We, the People

In the past ten days, the Supreme Court has taken giant steps toward restoring the proper relationship between the governed and the government in America. Whether we realize it or not, we are, to adopt the words of Abraham Lincoln, “engaged in a great civil war” testing whether the foundational principles of this country which created a constitutional republic will stand or be replaced by what is colloquially called “democracy.” I have placed “democracy” in quotes since, as used in the popular press and media, it is generally misunderstood, and the term misused. What is truly intended by the women of “The View” and the demonstrators on the steps of the Supreme Court objecting to the decision overruling Roe vs. Wade is the tyranny of the majority. One has only to listen to them rail that states like New York and California should get to decide for the country; or complain that the people of the middle of the country should not get to make decisions that might affect them to understand that this civil war is really about what the country will be – continue as a republic or change to a democracy. That is definitely not what the Founders intended when they adopted the Constitution. Concurrently with the debate over the adoption of the U.S. Constitution, the French Revolution raged across that country, engulfing thousands of people in the bloody and death-filled reign of terror brought on as its leaders sought to establish a true democracy. In the end, of course, France ended up with Napoleon, a dictator! On the contrary, the record of the debates of the delegates to the Constitutional Congress make clear that they intended to protect the rights of the minority from the vicissitudes of popular opinion and whim. The creation and structure of the Electoral College and the original mechanism for the election of senators by state legislatures are but two examples of that intent. Of course, the direct election of senators, promoted by the Progressives under Woodrow Wilson, destroyed part of that structure. Even so, the mere fact that Wyoming, the least populated state has the same number of senators as California is graphic proof of their intention to protect the minority populations from the majoritarian actions of the larger cities and states.

So what did the Supreme Court do to remind us that America is a constitutional republic and not a democracy? In Dobbs vs. Jackson, the Court expressly returned power that had been wrongly seized by an earlier court to the legislatures of the states – returned power to the people. And why is that consistent with the Constitution, you ask? Because in so doing, the Court gave to the elected officials of states the power to make laws affecting the people of those states. That is how a republic functions.

And what else did the Supreme Court do? It rules in West Virginia vs. EPA that the Environmental Protection Agency lacked the authority to legislate, a power that belongs exclusively to the elected representatives of the people – here, the U.S. Congress. Once, again, the Supreme Court honored the Constitutional structure of a republic, not a democracy.

So when the handwringers on the Left scream that the Supreme Court is destroying democracy, they are merely underscoring their own ignorance. They are hoping that, by their loud and repetitive yelling, to convince the rest of us that we do, in fact, live in a democracy where “the majority rules.” That is not now and has never been true. Those on the Left simply hope to confuse and obfuscate with words that may have imprecise meaning in the ears of those who hear them. In the end, the Constitution is clear. America is a republic. It is governed by a large number of elected bodies, local, state and federal, all elected by us – by the people. And the Supreme Court go it right. Let’s hope they can continue to do so.

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