Of Majority Rule and Minority Freedom

Photo by Davide Ragusa on Unsplash

The majority rules, the minority be damned.  That is the heart of a democracy.  The Founders of the United States wisely chose a different course.  They recognized that popular majorities are inherently unstable, ever shifting, never constant, with little patience for the minority.  Each of us, however, is always and ever part of some minority.  The Founders sought a durable nation that would accommodate variety, so they established a republic.  More precisely, they established a democratic republic, where representatives are chosen by democratic action.

A republic works, and can only work, by respecting and accommodating one another sufficient to find agreement, which is often elusive.  A representative legislature by definition gathers delegates who have their own minds, who carry with them divergent views and interests, and who cherish rights to be respected.  From my personal experience I have observed that no one in Washington is your ally or your opponent all the time.  I find that reassuring, and occasionally surprising.

This structure accommodates several things that we hold dear.  Our republic accommodates differences of opinion, or even better said, varieties of opinion.  I have rarely been in a conversation with more than two people where all were in agreement on every point raised.  I have similarly rarely been in such a conversation where I did not benefit from the interplay of ideas.  We often can reach a consensus, but it is not consensus on all things.  A republic embraces this. 

In a republic no majority mandates our tastes.  Our republic, for example, allows for an assortment of cultures.  It had to or would never have been created.  I like to bring flags to our family reunions, symbolizing our cultural heritages, from my parents’ families to those of the new in-laws as our children have married.  With preeminence for the Stars and Stripes—reminding us of the attraction of this nation—our family unity makes enjoyment of those cultural influences an enrichment, in our clothes, in our menus, in our games and sports, in our traditions.  I see that in other families.  In much the same way, the constitutional foundation of our republic fosters a commonality upon which a cornucopia of good things thrives.

A republic requires several things that we find necessary, embedded in our Constitution.  It requires freedom of religion, free speech, private property, a market economy, separation of powers, a federal system of government, among other things.  God Himself implores freedom of religion on His earth, free hearts with devotion to be freely extended to Him and expressed in love to His children.  A market economy means that we are free to exchange our time, talents, and resources with one another, without being limited to choices that only the majority favors, hence the incredible selection of goods and services, often some only favored by a few (like my argyle socks).

The Founders understood a principle of governance also articulated in scripture:

“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.” (Doctrine and Covenants 121:39)

Best to reduce the chance, especially should one profess to represent the majority of the people.  Safer, as in our federalized republic, to divide such power.  I recall Senator Phil Gramm, for whom I worked for many years, saying how frustrated he was when first elected to Congress at how little one person could accomplish in Washington.  He added that after a while that gave him great comfort.

Of I and We

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Perhaps you have been chary of letting other people speak for you.  I know that I have.  I tend to bristle when someone announces what “we” are going to do without consulting with the “I”s in the “we.”  I feel much the same when I hear someone declare what “we” think without caring to learn what I and the other components of “we” think. 

Sometimes it is necessary or unavoidable to have someone speak for me.  I think of representative government.  A Congress of 330 million people will either get nothing done, or it will devolve into rule by a dictator who has, as an effective demagogue, arranged for enough of all of us to cede to him their will.  The city states of ancient Greece experienced both failings of genuine democracy—mob rule and dictatorship—and displayed how it never worked for long.

The Romans, inhabiting a city state governed by a king, threw off their king and created a democratic republic that flourished for several hundred years.  They elected Senators to represent them.  The Romans did not like a king who spoke for them without asking, but they thrived under a system of Senators who spoke for them, but only after obtaining the Romans’ permission.  That worked for centuries until the process of gaining permission—elections—became corrupted.  The Senators concurrently became corrupted, unwilling to face blame for making decisions.  The democratic republic was replaced by a government of emperors and Caesars.  Rome afterwards oscillated between civil strife and dictatorship on the way to collapse and invasion.

In the years following 1776 we, as a people of free individuals, united to shake off our king who claimed the privilege of referring to himself as “We” when speaking.  In 1787 “We the People,” through our chosen representatives, also established a democratic republic.  That followed the formation of democratic republics in each State.  Both sides in the debate to ratify the new Constitution emphasized keeping representatives tied closely to the represented.  Skeptics wondered whether that would actually happen or long endure if it did.

Individual people, representatives and represented, are imperfect, as the Founders understood.  We each prize our individuality and the liberty to live it.  We each can also be tempted to exert our will over others.  Consider the occasional neighborhood “WE BELIEVE” yard signs.  Are these an expression of personal faith or a declaration that you and I ought to consider ourselves included in the “WE”?  I wonder about the latter when I see decrees by federal officials, state governors, and local mayors extending government force to the seemingly anodyne slogans ornamenting the signs.  The man who today sits in the oval office, who would not dare to call himself a czar, has appointed a man (previously rejected by a national election) to be the nation’s “Climate Czar.”

