Sunday, August 15, 2010

The Will of the People

There have been a couple of recent events that are, although seemingly unrelated, both centered upon the sort of government we operate under and the inconsistent views (often based in misunderstanding and misinterpretation) some hold our form of democracy to be. First, we are not a pure democracy, but rather a representative democracy - entirely at the federal level and mostly at the state and local levels as well. We elect representatives who then make our decisions for us. It is impractical, probably impossible, for a nation of this size to make every decision via a popular vote. We elect those who we feel best represent our views and (ideally) entrust them to carry out the action we elected them to carry out. It is still the will of the people, but in a more manageable (again, ideally) form. Our views are communicated to our representatives in a number of ways, and the First Amendment guarantees our ability to do so… and then there is the ballot box.

But in some states a form of direct democracy exists. In California we have the initiative, the referendum and the recall. These are vehicles that allow the people to directly dictate law and public policy. But there is a catch: the laws must still adhere to both the state and federal constitutions. And constitutionality is determined not by the executive or legislative branches of government, but by an independent judiciary. It is part of the system of checks and balances that our founders so cleverly set in place to keep the majority from oppressing minority views, groups and positions. If the majority were to exercise its will by a simple vote, then all sorts of civil liberties that we take for granted might never have come to be. Indeed, if the will of the majority were always allowed to prevail, we would be living in a much different country than we do today.

Those two events? The overturning of California’s Proposition 8 and the proposed construction of a mosque near the site of the massacre at the World Trade Center. The word “massacre” was chosen carefully, it represents the depravity of those who perpetrated it and the senseless loss of so many innocent lives. I want to be clear that my stance regarding those who planned and executed the terrorist attacks of 9/11 is nothing short of disgust. But what could a planned mosque near the site and Prop. 8 possibly have to do with one another? Both hinge on the constitution. The United States Constitution guarantees, above all else, freedom - freedom for all and freedom from oppression. It is not a perfect system, but over time it has proven to prevail even when majority opinion would have us do otherwise. In the case of the mosque, the gut reaction is to penalize an entire religion for the acts of a few extremists operating under its name. All groups have extremists and some perpetrate heinous crimes, but to oppress the entire lot is not only unconstitutional, it is anti-American. I know this is an unpopular position when it comes to Islam, but it is true nonetheless. The proposed mosque near Ground Zero is a bad idea, unwise and even insensitive, but it cannot and should not be determined by the masses simply because it is the majority view.

California’s Prop. 8 is another even more clear-cut case of the majority limiting the rights of a singled-out minority. This time it happens to be the gay community, but it could just as easily be women, an ethnic group or lefties. And whether the court is correct in ruling against the proposition is not the point; the court is performing its role as an independent check on the majority’s right to impose its will on a minority. The case will now proceed to the US Supreme Court where the ultimate adjudication will take place – hopefully. It is quite possible that the court will side step the controversy by making a very narrow ruling that will not settle the matter. Regardless, the will of the people in this “democracy” is not now nor has it ever been the final word. Our founders were wise beyond the world as they knew it; they were acutely aware that tyranny could come from the masses just as easily as it can from an autocracy. These two issues demonstrate that our system of checks and balances is not designed to quench the thirst of the majority, but to protect the rights of all – even if exercising those rights violates common sensitivity or the majority's idea of morality. It might not be a perfect system, but so far it has mitigated a host of injustices ranging from women’s suffrage to civil rights to the rights of the disabled. The lesson here is to be careful which causes are championed under the guise of “the will of the people.” Next time the minority might include you.


~Easy said...

I always get annoyed with people who tell me that in this country the majority rules. The Founding Fathers wrote the constitution in such a way as to protect the rights of the minority.

Just a couple of notes:

1. It's not just a mosque that they want to build. It's a community center along the lines of a YMCA that will have a prayer room as a part of it. There will be a swimming pool, meeting rooms, a gym, and an auditorium. All of those things will be available for the people of NYC, not just Muslims.

2. The WTC was actually built in an area that was highly populated by Muslims long before the WTC was built. I believe that area was referred to by locals as "Little Syria".

Michael K. Althouse said...

Good points, but even if those making this decision did not understand the backlash it might create, surely they do now - it might have been a better PR move to approach it in a different way or at a different time. Regardless, these types of freedoms we all enjoy must be protected from the majority lest all of our constitution freedoms become subject to majority whim.

David said...

Some of the Americans killed in the attacks on 9-11, were Moslems, some of the NYPD and NYFD first responders were also Moslems, Of course there are many American Military Personnel of the Moslem faith, (in fact there is a Mosque inside the Pentagon)

Is it right, to tell those Moslem Americans, who lost loved ones in the 9-11 attacks that they are not welcome to worship in their own neighborhood, because they are offensive?

Is it right to tell those Moslem Americans , who arrived on fire-trucks, ambulances, and police cars, then without hesitation risked their own lives to rescue their fellow Americans, that they are now to unpleasant to play basketball at a community center?

Is it right to tell a Moslem American Veteran, that while they are good enough to fight for this country, and die for it, they are not good enough to use it?

Do we wish to tell the world that while there are Synagogues and Christian Churches in Tehran, with active congregations, that the U.S. cannot tolerate a Mosque in New York? (Or Temecula, Ca. for that matter)

If so then I ask, Who are we?

Michael K. Althouse said...

All true and I would add that the level of insensitivity that exists in this country from and towards those that are culturally established (Islam, though it has been here for a long time and is represented by large numbers is still for most intents and purposes an outlying group - not a judgement, just an observation of reality) is rampant, obvious and disgraceful. The level of affront is huge - and often intentional. Yet the mosque is the story that gets the press. And it appears as though it might actually prove beneficial as the sheer idiocy of the selective application of the constitution is starting to be noticed. Some are actually saying, "hey, wait a minute. Don't we stand up for religious freedom?" The zealots are beginning to look stupid and I say it's about time. Could it be that rational thought is being induced through embarrassing affiliations. One can only hope...

The Zombieslayer said...

Well said Mike.

I don't believe in direct democracy. Being a minority in both looks and beliefs, my Rights deserve to be protected.

To be technical, we're a Constitutional Republic, or that's what we're supposed to be. You have to protect minorities from the tyranny of the majority.

Islam is easy to hate, but they have their Right to have their churches just as much as anyone else. Yes, it's bad taste to put the mosque right there. But they should be allowed to.

I personally despise Islam's treatment of women and I'm very vocal about it. I think they're ass backwards. They offend me.

But they have the Right to build a mosque anywhere you can build a church.

As for Prop 8, I'm surprised it didn't get thrown out of court immediately. I read the California Constitution and there's a piece there that you can pretty much quote it, then throw Prop 8 out. I'm at work and don't have time to find it, but it's there if someone has the time.