David Hill said:
I suppose my point is too many Americans believe we are a democracy, (and they believe the USA is Nation vs. a Federation of countries, but that's another topic) and more to the point made by some here, by definition a democracy IS majority rule (as I understand it), 50% plus 1 vote changes/enacts a law.Where a republic has a foundation (The U.S. Constitution) that can NOT be changed by majority rule, except by amending the foundation itself. Big difference in my way of thinking.
Or you could just as easily call the Constitution an example of the thwarting of popular will, the dead hand of the past weighing the present down, etc. Why should I have to conduct myself by laws formulated by men in powdered wigs, in a pre-industrial age? Englnd does just fine without a Constitution.
I know this is not a line of thinking calculated to impress someone who believes in the literal truth of the Bible, in which laws laid down for goatherds in Sinai 2500 years ago are taken as a solid foundation for law in the present. I’m not actually arguing against the Constitution, just pointing out that it is most likely not the word of god but of a small group of smart guys in 1789. We are under no moral obligation to abide by it forever, and you could easily see it as a check on popular will, and in that sense “anti-democratic.”
There’s the famous example of the Stephen Girard will. Girard was one of the wealthiest men in early America and a key figure in the history of American finance. He founded a school, Girard College, to provide a boarding school for “poor white male orphans.” In the 1960s that will was amended by the US Supreme Court to include non-white males, and then again to include women. Many people were outraged by the violation of the “original intent” of the will, other argued that the dead don’t get to control the living, however much they might want to.
Please note–I’m not advocating discarding the constitution just pointing out that there are other ways to see it.