Invoking the Nuclear Option to Legislate more Easily from the Bench

Posted by PITHOCRATES - November 21st, 2013

Politics 101

Liberals pack the Judiciary with Liberal Judges to Write Law they can’t Write in Congress

Harry Reid and the Democrats went nuclear today.  Changing the Senate rules for the first time since the Founding.  To increase the power of those in the majority.  So they can run roughshod over those in the minority.  Thanks to the poor launch of Obamacare.  And the sinking realization that because the Democrats have so angered the people in the process of implementing the Affordable Care Act (the president and Democrats lied and people are losing their health insurance and doctors) that Democrats up for election in 2014 are going to be thrown out with extreme prejudice.  Turning the Senate over to the Republicans.  Hence the need to go nuclear now.

It’s no secret the left legislates from the bench.  Using judges to write legislation that Congress won’t.  Such as making abortion legal via Roe v. Wade.  That was a law made not by the law-makers.  The legislature.  Congress.  But by liberal judges on the bench.  Who are to interpret law.  Not write it.  But in Roe v. Wade, as in so many other laws that came to be that Congress refused to write, judges wrote law in their legal rulings.  Allowing the liberal minority to make their will the law of the land.

America is a center-right country.  Which means there are more conservatives than liberals.  In fact, only about 21% of the people identify themselves as liberal while about 40% of the people identify themselves as conservative (see Conservatives Remain the Largest Ideological Group in U.S. by Lydia Saad posted 1/12/2012 on Gallup).  Yet this 21% has implemented a lot of their liberal agenda.  How?  Liberal judges.  The key to changing the country against the will of the people.  When you can’t get the people’s representatives to write your laws you turn to the judiciary.  Which is why Harry Reid went nuclear today.  So they can pack the judiciary with liberal judges.  Before they lose the Senate.  So they will be able to write law from the bench that they won’t be able to do after they lose the Senate.

The Filibuster is the Last Line of Defense for the Minority

The filibuster is a stalling tactic.  A tool the minority can use to prevent the majority from running roughshod over them.  To protect minority rights.  For majority rule can be dangerous.  The majority could write law that restricts the rights of the minority.  Don’t like the internal combustion engine?  Well, the majority could write legislation for a costly carbon tax.  Of course, the Democrats don’t have a majority in the House.  But they do have one in the Senate.  Which confirms the president’s judicial appointments.  So if the president stacks the courts with liberal judges the left can get their carbon tax.  By writing regulations for a carbon tax instead of legislation.  And having the courts make that regulation law.  With the left saying that they had that right under their environmental regulatory powers.  And if you don’t like that sue us.

This is why the left wants to stack the courts with liberals.  Who may or may not be actual judges.  For they don’t want judges to interpret law.  They want them to write law that Congress won’t.  If the right sues the government for exceeding their constitutional authority and the case ends up in a court packed with liberal judges the right will lose.  And the unconstitutional regulation will become law.  Despite the Republican-controlled House.

The right has been holding up some exceptionally liberal Obama appointees to the bench.  Frustrating the left.  Because they can’t move their liberal agenda through the Republican held House of Representatives.  While their plan B—stacking the courts—was being blocked by the Republicans because the Democrats did not have 60 Senators in the Senate.  For if they did they could invoke cloture.  End debate.  And force a vote.  Which they would, of course, win.  Making the filibuster the last line of defense for the minority.  For if the judicial appointment only appeals to the 21% of the population the minority can filibuster until they withdraw the appointment.  And appoint someone that doesn’t appeal ONLY to 21% of the population.

When the Democrats were in the Minority they said Opposition to the Republicans was Patriotic

Back when the Republicans held the Senate during the George W. Bush administration the Democrats were holding up Bush appointees.  The Republicans broached the subject of the nuclear option.  And the left attacked Republicans.  Calling it a power grab.  An affront to the Founding Fathers.  The worst thing that could happen to our republic.  Harry Reid, Nancy Pelosi, Hillary Clinton, Barack Obama and other Democrats spoke on the record opposing the nuclear option.  But that was then.  This is now.  After the rollout of Obamacare.  And the very likely possibility that the Democrats will lose control of the Senate in 2014.  Now Harry Reid, Nancy Pelosi, Hillary Clinton, Barack Obama, et al are all for the nuclear option.

