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I don't believe this helps, at all. If anything it makes things worse, because it lets congress off the hook, and that's exactly what happens in the US - lots
by emn13 6y ago
I don't believe this helps, at all. If anything it makes things worse, because it lets congress off the hook, and that's exactly what happens in the US - lots of congressional powers are abrogated to the executive, which is essentially a monarchy that hasn't devolved into a dictatorship simply because of tradition and popular unease at that route - but it's really unsafe.
The real protection here is that a simple majority can't throw out the minorities voice entirely. But that doesn't require the separation of the executive to achieve, it merely requires either a supermajority, and/or a differently composed senate (which doesn't need to be unrepresentative either, the differing election schedule would suffice, and it doesn't even need a veto - an election-cycle delay would be enough).
Incidentally, from memory, all sliding-into-dictatorship democracies I can think of did so behind a strong "executive". Empirically at least that would suggest that simply not having such a strong executive sounds like a sound protection against despotism. Intuitively, that would suggest that it's pretty hard to rally a country behind a dictatorship that originates in congress; a powerful figurehead matters. Finally, I'm not really sure to what extent a constitution really can or should protect against popular despotism - at best it can delay the process; but part of the point of democracy is self-rule; and taking away that rule to avoid despotism also takes it away for other reform - and it's not really going to work anyhow, because if enough people want to dump the laws, they will, even if the letter of the law begs to differ.
- artificialLimbs 6y ago> the executive ... hasn't devolved into a dictatorship simply because of tradition and popular unease at that route > I'm not really sure to what extent a constitution really can or should protect against popular despotism Article II Section 1 of the Constitution?
- emn13 6y agoI was trying to get across the point that democratic freedoms necessarily imply the freedom to make mistakes; at best you can slow them down and make em less likely by historical happenstance. And as pointed out, no legal document matters if enough popular sentiment opposes it; people just throw it out (it's happened in other countries before). So perhaps this benchmark is too high a bar.
- lazide 6y agoI sincerely hope that we all (the people of the US, Congress, the Judiciary) take what happened on Jan 6th as a concrete warning of this hazard and work to pare back and reign in the executive. It has been needed for a long time. All it will take is a stronger, more popular leader who feels 'bypassing the rules' is ok for 'the greater good' (aka themselves), and we're in deep trouble. If Trump hadn't spent all 4 years of his tenure actively disparaging, impugning, maligning, and throwing under the bus every military leader or hero he ran across, we could be in a very, very different country today. I'm still amazed how close he came to winning Arizona considering what he said and did to McCain.