A Republic or a Democracy?

Is the Senate democratic? Is the filibuster evil? Is the United States a republic or a democracy?

A week ago, the Opinionator rounded up a spate of commentary on the Senate’s makeup and its rules, principally the filibuster, occasioned by the fight over health-care reform.

One of the commentators quoted liberally in “Senate, Heal Thyself” was The New Yorker’s Hendrik Hertzberg, who this week has been using his own blog at The New Yorker to respond to some of the comments Times readers made on the Opinionator’s post. Got that?

To take the issue of the filibuster first. Hertzberg notes this among several comments from Times readers:

I never heard the left leaning publications like Mother Jones or The New Yorker complaining about the filibuster when the left was using it as the minority party in the Senate.

And responds: “I don’t know about other left-leaners, but this one has always been against the filibuster—no matter who was in power,” citing a few of his “fist-pounding denunciations” from the magazine, including one from 2005 in which he implored the Democrats to “get rid of it” when they regained the majority in the Senate.

Read the rest of Hertzberg’s post on the filibuster.

Hertzberg devotes a second post to the other issue — whether the Senate is a democratic institution.

“Of course the Senate is undemocratic,” said a Times reader, “we live in a republic not a democracy.”

To the contrary, argues Hertzberg. The “republic not a democracy” notion is a “misapprehension,” he says, offering this passage from “America’s Constitution: A Biography” by Akhil Reed Amar:

Well-educated twenty-first-century Americans have been taught that the Constitution established a “republican” form of government in emphatic contradistinction to a “democratic” one; that the framing generation invariably associated a republic with the idea of a filtered, representative government, as opposed to more direct modes of popular participation; and that the Founders loathed the label and reality of direct democracy. All these well-learned lessons need to be unlearned if we are to understand the constitution.

There’s much more from Hertzberg on this issue here.

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MEDICARE FROM BIRTH TO DEATH
There is no need to establish a new government authority to handle health insurance,
nor should any new agency be developed.
MEDICARE is already the National Health Insurance and should be issued at birth with SS#’s.
To pay for this:
All 10 million + government employees have their taxpayer funded health benefits
transferred to MEDICARE, which becomes the National Health Insurance Carrier.
An average payment of $12,000. – $30,000. is now being paid per year per person
to insure government employees at all levels with taxpayer money going to private
carriers.

This should be illegal. We already have a National Health Plan. Why are we allowing
all that money to be paid to private health insurance companies? We are talking about
$20,000,000,000 ( 20 Billion) would be injected immediately into our MEDICARE system,
paying for all uninsured citizens to be on MEDICARE as well. The only administrative thing
that needs to be done is to change the current age restriction backward to birth. That can be
effected with a stroke of a legislative pen.
Existing commercial insurance companies can continue to insure all the major
corporations. Employees who receive health benefits in the private sector may
use either their MEDICARE or the plan purchased by their employer.

It’s really quite simple. Democracy is a principle, which can be adopted to various degrees in the form of govement a State gives itself. Republic is the legal term to define a State governed according to the principles of democracy.

It doesn’t make sense to say that a country *is* a democracy, no more than to say that it *is* a monarchy or an oligarchy.

This is why the official legal name of countries is always something like “Republic of Ireland” or “Kingdom of Spain” and not “democracy of Ireland”. Hence, the statement that the US is a “republic and not a democracy” is doubly stupid.

how typical that the NYTimes would give credence to a passage by a cliche liberal deconstructionist like Akhil Reed Amar once a republican form of governance becomes “inconvenient”.

the republic safeguards everyone from ‘mob’ rule.

I’ve been watching the HBO series, Rome, and highly recommend it to anyone who has lost faith in American democracy and parliamentary procedure. We can never forget the lessons the Founders of of the United States learned by studying the failures of classical antiquity, (the Roman and Greek systems of governance). we needs checks on power.

it is clear a minority of Americans favor instituting an Obama single-payer health plan. If a filibuster can protect us and our country from going broke, then so be it.