We are scheduled to reach 250 years of our democratic republic when the 17-year cicadas next return.  Will they emerge in a nation still governed by “We the People”?  Or might they come out of the ground where the voices of the I’s have been subsumed by other Czars who announce what We think, do, and say?  Creeping political correctness, which has been chastising free speech for decades, telling us what not to say, has lately become enforced by governments, workplaces, media, and schools.  As the prophet Isaiah warned, a man is made “an offender for a word” (Isaiah 29:21).

By the way, the titles “Czar” and “Kaiser” are derivatives of the Latin title “Caesar.”

Of Firearms and American Democracy

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A commentator on a Washington-D.C. area Spanish-language radio station was declaiming at unusual length against private gun ownership. What caught my attention that morning was his expression of wonder at the deep and widespread interest of people in the United States in owning firearms. He could not understand or explain it. He was lost. The interest in private gun ownership was a new cultural phenomenon to him.

No doubt it was, but he was correct to identify the passion for gun ownership as an element of the cultural life of the United States that is not only deep, but deep-rooted. Those roots go back to the very founding of North America by the first colonists, reinforced by subsequent waves of immigrants. The very first North American colonists had guns, as essential to survival as seeds and shovels. As Germans joined the English, the Scots, and the Dutch in the new land, followed by Irish, Swedes, Italians and others, guns traveled with the pioneers west.

Western European society invented common firearms and spread them among the commoners. By means of firearms the commoners won their new land. With their firearms those commoners also won their freedom from the lords and ladies who could no longer control the armed rabble, particularly in the English colonies, and particularly in the colonies that became the United States. Guns in the United States have been instruments of survival, physical and political.

What the kings and nobles of Europe could not know was that there is something powerfully democratizing in gun possession. Firearms ended the reign of the mounted knight and made it hard for kings and emperors to keep their thrones. No aristocrat in any palace was invulnerable to the meanest peasant armed with musket and ball. Guns have been an historically powerful equalizer and defense against tyranny and pillagers.

That democratizing process worked further and faster in America, where courage and a gun could tame a wilderness and provide freedom for the family. Far from the reach of government, and unanswerable for the pretended protection of the manor house, the typical American could take immediate responsibility for himself and his own security and that of his wife and children, backed up by the very real ability to assert that security. No one seems to know the origin of the proverb, “God created men, but Sam Colt made them equal,” but the armed nation builders of the American West understood and believed it.

That is to say that, in the United States at least, people have not needed government, and especially government protection, all that much. Gun ownership has always been at the core of American independence and democracy, essential from the founding up into modern times. It is a symbol of American freedom, but more than that, ownership of firearms is a tangible expression of the independence and self-reliance that are at the core of American citizenship, a culture of freedom sometimes new to people hailing from other parts of the world. It is not accidental that not only the right to keep firearms but the active right to bear them is recognized in our Constitution as fundamental, alongside freedom of expression, free exercise of religion, the protection of private property, trial by jury, and other cornerstones of our liberty.

As the dangerous frontiers of violence encroach again on families beyond the timely protection of law enforcement, that innate American self-reliance is reenergized, and well it should be. The examples of people saved by their guns from robbery, murder, and worse, are legion if little noted by the establishment media reporting from their armed security zones. In the face of increased violent criminal activity—whether from terrorists or thugs—why does it make sense to weaken the defenses of law abiding citizens? Why would the government of a free people impose regulations to expose those who live peacefully to the barbarous cruelty of those who consider a regulation no barrier to preying upon the disarmed? I do not understand it. As an American, I do not understand it at all.

Of Minorities and Society

The saddest chapters of history chronicle the breakdown of human society. Rights are abused, the innocent—if innocence is allowed to exist—are trampled. Poverty, hatred, violence, and uncontrolled human passion prevail. Destruction and degradation, physical and moral, replace human progress.

All society, except that of master to slave, relies upon an element of free association. Societies may have more or less elements of coercion as well, but it is the element of free association that allows the society to continue, that motivates its members to acquiesce in or even encourage the society’s continuation. Free, voluntary association is what gives a society its legitimacy. Without it, there is no society, just a group of people ruled by one coterie of thugs or another.

Cooperation in society cannot be taken for granted. When it is, when free cooperation, instead of being nurtured and encouraged, is replaced by coercive rules and compulsion, particularly rules and compulsion designed to benefit some at the expense of others, society declines, people interact more by will of others than by their own volition. With time either the situation is redressed or the society disintegrates, often to be conquered from the outside when its internal strength has turned to weakness.

