Democracy Sucks
Jun 03 2008, 15:34 EDT [updated Jun 03 2008, 16:00 EDT]
Democracies suck and fortunately none of us live in one. In fact none of us have even participated in a total democracy in any aspect of our lives. Not in family, or work, or sports, or anything. We hold votes for lots of things but that isn't the same at all. Direct democracies are so undesirable that they don't exist.

The HBO series John Adams did a good job explaining the Founding Father's dislike of mob rule (HBO cheated for dramatic purposes by inventing that tar and feather scene). The US ended up with a Constitutional Republic because the founders were afraid of the mob, that is, direct democracy.

We do vote on things. You can have the kids vote on where to go for vacaction but as an estoppel "The Moon" loses even if it wins the popular vote. We allow votes only when there is a backstop that puts certain things out of limits. Or as Jonah Goldberg likes to say, a democracy is where 50% of the people can vote to piss in your cornflakes. Democracy is undesirable for that reason.

The backstops vary by organization. Families have Mom & Dad, businesses have a corporate board, the US government has a written constitution, and bowling leagues have USBC (United States Bowling Congress) certification.

Groups with an insufficient backstop die and the looser their bonds the quicker a bad implementation leads to death. Businesses are notoriously fragile; because they have competition any bone-headed idea pursued vigorously enough can kill them. Families are long lived but fickle; the pater familias changes every 30 years so[1] and there is an occasional falling out where one group of cousins and in-laws stops talking to everybody else and is happier for it. Nations are longer lived than families because leaving is tougher than just not going to summer reunions. Splitting a family can be accomplished with a sternly worded letter but splitting a nation requires 10%[2] of the population and lots of guns.

Nations are long lived but the more Democratic ones do fall more quickly because sooner or later someone puts "pissing in the other guy's cornflakes" up for a vote - and wins. The United States has had a good run because it was a Republic (and not a Democracy) and because it had a written constitution as a backstop. I use the past tense because the constitution hasn't been a backstop since WWII. It still serves a prime role in shaping public opinion but sooner or later we will come up to a "cornflake" vote, and 'flakers will win.

There was a recent time (recent as in my grandparents were alive) when the US "backstop" - the constitution - was taken seriously enough that when people wanted it changed they voted on changing it. In my grandmother's life[3] (born 1903) the following notable amendments were passed:

  • The 16th Amendment which allowed income taxes. Imagine that a government had to get popular support to tax people, for fuck's sake.
  • The 18th Amendment also known as Prohibition. A disastrous flaunt with nanny-ism.
  • The 10th Amendment which gave women the right to vote[4]
  • The famous[5] 21st amendment that repealed Prohibition. Nuff said.
  • The 17th Amendment. Ugh. Saved for last, this is the amendment that made the Senate democratically elected instead of appointed by the States. Predictably Senators went from promoting their State's backstop interests to promoting their State's crass (cash) interests. We live with this system today.
Since my birth (1974 rules!) no amendments have been passed (and please, don't pretend that the 27th amendment counts). The written constitution still holds sway over voters but it doesn't exist as a backstop anymore. Less than two generations ago the voting population felt they needed to change the constitution in order to ban alcohol. But now the FDA gets to do whatever the heck it wants. In 2005 the US Supreme court ruled in Raich that the federal government could regulate pot[6] everywhere because of its power to regulate interstate commerce. The majority opinion held that the woman growing pot in her backyard for her own consumption was interfering with interstate commerce by not participating in the interstate commerce of the illicit drug trade - that she was changing the interstate drug prices by not participating. The scathing dissenting opinion said that if growing something in your backyard that will consumed on the spot is considered interstate commerce then everything everywhere is considered interstate commerce, and congress has no limits. If you think the pro-pot justices were the liberals you would be dead wrong (even the dissent didn't say anything about the several states regulating it - that isn't the job of the federal courts).

I enjoy the fact that the constitution is popularly enjoyed as a backstop. But the constitution hasn't been a legal backstop against the legislature in a long time. Sooner or later someone will come around to piss in your conflakes.

[1] I'm a "Son of the American Revolution" but for all I know my great-great-whatever relative who actually fought in the revolution loathed my branch of the family. Was he a Heidiger? a Gregory? a Barthold? Maybe none of the above and maybe he hated all of them. Family is fickle.
[2] A minimum of 10% of the population. If I recall correctly many communist revolutions got by with that amount. But if you ask a Southerner 10% is wholly insufficient (what was that - 30%? 40%?). What a successful revolution needs is a larger percentage of the population that is willing to die for it than that is willing to fight against it. For better or worse the American Civil War was so bloody because so many people actually cared.
[3] Obituary writers have a tough job. Jobs are kept by the people that can do them best. Obituary writers have to call the house of the family that is suffering most from a very recent loss and then - as strangers - ask questions. Therefore obituary writing is a job that is held by complete dicks. Here is me answering the phone call by the obituary journo for the Philadelphia Inquirer, inquiring about my grandmother's death:

Writer: How did she die?
Me: She was 95.
Writer: I understand, but this is a free service and we need to include the actual cause of death.
Me: *pause, remember to breathe*
Me: Old age.
Writer: I understand, but as part of the format we have to publish the medical reason.
Me: *pause, remember to not curse*
Me: Complications related to a stroke.
Writer: Thank you.
The rest was plain and rote "she is survived by:" stuff. There is a reason why they do it by phone and it has nothing to do with expediency: during that first part, if I could have jumped out of the phone and punched him in the face I would have done it.
[4] I think that women have the right to vote and the passage of the 19th amendment corrected a grave injustice. But don't ask me to approve of the result (buy me a couple drinks and I'll tell you all about it). The popular thinking on the Civil War is "I don't have to like the thing to enjoy the results." Take that and reverse it for my opinion on suffrage.
[5] The "21st Amendment" is also the name of the bar directly across from the state house in Boston. If you want to meet your legislators this is the place to be. It is also desirable just for being a decent bar.
[6] I don't care for pot, personally. It just puts me to sleep and I'd rather take three fingers of bourbon for that purpose.

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