There is a huge problem with Mr. Schiff’s comments – Comment #1 – it makes sense and is very doable. But our country has moved beyond common sense – way beyond. Unfortunately for all of us – H.L. Mencken was right on the money when he said “nobody ever went broke underestimating the intelligence of the American public”. And what the repubs and the ultra right are doing brings to mind another Mencken quote “the demagogue is one who preaches doctrines he knows to be untrue to men he knows to be idiots”. How sad – Medicare and Social Security were bitterly opposed by the repubs way back and retired folks need to understand that the safety net they are using are GOVERNMENT PROGRAMS that while they have some problems, have been life savers for many people. We are paying the price for letting America be ‘dumbed down’ through our poor educational system. Irene

Excellent comments from Mr. Schiff, with nothing more to be said!

Kim (Ph.D., History) August 19, 2009 · 2:39 pm

I am surprised that you even need to pose this question, but it deserves revisiting as we consider the power of a few Senators to hold up legislation.

Elements of the American government as created in 1787 were republican, while others were democratic. The framers themselves thought that what they created was so new that it required a new term: “democratic republic,” which they coined. See Gordon Wood’s chapter “The American Science of Politics” in his book The Creation of the American Republic (UNC, 1969) on their new model. I think I can state confidently that even Jack Rakove, author of Original Meanings ((Vintage, 1996) and believer in the “perils of originalism,” would agree that in all three of his “original meanings” that the framers words, intent, and understanding were clear: they believed that they were creating a combination of the two forms of government.

Over the years, of course, elements of American government have become much more democratic–e.g.
1. state-level changes such as (a) lifting property restrictions, enabling (b) initiative, (c) referendum, and (d) recall, and (e) mandating that electors vote as the state did in the electoral college
as well as
2. federal expansions in who votes, such as the (a) 15th, (b) 19th, (c) 24th and (d) 26th amendments, and how we vote, as in the (e) 16th amendment, for the direct election of Senators.

In other words, the United States began as “democratic republic” but has become increasingly more democratic as the nation has grown and changed.

The US system seems essentially a two-party system.

As a system of democracy it is closer to the one-party system we knew from Russia than any European democracy. I know this is a provocative comment in the ears of most American´s, but consider this;

Most European countries have more than a dussin parties representing their citizens in their legislative. This gives a voice to people of many differing points of view.

In the US, the system is more or less relegated to voting for either the Democratic or the Republican party. Yes, it is possible to elect outsiders, but in all practicallity this doesn´t happen. The system have long ago been wired in a way where money dictates the potential winners and losers of the elections. The money flows into only those two parties. Ergo its a two-party system. The fix is in. Who can imagine either of the two controlling parties in the US changing the laws to equal the playing field. Its never going to happen.

And consider this; does the horrifically low voter turnouts for the US elections reflect this fact? I believe so. When there are essentially only two points of view to vote between, the democratic system doesn´t rellay demand any active thinking by the voters. There are not, like in Europe a multitude of perspectives that requires analysis and participation by its citizens. The US system makes the voters lazy and complacent.

In several democracies around the world, it takes only a couple of years from the forming of a new way of thinking, for that to constitute itself into a new party that can find its way to the voters and become elected to some kind of position of power or at least vocal platform.

I sometime smile when I hear the US preaching democracy around the world. Democracy is an idea you always have to work on. It should not be boiled down to two opposing points of view. It should never be set in a way that disenfranchises the voters.

I would hope the US one day could be a country where the politicians in Washington represents perhaps five or ten parties with each their own perspective and thus forces the voters to reflect upon the nuances of perspective.

Note to Daniel:

If only a minority of Americans favor Obama’s moderate health care reform then why is it necessary to filibuster against it? It seems to me that a simple up or down majority vote would be all that is required to defeat it.

I think that you are really telling us that you have no faith in ordinary people and believe that we should be ruled by a minority of superior folks such as yourself.

You share this attitude with a great many historical figures, Lenin and Stalin among others.