In its latter years imperial China was prey to numerous foreign incursions because its society was a mighty empty shell, old traditions surrounding an empire of competing warlords. Ancient Greece, which twice when united proved too much for the Persian empire, became relatively easy prey to the Romans after the ties of Greek society had become tired and weak. Rome, in its turn, after a thousand years, was enormously wealthy but mightily weak in the internal strength to repel the roaming barbarians, vibrant societies powerful in their own internal cohesion. Much of Africa, Asia, and Latin America today remains mired in poverty from the inability of relatively young countries to develop cooperative societies that encourage the generation of wealth and its application to promote prosperity for the present and for the future.

With cooperation at the core of successful society, one would think that democracies must be the most successful. History records otherwise. There are no historical examples of a successful democracy, at least not one that lasted for long enough to matter. Like a match set to paper, democracies flare up brightly into power and glory but all too soon die away to ashes.

The problem with democracies has been that all too quickly the majority in the democracy learns that it can become wealthy by robbing the minority, under camouflage of statutes and government. That only lasts until either the minority successfully rebels, becomes a majority in its turn, or the wealth of the minority is exhausted. In reaction, the majority may seek to preserve its advantages by yielding to a dictator—a “mouth” for the majority—to govern in the name of the majority to discern and express its will. Few of these dictators have resisted the temptation to wear the mask of the majority to govern for the benefit of themselves and their cronies. That has been the case for every communist government, without exception.

But, is it not right and just for the majority to prevail? Perhaps, but to prevail over what? Everything? Consider: if majority rule is applied to deprive the minority of life, liberty, and the pursuit of happiness, why should the minority cooperate? All that such society offers them is slavery, unrequited labor and service to fill another’s belly and pockets. In a pure democracy, there is no check on majority avarice, no refuge for the minority. The majority must always have its way.

Republics, however, are built upon a foundation of minority rights. Republican governments are granted only limited powers, exercised by representatives of the people, within boundaries beyond which the government may not go. A written constitution serves to enshrine and strengthen those rights against violation by the majority. The system gives a stake to all—not just the current rulers—in the continuation and strengthening of the society. No democracy, hereditary monarchy, or dictatorship can provide that.

In a nation as great and diverse as the United States everyone is part of a minority. Whether we consider age, ethnic background, religion, geography, culture, profession, or a multitude of other distinctions, we are a host of minorities. We can only come together and remain as a nation, strong and vibrant, if we are confident of protection in our minority rights, for protecting minority rights in America means protecting everyone’s rights. That is why the Founders proposed and the nation embraced a Republic formed on a federal structure of divided and limited government.

In that context, what are we to make of the current direction of American society? Are we preserving the Republic? Does our society feel like it is coming together? Recent public opinion polls find that more than 60% of Americans believe the nation to be going in the wrong direction. In another poll, a mere 22% believe that the current government rules with the consent of the governed.

What is the national political leadership doing about this? We have a President who aggressively pursues a variety of programs that have in common the taking of wealth from one minority segment of the nation to reward others. These wealth transfers are lionized for the undenied purpose of political and electoral advantage for the President and his supporters.

You will recognize the pattern. A crisis is discovered by the President, and an industry or group is demonized in public speeches and echoed in the establishment media as causing the problem and/or standing in the way of its solution. A plan is announced that involves confiscations from the demonized industry or group to fund benefices bestowed on Administration favorites.

Consider a few examples of many. Global warming is hailed as an imminent crisis with disastrous consequences; the coal, oil, and gas industries are identified as the foes of progress; and a variety of taxes and other restrictive policies are proposed, together with planned subsidies for businesses and companies favored by the White House. Banks are declared to be the nefarious forces behind the recent recession, new laws and regulations are applied that confiscate billions of dollars from the industry, much of which is then channeled to hedge funds and other political allies of the administration. Some millions of people are discovered to be without health insurance, doctors and the health insurance industry—among others—are fingered as being at the root of the problem, so a major overhaul of the entire structure of the health system is enacted that favors some at the expense of others. Administration cronies receive lucrative contracts to develop and administer the new system. There are many other examples, large and small, in education, welfare, housing, transportation, law enforcement, and many other government programs.

Is there any wonder that there is gridlock in the national government, when policy after policy is aimed at transferring wealth from some to reward others? Where is the room for cooperation and compromise, when the issue is how much of your family’s wealth is to be taken and given to someone else? The Roman Republic fell into gridlock after decades of appeals to mass acclaim for schemes of popular distribution of public plunder. It ended in the triumph of the Caesars, and later their eventual fall to the barbarians. It is perilous to abuse social comity.

President Obama has announced the transfer of wealth to be the chief focus for the remaining three years of his administration. Can our society weather that?

