rousseau were the originators of the social contract. Just a couple examples will suffice, but others throughout Christian history are available. The Mayflower Compact is a prime example of what a community with Godly principles and the welfare of all in mind can do.

“In the name of God, amen. We whose names are underwritten, the loyal subjects of our dread Sovereign, Lord King James, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, & c., having undertaken for the glory of our king and country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents, solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil body politick, for our better ordering and preservation, and furtherance of the ends aforesaid.”

This agreement was executed on November 11, 1620 – predating Locke’s Second Treatise by seven decades. It proved to be an accurate precursor of the Plymouth polity, which thereafter featured annual elections for governor, deputy governor, and legislature. As with the churches of that era, the pattern was repeated often in the experience of New England. Here, for example, are the words of the Fundamental Orders of Conneticut (1639), the colony established and led by Thomas Hooker:

“…well knowing where a people are gathered together the word of God requires that to maintain the peace and union of such people there should be an orderly and decent government established according to God, [we] do therefore associate and conjoin ourselves to be as one public state or commonwealth; and… enter into combination and confederation together, to maintain and pursue the liberty and purity of the gospel of our Lord Jesus which we now profess…”

Appendix D

Alex de Tocqueville on the American Revolution

Alex de Tocqueville in the early 1800’s was commissioned to by the French government to travel throughout the United States in order to discover the secret of the astounding success of this experiment in democracy. The French were puzzled at the conditions of unparalleled freedom and social tranquility that prevailed in America. Previously, it was thought that where there was liberty, anarchy would inevitably follow because of the inability of the people to govern themselves. But in America people were free – and also well behaved. In fact, nowhere on earth was there so little social discord.

When the French jurist, Alexis de Tocqueville, visited the United States in 1831, he became so impressed with what he saw that he went home and wrote one of the best definitive studies on the American culture and Constitutional system that had been published up to that time. His book was called Democracy in America. Concerning religion in America, de Tocqueville said: “On my arrival in the United States the religious aspect of the country was the first thing that struck my attention; and the longer I stayed there, the more I perceived the great political consequences resulting from this new state of things” (emphasis added).

He described the situation as follows: “Religion in America takes no direct part in the government of society, but it must be regarded as the first of their political institutions … I do not know whether all Americans have a sincere faith in their religion – for who can search the human heart? – but I am certain that they hold it to be indispensable to the maintenance of republican institutions. This opinion is not peculiar to a class of citizens or to a party, but it belongs to the whole nation and to every rank of society.”

In Europe, it had been popular to teach that religion and liberty were enemies of each other. De Tocqueville saw the very opposite happening in America. He wrote: “The philosophers of the 18th century explained in a very simple manner the gradual decay of religious faith. Religious zeal, said they, must necessarily fail the more generally liberty is established and knowledge diffused. Unfortunately, the facts by no means accord with their theory. There are certain populations in Europe whose unbelief is only equaled by their ignorance and debasement; while in America, one of the freest and most enlightened nations in the world, the people fulfill with fervor all the outward duties of religion”….

The Greatest Influence [De Tocqueville] emphasized the fact that this religious undergirding of the political structure was a common denominator of moral teachings in different denominations and not the political pressure of some national church hierarchy. Said he: “The sects [different denominations] that exist in the United States are innumerable. They all differ in respect to the worship which is due to the Creator; but they all agree in respect to the duties which are due from man to man. Each sect adores the Deity in its own peculiar manner, but all sects preach the same moral law in the name of God…. All the sects of the United States are comprised within the great unity of Christianity, and Christian morality is everywhere the same … There is no country in the world where the Christian religion retains a greater influence over the souls of men than in America.”

It was astonishing to de Tocqueville that liberty and religion could be combined in such a balanced structure of harmony and good order. He wrote: “The revolutionists of America are obliged to profess an ostensible respect for Christian morality and equity, which does not permit them to violate wantonly the laws that oppose their designs … Thus while the law permits the Americans to do what they please, religion prevents them from conceiving, and forbids them to commit, what is rash or unjust”….

In one of de Tocqueville’s most frequently quoted passages, he stated: “I sought for the greatness and genius of America in her commodious harbors and her ample rivers, and it was not there; in her fertile fields and boundless prairies, and it was not there; in her rich mines and her vast world commerce, and it was not there. Not until I went to the churches of America and heard her pulpits aflame with righteousness did I understand the secret of her genius and power.”

BIBLIOGRAPHY

  • Two Treatises of Government, John Locke, edited by Edited by Thomas I. Cook.
  • Rousseau’s Political Writings, Jean-Jacques Rousseau, edited by Alan Ritter. Translated by Julia C. Bondanella.
  • Intellectuals, by Paul Johnson.
  • The Betrayal of Liberalism: How the Disciples of Freedom & Equality Helped Foster the Illiberal Politics of Coercion & Control, edited by Hilton Kramer and Roger Kimball.
  • Christianity & the Constitution: The Faith of Our Founding Fathers, by John Eidsmoe.
  • Intellectuals Don’t Need God & Other Modern Myths: Christian Apologetics for Today, by Alister E. McGrath.
  • Faith & Freedom: The Christian Roots of American Liberty, by Benjamin Hart.
  • Refutation of Moral Relativism: Interviews With An Absolutist, by Peter Kreeft.
  • America’s Thirty-Year War: Who Is Winning?, by Balint Vazsonyi.
  • Relativism: Feet Firmly Planted in Mid-Air, Francis J. Beckwith and Gregory Koukl.
  • The Oxford Companion to Philosophy, edited by Ted Honderich.
  • Philosophy for Dummies, by Tom Morris.
  • Introduction To Ethics, by Robert van Wyk.
  • The Passion of the Western Mind: Understanding the Ideas That Have Shaped Our World View, by Richard Tarnas.
  • America’s God & Country Encyclopedia of Quotations, by William Federer.
  • The Theme Is Freedom: Religion, Politics, & the American Tradition, M. Stanton Evans.
  • How Now Shall We Live?, by Charles Colson.
  • Keys to Good Government: According to the Founding Fathers, by David Barton.
  • The Foundations of American Government, by David Barton.
  • Philosophy: The Power of Ideas, Brooke N. Moore and Kenneth Bruder.
  • The Oxford History of Western Philosophy, edited by Anthony Kenny.
  • The Concise Conservative Encyclopedia; 200 of the Most Important Ideas, Individuals, Incitements, &
    Institutions That Have Shaped the Movement, by Brad Miner.
  • The Character of Nations: How Politics Makes & Breaks Prosperity, Family & Civility, by Angelo M. Codevilla.

Republican Form of Government (Definitions)

Published by Papa Giorgio

Take note of Article IV, Section 4 of the Constitution reads:

“The United States shall guarantee to every state in this union a republican form of government…”

I tell my kids that we do not have a democracy, but a Democratic REPUBLIC; and I am basing these on the Constitution and the authors (and signers) understanding of it (commonly referred to as “original intent”). Our Founders had an opportunity to establish a democracy in America but chose not to. In fact, they made very clear that we were not – and never to become – a democracy:

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.´ / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”