“Of course the Senate is undemocratic,” said a Times reader, “we live in a republic not a democracy.”

On the contrary the U.S. does not have to be just a republic, or just a democracy. According to a Grade 10 Civics teacher I had, “Democracy isn’t perfect, but it’s the best system we have”. Similarly, there is room for improvement, but improvement often means change. Can the United States of America be a Democratic Republic? Maybe, but I think it is currently at a point in history where it’s actions will redefine the labels we categorize systems with for a new generation.

Odd… in my reading of the Federalist and Anti-Federalist Papers, I’m pretty certain the founders declared the American government to be a “Republic.”

It seems that the US originally was envisioned both as a democracy in the make-up of the House of Representatives and as a republic in the original make-up of the Senate (which was chosen by state legislatures, not by direct vote; although I suppose that a person could argue that the state legislatures all were democratically elected….). It’s not clear that these two forms of government are mutually exclusive, which might explain some of the confusion….

Alexander Hamilton said it best. “When you allow people without property to vote. They start voting to take away the property of others.” It may take a long time but that will eventually be the downfall of a democratic form of government. Even Plato noted democracy is probably the most unstable and shortest lived system. I suspect the future will look on us with wonder and be amazed that we allowed people to vote on all sorts of important issues who are functionally illiterate, poorly educated, and not smart enough to understand basic econommics. Sadly China is more business oriented than we are and will surpass us soon. It may turn out that people are really too stupid and selfish in general to govern themselves for more than a few centuries, and then only in an isolated well defended environment full of resources! This may give new meaning to the concept of American exceptionalism.

Well lets put this in one scenario:

An Alien ship or ships arrive to negotiate a treaty but there are so many nations on Earth and United Nations is powerless agency to decide anything so Alien command demands that Earth’s government abandon their constitutions, institutions and government structures to form singular structure to negotiate this treaty otherwise everyone of them will be eliminated one by one (don’t bother firing nuclear weapons as we will shush them before they can reach us) . Now option left to earthlings is to draft a government structure that represents the entire planet in singular form to represent humanity as single civilization.

This scenario whenever it occurs bound test our constitutions, institutions, structures and values in its ultimate forms.

Better get ready to learn, un-learn and re-learn to survive.

@ Daniel: “it is clear a minority of Americans favor instituting an Obama single-payer health plan.”

In what way is this at all clear? People on the right keep parroting this (or variations, like ‘the American people are opposed to this’) but I’ve yet to see any poll or survey that establishes conclusively that the people who want single-payer are a minority.

You can’t govern by polls. Nor can you just throw up your hands and do nothing in the face of vocal minorities like the town-hall protesters / A.M. talk-radio listeners (they’re one and the same). We elected the president and the Democratic majorities in Congress to do something about health care. The fact that all the people who voted for the other guy don’t like any of the bills being proposed should surprise no one, especially when most of them refuse to even recognize Mr. Obama as their president. If he gave a speech about motherhood they would howl in protest against it.

This country was founded on the desire to become a democracy, but 250 years later it is still a republic. Our elected leaders make the decisions and the majority of Americans don’t participate in the system and everyone is not equal, therefore, America has yet to become a democracy. Democracy will most likely never be achieved in America, the closest thing to democracy in the world are the European socialist systems. It still holds as an idea with layers and many facets. As long as America keeps the electoral college system in tact, we are not a democracy.
Upon the nation’s founding, the federalists and founding fathers clearly were in the 1 percent minority that was governing the small nation and making decisions, because they were the educated, elite. To some extent that remains true today. It would have been the greatest lie known to man to call this country a democracy in an era of slavery and white male rule.

The thing I love to say to my former compatriots back in the UK, and to those is Europe for that matter, is that when it comes to discussing “the American system of xxxx” the usual answer is “there isn’t one”. There is no American system of education, no system of politics that I’ve been able to discern, certainly no single system of Justice or Law Enforcement, and no single system of taxation. Of course those who live in the “one state” countries, or those who would like to live in one, find this incomprehensible. Some even see it as a nightmare (where taxes are concerned I sometimes agree).

