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Saturday, December 11, 2010

The Republican Form of Government is not a Democracy

"In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature." --James Madison, Federalist No. 52, 1788

By Douglas V. Gibbs

The United States of America is not a Democracy. Members of the Democrat Party, as well as many members of the Republican Party (including some well known Conservatives) continuously refer to this nation as a Democracy. In the Pledge of Allegiance, we don't pledge to the Democracy for which it stands. We pledge our allegiance to the flag, "and the Republic for which it stands."

The United States Constitution does not refer to the United States as a Democracy, and in fact guarantees to every State in this Union a Republican Form of Government (Article IV, Section 4). The Founding Fathers understood that a Democracy is a transitional form of government that normally leads to anarchy, and ultimately to a tyrannical system of government led by an oligarchy (few ruling over the many).

A republic is recognized by a number of characteristics. A republic gives the people control over the government through representation. A republic divides power, and provides a number of checks and balances. The executive is legitimatized, and limited, by a constitution, and the people are given representation whose representatives are voted in through a democratic process. Notice that though we are not a democracy, as a republic we do share some of the processes with a democracy. However, in a true democracy, the popular vote decides all laws and actions by the government, which can result in a "mob rules" scenario where the rights of those that are not members of the mob can be violated.

The American Republic is governed not by a ruling mob, or by a ruling class, but by the rule of law. The rule of law, however, is not the opinions of judges (which would make this a judicial oligarchy if that were technically true) but by the pages of the United States Constitution. The federal government is granted a limitation of authorities by the States through the social contract called the Constitution. Local governments have wider powers. If the federal government desires to have more authorities than what has been granted by the Constitution, the legal method is to propose an amendment, and for 3/4 of the States to ratify it. In essence, all powers enjoyed by the federal government can only be granted by the States - meaning, to gain authority, the federal government must ask permission.

By acting in an unconstitutional manner, by passing laws not authorized by the Constitution, the federal government is seizing powers not granted to it. Health Care legislation, the financial bill, the regulatory actions against the private industry, and so forth are all unconstitutional, and therefore are powers seized by the federal government.

Last time I checked, a government seizing power is considered to be a tyranny.

The way to "take America back" is to return to the authorities granted under the Constitution, and for the federal government to relinquish the remaining powers back to the States.

In other words, return to being a republic, and move away from this drift towards becoming a democracy, and ultimately a tyrannical oligarchy. (Clue: One step in that direction would be to repeal the 17th Amendment).

-- Political Pistachio Conservative News and Commentary

Related Political Pistachio Articles:

Returning Power To Congress and the States from The Executive Branch and the Judiciary

17th Amendment Issue Matters

Minority Voice

U.S. Senate was Ruined by 17th Amendment

Constitution Solution Revolves Around State Sovereignty

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