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Adam Harper's avatar

Dig the house metaphor, since talking about “democracy” in the abstract can feel vacuous. It also reminds us that, as anyone who’s tried to fix up a house or a car knows, renovation means trial and failure. The point isn’t to get it right the first time but to have a bias towards action. More is gained from the effort to struggle with and master the brute reality of things, like a leaky roof, than from endless preparation. Humans are pretty good at coming up with fixes. After a couple of tries, chances are the roof will at least be a little less leaky; a less leaky roof is better than no roof at all!

Jack Jordan's avatar

As much as anyone, I appreciate the appeal of allusions to democracy. Democracy has ancient roots, and many say democracy is what we have and what we should want. But is it? Is it what we have? Is it what we should want? Athenian democracy highlights how democracy can be (and even how it was in our own history) far too tyrannical and oppressive to be something we should want, and it isn't what we have. The Golden Age of Greece was the Athenian democracy. But Athens didn't allow women to vote and it relied to a great extent on slavery. See, e.g., https://www.history.com/articles/ancient-greece-democracy and

https://greekreporter.com/2025/07/16/rights-role-slaves-ancient-athens-greece/. As John Stuart Mill highlighted in "On Liberty" in 1859 (when democracy in the U.S. supported slavery more harsh than in Athens), democracy easily can mean nothing better than "the tyranny of the majority."

Article IV of our Constitution emphasizes that the U.S. and states have a "Republican Form of Government." James Madison was the best I've seen at explaining what we actually have and why. Madison truly earned the titles the people bestowed on him of Father of the Constitution and Father of the Bill of Rights. In Federalist No. 51, to help persuade Americans to ratify our Constitution, Madison clarified how and why power was arranged and allocated the way it was in our Constitution:

"In the compound republic of America," the supreme power is in the sovereign people and only "the [portions of] power surrendered [vested] by the people is first divided between two distinct governments [national and state (aka, “federalism”], and then the portion allotted to each subdivided among distinct and separate departments [legislative, executive and judicial (aka “separation of powers”)]. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself."

"In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige [government] to control itself. A dependence on the people [e.g. via elections and the freedom of speech and press] is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of [ensuring] opposite and rival interests [by constitutional] distributions of power [has a profoundly important purpose:] the constant aim is to divide and arrange the [power of various] offices in such a manner as that each may be a check on the other that the private interest of every [public servant] may be a sentinel over the public rights."

When Madison presented to the First Congress on June 8, 1789, his proposals on how to improve on our original Constitution, he highlighted crucial truths about the power of the people, as well as how all power was limited and restrained by our Constitution.

First, Madison expressed explicitly the most important principle implicit in our Constitution--the sovereignty of the people. Such sovereignty already was implicit in the words and structure of the Constitution, including its first words ("We the People" do "ordain and establish this Constitution" to "establish Justice" and "secure the Blessings of Liberty to ourselves") and the first sentence of Articles I, II and III (emphasizing that the People, themselves, "vested" power (and only limited power) in particular public servants).

To further clarify and cement the sovereignty of the people (and to better safeguard against abuses of power by any of our public servants), Madison recommended a renovation: "First. That there be prefixed to the constitution a declaration" of three aspects of the sovereignty of the people and the limitations of power of all public servants. Madison implicitly invoked paragraph 2 of the Declaration of Independence and he expressly revealed how our Declaration's principles permeate our Constitution:

"That all power is originally vested in and consequently derived from the people.

That government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.

That the people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution."

Second, Madison acknowledged that "all power is subject to abuse," and "it is possible the abuse of the powers of the general [federal] government may be guarded against in a more secure manner than is now done." “The people of many states, have thought it necessary to raise barriers against power in all forms and departments of government" and "once bills of rights are established in all the states as well as the federal constitution, we shall find” that “they will have a salutary tendency.”

Crucially, Madison emphasized that “whatever may be [the] form which the several states have adopted in making declarations in favor of particular rights” (and whatever form our Bill of Rights takes) “the great object in view is to limit and qualify the powers of government, by excepting out of the grant of power those cases in which the government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative,” (sometimes against the judicial branch) “and, in some cases, against the community itself; or, in other words, against the majority [of the people to protect the rights of some] minority.” Madison emphasized that “in a government” such as was constituted by our Constitution, “the great danger lies” in “the abuse of the community” even more “than in the legislative body. The prescriptions in favor of liberty, ought to be levelled against that quarter where the greatest danger lies, namely, that which possesses the highest prerogative of power: But this [is] not found in either the executive or legislative departments of government, but in the body of the people, operating by the majority against the minority.”

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