Americans today are divided politically, ideologically, and culturally…Americans are also divided about the constitution itself.
Were the founders really against democracy? You bet. They blamed the problems in the states under the Articles of Confederation on an excess of democracy.
The fact that our Republican Constitution has democratic elements does not make it what I am calling a Democratic Constitution. The bare fact that a particular form of government has elected legislators or an elected president does not by itself tell us whether it is a democracy or a republic. Representative government is consistent with both conceptions of popular sovereignty.
Under a Democratic Constitution, the only individual rights that are legally enforceable are a product of majoritarian will…So under a Democratic Constitution, first comes government and then comes rights.
At its core, this debate is about the meaning of the first three words of the constitution: "We the People." Those who favor the Democratic Constitution view "We the People" as a group, as a body, as a collective entity. Those who favor the Republican Constitution view "We the People" as individuals. This choice of visions has enormous real-world consequences.
A Democratic Constitution is a living constitution whose meaning evolves to align with contemporary popular desires, so that today's majority is not bound by what is called "the dead hand of the past." The will of yesterday's majority cannot override the will of the majority today.
A Republican Constitution views sovereignty as residing in the people as individuals. If one views the views of We the People as a collection of individuals, a completely different constitutional picture emerges.
A Republican Constitution views the natural and inalienable rights of these joint and equal sovereign individuals as preceding the formation of governments, so first comes rights and then comes government.
Under a Republican Constitution, to ensure that these servants remain within their just powers, this lawmaking power itself must be limited by law. The Republican constitution then provides the law that governs those who govern us and it is put in writing so it can be enforced against the servants of the people, each of whom must swear a solemn oath to obey "this constitution."…In short, under a republican Constitution, the meaning of the written constitution must remain the same until it is properly changed - which is another way of saying that the written constitution must be interpreted according to its original meaning until it is properly amended.
It is important to recognize that the Democratic and Republican views of popular sovereignty and We the People are ultimately incompatible.
“Americans today are divided politically, ideologically, and culturally … Americans are also divided about the constitution itself.”
“At its core, this debate is about the meaning of the first three words of the constitution: "We the People." Those who favor the Democratic Constitution view "We the People" as a group, as a body, as a collective entity. Those who favor the Republican Constitution view "We the People" as individuals. This choice of visions has enormous real-world consequences.”
Americans today are divided politically, ideologically, and culturally…Americans are also divided about the constitution itself.