Those of us who see confusion and contradiction in government as a way of protecting the individual, however, are only too happy to have things continue just the way they are. Even if the trains (not to mention the buses and planes) don’t run on time.

Numerous compromises were made in forging this nation, many of them evil, suboptimal, and obsolete. Tallying “three-fifths of a man” was one. Setting up the “repubocracy” chimaera was another.

The mere fact that the fillibuster exists is enough to demonstrate that the senateitself has become irrelevant. The People of the United States want the public option. They will not let themselves be defied by the smug, venal, parvenue kleptocrats in our so-called assembly of the oldest and wisest. Their bloated irrelevance will soon be found littering the midden-heap of history.

Please, please go back and read the writings of the founding fathers, especially the Declaration of Independence, the Articles of Confederation, the debates over the current constitution, and the Federalist Papers. If you read and truly understand them, most of the goofey comments posted so far can be seen in their current presentist context.

Hint: We live in a federal republic. If you understand the and contemplate the meeing of the Latin “res” and “publica,” you will have some clue. BTW, federal is also from Latin, and it refers to the idea of a league.

Athens and Sparta were democracies in the true sense of the word.
The United States has an elected form of government, hence by definition and also in practice it is a republic.

anti- National Socialist August 19, 2009 · 3:52 pm

It’s clear that Richard E. Schiff (poster # 1) favors some kind of National Socialism.

Good luck with it, Mr. Schiff! (You’ll need more than luck.)

umm. it is a republic. he cites founding fathers who insisted that the new government be “democratic,” but the fact of slavery and the Senate’s indirect elections for 150 years makes that a little hard to swallow. if you think people like george hearst were elected to the senate democratically, then I’d have a few questions for you. the truth is that the country has become more and more democratic even though it has always been a republic. just because a few founding fathers believed the country to be a democracy doesn’t mean that they established one. They didn’t. But they gave us the inspiration and the legal means to evolve into one.

The issue here is not whether or not the US is a democracy or a republic. The issue is the grossly disproportionate distribution of power of the Senate. Because every state gets two Senators, regardless of population, there’s a Midwestern bloc representing a tiny population making decisions for the vast majority of the population that lives elsewhere. California has a population of almost 37Ml, New York has 24M; meanwhile Wyoming has a population of less than 600,000. Yet Wyoming has EQUAL representation in the more powerful chamber of Congress. Plus, Washington, DC has a LARGER population than Wyoming and has no representation whatsoever!! On no level whatsoever is this remotely equitable.

Unless this changes (which, of course, it never will, because it would require Senators to legislate themselves out of existence), it doesn’t matter what kind of government we have. We’re screwed.

I recall that when AZ became a state, the Governor, W.P. Hunt, was a Democrat. He advocated for the right to initiate a bill before the people, those divisive tools of manipulators over land rights: lotteries, marriage, and obscure leeway for business disguised as aids to society. We got rid of those pay-day loan folks, or they have to go by July of next year. But we have also introduced a lot of garbage. To each his opinion, and the right to end around the legislature. Imagine such a thing on the national level with the venom and spit thrown around vs intelligent debate by folks pretending to give us the news.

I don’t trust anyone these days, especially folks who tell me what I want to hear. But things have become more insane that I can remember. Is it just because I care about the wars, the financial crisis, the health insurance crisis, and the education crisis that I’m aware of all the nonsense out there? Or is it the horrible legacy of our previous mistakes that make me more terrified for our nation’s future than I ever have been?

Don’t worry, Pubbies and Finance can’t frighten me or move me with their propaganda. That doesn’t scare me. It’s what folks who move on their orders are capable of doing.

Misplaced my colon. Anyone see where I put it? Imagine what a few odd punctuation marks can do to those unreadable initiatives.

#20
I didn’t know that people could reach this level of moronity.