Of Democracies and Demagogues

The demagogue has ever been the bane of democracies. By definition, democracies rest upon the choices of the people. When wisdom guides, democracies prosper. As history shows, wisdom does not always prevail, and it never does when demagogues do. Since the demagogue seeks his own power by taking power from others, once the people give him their voice they will be hard-pressed to get their power back; the democracy deteriorates into dictatorship, invoked in the name but never the reality of the rights of the people.

Why would a free people yield their power to the tyranny of the demagogue? It is not reasonable to place your own hands and feet in fetters. In every successful democracy there is a balance between reason and emotion. Rather than advise wisdom, demagogues appeal to the basest popular emotions to overcome reason. American Founder, James Madison, drawing lessons from the best known democracy of history, the democracy of Athens, warned Americans of the danger:

In all very numerous assemblies, of whatever characters composed, passion never fails to wrest the scepter from reason. Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.
(James Madison, Federalist no. 55, as quoted in John Samples, “James Madison’s Vision of Liberty,” Cato Policy Report, Vol.XXIII No.2, March/April 2001, p.12)

Madison recognized that in groups fiery emotion can make for a more persuasive pitch than cooler reason can. He recommended the Constitution as a defense against demagogues, a structure of fundamental limitations on government and against those who would seek to govern by preying upon the passions of the people. The formula has worked and the Constitution has held—against many trials, including a Civil War—for more than 200 years.

The typical demagogue is a forceful speaker who seeks power by stirring up the people, whom he sees as masses to be manipulated and managed rather than as a body politic of reasonable individuals. It does not particularly matter which emotions are invoked against reason; the most successful demagogues draw upon a variety. Perhaps the emotion most powerful to the ends of the demagogue is fear, but he will also use hatred, avarice, envy, sorrow, vanity, vengeance, vainglory, among others. He will even try to invoke love, though love is hard to make compatible with the demagogue’s message of contention, but it can be used to garner sympathy and to get people to let down their guard against an appeal to baser emotions.

Are Americans and the American constitutional democracy perpetually proof against the demagoguery that has destroyed democracies before? The Founders did not think so. A popular watch phrase among them was, “eternal vigilance is the price we pay for liberty”. They were referring more to internal dangers than dangers from foreign enemies.

How do we keep watch on the threshold of the 21st Century? Here are ten tests to help unmask the demagogue:

• He gives powerful, emotional speeches, as public speaking is one of his most powerful tools. “Facts” will usually play a minor role in the speech, and when used will often either be half-truths or outright lies, sometimes very big lies with passionate appeal.

• As discussed, emotion rather than reason predominates in his arguments, with fear the most prevalent emotion.

• He conjures up apocalyptic dangers and manipulates crises (and creates them when none are readily available). The sky seems to be always about to fall.

• Riding on the wave of crisis, he will offer sweeping “action plans” that would cede to him major powers and authorities and push aside sources of opposition. “Forward” is the frequent cry shouted to drown out objections, “the debate is over.” (In a real democracy, can the debate ever be “over”?)

• He dishonors the Constitution and violates it without regret; the Constitution and demagoguery are incompatible. Neither can survive while the other prospers, to paraphrase J.K. Rowling’s Harry Potter formula for her fictional demagogue.

• He accuses others of employing his own despicable tactics. In order to create fog and camouflage, and blunt criticism of his own actions, the demagogue will often claim opponents are lying, fomenting contention, engaging in petty partisanship, and so on, all the while employing those tactics himself. Note that the accusations will usually employ an appeal to sentiment.

• He points to enemies of the people, enemies that his plans will vanquish. These enemies are usually chosen to evoke emotion, such as “big business” to foster fear, “the rich” to stir envy, race or ethnic divisions to feed hate.

• He calls for unity while proposing plans that divide the nation, opponents of his plans being cast as those who would seek to divide a nation that would be unified by agreeing with him. Issues are chosen that find and feed emotional fissures in public opinion. Most effective, the demagogue will propose to take something of value from a group in a minority and “share” it with the group whose favor he seeks, such as targeted taxes or confiscations to provide some popular benefit.

• Following on that point, he develops classes of supporters dependent upon what he promises to give them from the government, benefits that will need his continued care to be sustained. That is what lies at the core of the difficulty in fixing problems with welfare, Medicare, and Social Security, and why the demagogues have a field day when anyone offers reasonable proposals to deal with these very real issues.

• He hates a free and independent press that raises objections of fact and evidence to challenge the emotional appeal, but he loves an obliging press that magnifies his message and drowns out dissident appeals to reason.

It is not hard to recognize demagogues among us today appealing for ascendancy. Democracy in our day demands that we retain our freedom and that we do not yield. More than our freedom is in the balance, but our freedom is in the balance.

(First published August 12, 2012)