Because the Republicans are so partisan the left had no choice.  They simply wouldn’t rubber-stamp the liberal agenda.  So they had no choice but to grab power.  To run roughshod over those in the minority in Congress.  So the minority in the nation can impose their rule on the majority.  When the Democrats were in the minority in Congress they said opposition to the Republicans was patriotic.  That it made the republic healthier.  Locking the Congress into gridlock because they couldn’t get their way was fulfilling the vision of the Founding Fathers.  By preventing one-party rule.

But all that changes when they are in the majority.  And those in the 21% are fine with it.  Those in the mainstream media.  Hollywood.  Late-night television.  Even the audiences of the late-night television shows.  Who are all for debate when they are out of power.  But are fine with one-party rule when they are in power.  Because they believe that their side is the only side that matters.  Which is decidedly NOT what the Founding Fathers envisioned.  The left believes everyone should think like they think.  And if they don’t there should be laws to compel people to act like they (the left) think they should act.  Even if it requires violating the Constitution.  Like Obamacare forces people to buy something against their will for the first time in the history of the republic.  But expecting people to pay for their own birth control instead of forcing others to pay for it?  Why, that’s an affront to the Founding Fathers.  Making any law-violating power grab acceptable.  As long as it’s the left doing the law-violating and the power-grabbing.  For the left believe the end justifies the means.  Just like the Nazis did.  The communists.  And other tyrannical regimes have throughout time.

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Perception, President Obama and the Rand Paul Filibuster

Posted by PITHOCRATES - March 14th, 2013

Politics 101

Sound Bites and Photo Opportunities define our Politicians Today

Perception is in the eye of the beholder.  Are you familiar with the story about a real estate broker?  He works in a small town with a main road through it connecting two larger cities.  A lot of traffic travels this road.  This broker has two properties listed for sale.  One on the road into town.  And one on the road out of town.  All of these cars driving through this town see those two signs and think, “Wow, this guy must be the biggest broker in town.  I see his signs everywhere.”

But he is not the biggest broker in town.  But because his two signs are on the busiest road in town the perception is that he is.  Because people can’t enter the town or leave the town without seeing one of what seem to be many of his signs.  If they drove on the other streets of this town they would not see any of his signs.  While they would see a great many of his competitors’ signs.  With a detailed analysis people would conclude that this real estate broker is the smallest and least successful in town.  But with only a cursory glance he is the biggest broker in town.  This is perception.

Politicians understand perception.  So they work hard to shape what people see and hear.  And less on substance.  That’s why sound bites and photo opportunities define our politicians.  Politicians get their picture taken with babies and the down trodden to show how much they care.  Their speeches will be nothing but a series of sound bites suitable for quoting by the talking heads on television and in political ads.  And they will always answer a question with a prepared talking point.  Instead of answering the question.  And when it comes to campaigning they will take everything their opponents say out of context to change everyone’s perception about them.

Our Schools teach our Kids that a Just Society uses Government to Redistribute Wealth to make Society Fairer

Democrats are masters at creating perception.  Which is easy to do when you have the mainstream media in your pocket.  As well as college professors and high school teachers.  The entertainment industry.  The music industry.  Etc.  This small sliver of people has a profound impact on the masses.  For they dominate what people hear and learn.  And with them having a far left ideology their message is far left.  So when this small sliver of people fills our airwaves, cable television, movies and our classrooms their minority viewpoint creates the perception of being the majority viewpoint.  Like that real estate broker.  Because it’s everywhere.  While the majority of people who don’t share their ideology aren’t on television or in the movies.  On the radio or teaching our kids in the classroom.

The perception our kids have of America when graduating from high school is not that good.  Our teachers teach them that America stole the land from the Indians.  And stole Spanish America from the Spanish who stole it from the Indians.  They teach that slavery is America’s original sin.  As if America invented the institution of slavery.  Despite slavery having been around as long as civilization has been around.  They teach that America grew rich because of free slave labor.  Despite the South losing the American Civil War because the institution of slavery so impoverished the South that it was no match for what the North’s paid-labor could produce.  They teach our kids that capitalism is unfair and that profits are evil.  Despite the greatest oppression of people (as well as the lowest standards of living and greatest famines) has always been in anti-capitalistic nations (the Soviet Union, the People’s Republic of China, North Korea, Cuba, the countries of Eastern Europe during the cold war, etc.).  While at the same time they teach our kids the goodness of government.  And gloss over the oppression and privations of socialist/communist countries everywhere.

