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Forms of Government
There are several forms of government that are possible: Dictatorship,
Socialism, Nazism, Fascism, Democracy, Republic, Oligarchy, Monarchy, etc. When
we break them all down though, there are essentially two sides to the issue.
There is Ruler's Law and People's Law. On the extreme or Ruler's Law, we have
all of the totalitarian governments: Nazis, Fascists, Communists, etc. On the
extreme of People's Law, we have Democracy and Anarchy. Yes, I just linked those
two together. Why is that? Well, the classic example of a Democracy is "mob
rule." Here, the majority wins... no matter what. The Founders were afraid of a
Democracy and realized that the will of the people is subject to sudden changes
in opinion and needs to be moderated. They were against a Democracy, and if you
scan through the Constitution and Bill of Rights, the word never appears. The
Founders never intended to form a Democracy. Remember the Pledge of Allegiance?
It specifically says "And to the Republic for which it stands." Our country is
meant to be a Constitutional Republic! Is this all just semantics? No. There is
a distinct difference. A republic is controlled by laws and the fragile public
opinion is kept in check. That is why it is so hard to amend the Constitution.
That is why everything takes more than just a 50% vote in Congress to pass. It
is the same reason we have checks and balances. It is supposed to be hard to get
things done in Washington so that we do not do something on a whim and then
regret it.
A constitutional republic is a state where the head of state and other
officials are elected as representatives of the people and must govern according
to existing constitutional law that limits the government's power over citizens.
In a constitutional republic, executive, legislative, and judicial powers are
separated into distinct branches so that no individual or group has absolute
power and the power of the majority of the population is checked by only
allowing them to elect representatives. The fact that a constitution exists that
limits the government's power, makes the state constitutional. That the head(s)
of state and other officials are chosen by election, rather than inheriting
their positions, and that their decisions are subject to judicial review makes a
state republican.
These paragraphs from Wikipedia sum it up better than I could:
Note that the US Constitution states that the power comes from the people "We
the people..." However, some argue that unlike a
pure democracy, in a constitutional republic, citizens in the US are not
governed by the majority of the people but by the rule of law. Constitutional
Republics are a deliberate attempt to diminish the threat of
mobocracy
thereby protecting
minority
groups from the
tyranny of the majority by placing checks on the power of the majority of
the population.
Thomas Jefferson stated that majority rights cannot exist if individual
rights do not. The power of the majority of the people is checked by
limiting that power to electing representatives who govern within limits of
overarching constitutional law rather than the popular vote or government having
power to deny any
inalienable right. Moreover, the power of elected representatives is also
checked by prohibitions against any single individual having legislative,
judicial, and executive powers so that basic constitutional law is extremely
difficult to change.
John Adams
defined a constitutional republic as "a government of laws, and not of men."
The original framers of the
United States Constitution were notably cognizant of what they perceived as
a danger of majority rule in oppressing freedom and
liberty of
the individual. The framers carefully created the institutions within the
Constitution and the
United States Bill of Rights. They kept what they believed were the best
elements of majority rule. But they were mitigated by a constitution with
protections for individual liberty, a
separation of powers, and a layered federal structure.
Inalienable rights refers to a set of human rights that are not awarded by
human power, and cannot be surrendered. The
Constitution of the United States was written to protect the
inalienable rights of citizens from potential excesses of government, even
if taken by
majority rule. Inalienable rights are not granted by government, but by
nature.
Please e-mail me with any
questions or comments you may have.
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