By Carl Weinschenk
Despite what some say and/or believe, although a republic and a democracy are different, they are not mutually exclusive, and ideally can, and should be able to coexist! The US Constitution refers to this nation as a republic, which refers to how a government is structured. Basically, it means the Founders wanted the new nation to be ruled by elected representatives, rather than a monarch, to a large degree because they lived under a monarchy, and realized the actual and potential limitations and ramifications of royal leadership in-charge! The ordinary understanding of what a democracy is, refers to dictating who supposedly holds the actual power (ideally, the populace).
Often, many oversimplify (often conveniently to fit their preferred narratives), and rather than discussing how a representative democracy should function, cite direct democracy, which almost-never results in a larger-scale scenario)! A Direct Democracy, therefore, is when citizens vote directly on policies themselves, without intermediaries, and majority always rules. However, in reality, how could any larger nation adequately function in a timely manner, proceeding as-such? On the other hand, a Representative Democracy uses a system where people elect representatives to make and enforce laws, and govern on their behalf. The United States, and India, for example, are examples of nations using (or seeking to use) this representative model and approach.
Some of the primary similarities and differences include: The Focus/ Emphasis: The term, democracy broadly refers to the supposed source of political power, in this case, the people! References to a Republic refers specifically describes the supposed, theoretical structure of government, where the political system is considered one where the nation and its citizens/peoples are governed by the rule-of-law, and in the USA’s case, a Constitution, etc., rather than a monarchy where power is derived from inherited royal blood-lines, etc.
Rights: When a republic is bound, as it generally should be, by some sort of charter and/or Constitution, it seeks to put legal limits and laws on the majority’s power, in order to theoretically-ensure that minority rights are protected, accordingly. In the USA’s case, the Founders hoped the Constitution would ensure and protect/preserve this by having stated checks and balances, creating a Balance of Power, and specific authorities and limitations split amongst the 3 branches of the Federal government (Executive, Legislative, Judiciary). Many historians and Constitutional experts believe this was done to minimize the potential for mob rule and violations of rights and freedoms!
This essay is by Richard Brody. It originally appeared in Medium. Click here to read the original and here to read other posts by Brody.
In most cases, modern nations usually considered and thought of as being democracies are in-fact, some sort of constitutional republics! In theory, political power comes from citizens via free and fair elections, while governing is handled by elected officials, supposedly constrained by a constitution, charter, or similar official documents, etc.
When some today, including several of the current Supreme Court Justices, refer to themselves and claim to be Constitutional Originalists, but since the times 250-years ago, and today, were far-different, and often, this so-called originalism seems to be little more than some hypocritical double standard, used to justify their often-questionable decisions, rulings, and especially, those controversial cases ruled and decided using the so-called, Closet Docket! Theoretically, the Judiciary supposedly seeks to examine laws and actions, in terms of their legality and conformity with our rule-of-law and Constitution, but too often, especially in the past decade, SCOTUS has demonstrated it is anything-but Supreme, and does not adequately perform its function, as fair and independent auditors and interpreters of the law!
Isn’t it revealing, for example, many of those who demand their so-called 2nd Amendment Rights, proclaiming it grants them near-total gun rights (using a selective reading, rather than the entire one which puts it into context and somewhat-explains the reasoning and rationale), and often complains anything they don’t like is a violation of what they call their 1st Amendment Rights, often seem unconcerned when they violate other people’s Constitutional rights and freedoms. The US Constitution must be interpreted and applied in its entirety, protecting all protected rights, and not selectively?!
The original Constitution excluded anything related to women’s rights, yet today, although women are over half of the US Constitution, this nation has never ratified the ERA Amendment, granting significant equal rights protections, and this SCOTUS has apparently gutted stated law protections such as Roe v Wade, creating a scenario where today’s generation of women, for the first time in our nation’s history, have fewer rights than their grandmothers did! In fact, not until the earlier part of the 20th Century, did women achieve the right-to-vote! It took the American Civil War to free the slaves, yet true Civil Rights protections were not ratified in its initial state, until the middle of the 1960’s, and even-then, today, there are still many irregularities. So, when an originalist states nothing was said about women’s rights, and seem ready, willing and able to gut the Voting Rights Act, the degree of hypocrisy and injustice, as well as probable legalized bias and prejudice, again rears-its ugly head!
Clearly, although Americans often prefer to believe, perceive and think-of the USA as a beacon of democracy, we were actually late-to-the game in terms of granting full freedoms to those of different ethnicities and races, as well as in terms of women’s rights.
We live in dangerous, concerning times, when the current US Administration, under President Donald Trump, seems to constantly pushing-the-envelope, seeking expanded Executive Branch powers, and over-reaching its authority regarding spending, taxes, foreign policy, war powers, etc., and the Founders checks and balances seem to be failing-us!
Before its too late, we all must ask ourselves how important it is for the USA to be a democratic republic, and protecting and preserving all our Constitutional guarantees and freedoms/rights! There no longer is the flexibility for us to procrastinate, but rather, we must act now, get involved, consider the bigger picture, protect our environment and climate in a sustainable (instead of an immediate populist perspective), and preserve what many of us believe, despite its and their faults, was the overall focus of our Founders visions and dreams! It’s up to each of us to get wiser, be better prepared, and focus on what this nation might become, going forward into the future!
(Image: Thorne Enterprises/https://www.flickr.com/photos/thorne-enterprises/498309798)