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A Different Take on Federalism Part IV
ArticleVBlog ^ | June 1st 2020 | Rodney Dodsworth

Posted on 06/01/2020 1:22:43 AM PDT by Jacquerie

There’s an ages-old problem with republics: majoritarian tyranny. If the law is whatever the fifty percent plus one of the people or their reps determine, then the legislative body is little different in practice from the typical Florida Homeowners Association, and the nation should expect similar results. Thanks to the 17th Amendment, the Senate long ago abandoned its deliberative nature and adopted the passionate, popularly reflexive nature of the House. It is why party interests, rather than those of the nation, came to dominate congress. We see this regularly when Senator Schumer joins Speaker Pelosi in wild proposals that threaten liberty.

The Framers based their solution to the danger of majoritarianism on their assessment of human nature. Early at the federal convention, James Madison asked:

What motives are to restrain mankind? A prudent regard to the maxim that honesty is the best policy is found by experience to be as little regarded by bodies of men as by individuals. Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided. Conscience, the only remaining tie, is known to be inadequate in individuals; in large numbers, little is to expected from it.

Instead of reliance on religion, virtue, or conscience, they would depend on the realistic, admittedly ignoble, but reliable inclination of men to follow their self-interest as the path to good government.

(Excerpt) Read more at articlevblog.com ...


TOPICS: Government
KEYWORDS: federalism; senate

1 posted on 06/01/2020 1:22:43 AM PDT by Jacquerie
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