On Liberty vs. Democracy: My Comment on a Great QUORA Answer

In answer to the QUORA question “What makes the U.S. Constitution undemocratic?,” Jerry Adler posted a great answer, concluding with:

[The movement to try to change the foundations of our Government to be more democratic] scares me more than anything else has in my entire life and I’ve been shot, stabbed, ran into burning buildings and beat cancer three times. I will fight this entire movement with everything I have because history shows us the Majority is never kind, nice, or even right.

You can read his whole answer here. The only quibble I have with Adler’s answer is with his statement that “while it has democratic elements, because the people need a voice, it was never meant to be a government chosen by the people.” It should read “chosen directly by the people.” The people do choose their Senators and President, but only through their respective state legislators, who themselves are elected. This places a firewall between the people and the Executive and Senatorial Congressional branches of the federal government by keeping the state governments “in the loop.” This procedure is part of the checks and balances of governmental power.

I posted this supporting comment:

Great answer! Thanks

The question points to a crucial philosophical conflict that has been raging for 200 years. The final outcome of this battle will ultimately determine the future of America as a free country. Constitutional and legal scholar Timothy Sandefur takes on this divide in his book, The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty. In this book, Sandefur answers the question “Is liberty or democracy the primary constitutional value?”:

“At a time when Americans are increasingly facing violations of their civil liberties, Timothy Sandefur's insightful new book explains why the Declaration of Independence, with its doctrines on the primacy of liberty, the natural rights of man, and the limits on legitimate government, should serve as the guidepost for understanding the Constitution. The author takes the reader through the ideas of substantive due process and judicial activism and defends them from mainstream criticisms while drawing on examples from literature, television, and Supreme Court cases. The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty argues that modern legal doctrines, which value democracy over liberty, are endangering individual rights and corrupting our civic institutions.”

Related Reading:

QUORA: ‘Why does the Electoral College of the United States of America exist?’

In the Name of Science, Preet Bharara and Christine Todd Whitman attack America’s Checks and Balances.

Voting Rights are Not the ‘Most Fundamental Right’—or Even a Fundamental Right