Understanding Our Constitution: #1 - It Did Not Create a Democracy

"Democracy is worth dying for, because it's the most deeply honorable form of government ever devised by man," Ronald Reagan said on the 40th anniversary of D-Day.  This sentiment is American canon.  But it was not to Elbridge Gerry of Massachusetts who, at the Constitutional Convention, intoned that "the evils we experience flow from the excess of democracy."   It would have surprised John Adams as well, who said in 1814 that "democracy never lasts long. It soon wastes, exhausts, and murders itself."

How did we get from then to now, and what does that historical journey say?

In Federalist 10, defending the Constitution during the ratification debates, James Madison argued that “[D]emocracies have ever been spectacles of turbulence and contention . . . and have in general been as short in their lives as they have been violent in their deaths."  His chief objection was their proneness to demagogues and "factions," who would push for their own self-interests at the expense of the "aggregate interests of the community." This is what many at the Federal Convention saw in state governments - and why sought a national government that could rein in the democratic abuses of what they called "mob rule."

Their solution was republican government - rule by representatives, not the people themselves.  As Madison put it, this would allow the government to "refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations."

Who would elect that chosen body?  Members of the House would be elected by voters, who at the founding were essentially white men of property.   That's all the "mob" was allowed to do.  Senators would be elected by state legislatures, who would also control the selection of electors for president.  To bolster the independence of Congress from the people and the states, the Constitution gave members longer terms than were typical in state legislatures, rejected term limits, and paid them from the federal (versus state) treasury.

To the dismay of the "gentlemen" of the founding generation, the egalitarian passion released by the revolution did not put up with anti-democratic measures for long.  The franchise would be expanded to all adult citizens at least 18 years old, and Senators are now chosen directly by voters, who also choose electors for president. 

In short, we have the democracy the founders feared.  Mostly, that's a very good thing.  The racism, sexism, and elitism of the founding generation is continuing to be driven from American life and governance. 

But that does not eliminate the concern about democracy's dangers.  Demagogues can still sway passions against the nation's long-term interests, and elected officials can ignore their role in containing those passions.  Addressing these threats requires balancing democracy with responsibility- both by voters and their delegates in government.  

This need is highlighted by the candidacy of Michael Allman, who ran but recently lost his primary race in California's 52nd district.  Allman promised constituents, tired of partisanship and lobbyists, that he would cast votes based on what they tell him to do in a secure, block-chain enabled website.  He would not filter their views but be a messenger, transferring the numerical conclusion from his district software to the voting software on his desk in Congress. 

Allman's proposal would have left his district subject to the pressures of unrestrained liberty: demagogic appeals to passion and massive spending by special interests to sway voters.  It would have left him no task save tallying votes on his website, forgetting he also needed to represent those  too young, old, ill, poor, mentally incapacitated, or technically unable to log on.  At the same time, it demanded little of citizens, their passions uncontrolled by demands for thoughtfulness, civic virtue or compromise. Perhaps Allman should have considered a similar proposal by Representative Thomas Tudor Tucker, in the very first Congress in 1789. Tucker's plan to amend the Constitution to allow citizens to "instruct" their congressmen how to vote never passed.  Members considered it a violation of their Oath of Office. 

Recent years have witnessed many calls for more direct democracy: binding referrenda, national voting on legislation, and direct election of the president (without the Electoral College).  But as democracy has gained ground, its passions can threaten to break free from reason and compromise. Democracy is, as Reagan said, a "deeply honorable form of government." Yet, the Constitution did not create and was wary of it.   We should understand why - and use appropriate safeguards.

Photo Credit: Matthew