The Dolhenty
Report
A Commentary on the
Human Condition
by Dr. Jonathan Dolhenty
December 1, 2000
The
"Will of the People"? I Think
Not!
Al Gore and his cohorts have made some
interesting "pitches" recently in the
hotly-contested Florida election fiasco. One of
them is the appeal that it is the "will of the
people" that needs to be the criterion that
determines the outcome of the presidential
election. Another is the proposition that every
vote must be counted even if takes a psychic to
determine the voter's "intent," or something called
"democracy" will suffer as a result. I have a few
comments about both of these concepts.
First, it is not the "will of the people" that
is the primary criterion that should determine the
outcome of this election. Many of our Founding
Fathers were well aware of the problems associated
with this idea. If by the "will of the people" we
mean that 51 percent decides any matter and this is
taken as an absolute criterion, then it is possible
for the 51 percent to enslave the remaining 49
percent and an appeal to the "will of the people"
would justify such a phenomenon. The black
community, and a majority of that community seems
to fall prey to Gore's concept of the "will of the
people," needs to understand that it was the "will
of the people" that kept them in second-class
status for generations. It was not the "will of the
people" that eventually freed them and guaranteed
their civil rights.
Second, the term "democracy" is a very slippery
word. It can mean different things to different
people, and to different dictators and tyrants
(remember, many communist countries used the term
"democracy" in identifying their country). The
United States has never been an "unqualified" or
"pure democracy." It is a "representative
democracy" with many built-in protections against
the tyranny of the majority or, in other words,
protections from, what else?, the "will of the
people."
To be sure, the will of the people is a vital
concept in our political community. But this will
of the people is and must be restrained by the
"rule of law." And this idea, the rule of law, is
essential to our understanding of how "democracy"
works in the United States.
If we are to truly describe the government of
the United States, we must use four terms to define
it. Each of these terms and their proper definition
is essential. Each term must enjoy equal status and
no one of them should be emphasized to the
detriment of the others. Otherwise we are on the
road to tyranny, a road taken by so many other
countries yesterday and today.
The United States is a Constitutional Democratic
Federal Republic. Each of these terms is important.
The term "constitutional" means we operate under a
rule of law with well-defined political structures
and processes. The term "democracy" means we are
citizens, and not subjects, and that the government
rests on the consent of the governed and that the
"will of the people" shall prevail "as long as that
will is balanced by and influenced by and
controlled by the "rule of law" (the constitutional
provisions). The term "federal" means their is a
balance of power between a central government and
its political constituents; in the case of the
United States, between the government in
Washington, D.C. and the governments in the 50
states. The term "republic" means that the citizens
determine policies and laws through elected
officials and representatives and that no
individual has a vested right to political
office.
I submit that all four terms are equally
important in describing the government we have in
the United States. Al Gore's over-emphasis on the
concept of "democracy" to the exclusion of the
other necessary concepts is without justification.
His suggestion that our "democracy" will suffer if
every single Florida vote is not counted (including
those whose "intent" must somehow be devined) is
ridiculous. His absolute dependence on the
criterion of the "will of the people," without it
being tempered by the "rule of law," is downright
dangerous.
So, I repeat. The United States is a
Constitutional Democratic Federal Republic. Take
away one of these legs of the political stool and
the stool will tip over. I submit that it is
because of the important of each one of these legs
that the United States has been able to maintain a
relatively stable political system for over 200
years.
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