So our kids graduate from high school with the perception that if government doesn’t greatly regulate the free market the greed of capitalism will cause great unfairness.  And that a just society uses government to redistribute wealth to make society fairer.  And that anyone who opposes higher taxes and greater regulation to facilitate this fairer society hates kids.  They want to pollute our air and water.  They want unsafe food.  They want women to die from cancer.  They hate the planet.  Poor people.  Gay people.  Etc.  They hear this so often and so consistently that they accept it as the majority opinion.  And when they go on to college or start watching the news this perception is reinforced.  Which is why our young people vote Democrat.  Because the perception is that Democrats are for the working man.  The party that puts people before profits.  While the Republicans put rich people, and their money, before everything else.

Was it the Rand filibuster that made President Obama launch a Charm Offensive?

A big part of forming perceptions is not telling the truth. When President Obama was candidate Obama he didn’t want to nationalize health care.  He opposed same-sex marriage.  He didn’t support gun control.  He talked about transparency.  He attacked President Bush for being fiscally irresponsible.  And for running massive deficits that added to the debt.  He talked about not spending more than the government collected.  But the real President Obama was none of this.  And the real President Obama has never left campaign mode.  For he doesn’t govern.  He continues to campaign.  Against Republicans.  Blaming them for every problem exasperated by his own policies.  And, of course, he continues to blame George W. Bush.  Always attacking Republicans.  Always blaming Republicans.  To reinforce a perception of the Republican Party that will benefit him.  And his party.  So he can win the House back in 2014.  And finally govern as he always wanted to govern.  As a president with no political opposition to restrain his powers.

The president’s Middle East foreign policy has been a disaster.  He refused to support a Democracy movement in Iran.  Our enemy.  While supporting a democracy movement in Egypt.  And in Libya.  Our allies in the War on Terror.  (But not in Syria.  An ally of Iran.)  Now the Middle East is becoming Islamist.  And closer to Iran.  Our enemy.  And the enemy of peace and stability.  This disastrous policy came to a head in Benghazi.  Where four Americans died to advance the perception that President Obama had al Qaeda on the ropes.  When in fact they were resurgent in Benghazi.  Which our ambassador knew.  And tried to tell his boss.  Hillary Clinton.  Begging for more security.  Which never came.  When questioned in Congress about who edited the talking points that Secretary Rice used on the Sunday morning talk shows to advance the lie that it was not al Qaeda but a spontaneous uprising in response to a YouTube video that no one had seen she yelled with righteous indignation, “What difference did it make!?!”  An answer no one accepted in the Watergate investigation.  Which Clinton assisted with as a young attorney.  Back then a government cover-up made a big difference.  Which led to impeachment hearings.  That ended when President Nixon resigned.  But the Obama administration would escape that fate.  For the perception was that this was a Republican partisan witch hunt.  Because they were racists and hated the president.  And with all their support in entertainment, education and the news the people accepted this perception.  And apparently didn’t care about the cover-up of Benghazi.  Unlike they were about the cover-up of Watergate that resulted in no dead Americans.

And this is what made the Rand Paul filibuster so powerful.  For he dared to challenge the perception that the Obama administration was sweet and innocent and transparent unlike the ‘criminal’ administration of George W. Bush.  President Obama has expanded the use of drones.  He has killed more people with them than George W. Bush.  And a lot more innocent bystanders.  Including a few Americans.  Even appearing to want to reserve the right to use a drone strike on Americans on U.S. soil without due process even if they posed no imminent threat.  The Obama administration finally stated that they wouldn’t do that.  But not before those on the Left took notice of Rand Paul’s filibuster.  Including Jon Stewart of the Daily Show.  People who expected something like this from the Bush administration.  But not from the Obama administration.  Giving the Obama administration some rare negative press.  Just enough to get some people to ask, “They want to do what?!?”  And the fact that it took a 13-hour filibuster to get a simple ‘no’ out of the administration makes it look like, perhaps, it’s the Democrats who are not trying to cooperate with the Republicans.  Unlike the perception that it’s the Republicans that are being uncooperative.  Perhaps explaining why the president has launched a charm offensive.  To improve a tarnished perception that they never had to do before.  Thanks to the Rand Paul filibuster.

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Tyranny of the One, Tyranny of the Few, Tyranny of the Many, Drone Strikes and the Rand Paul Filibuster

Posted by PITHOCRATES - March 7th, 2013

Politics 101

Trusting that only Good People will Serve in Government is Sheer Folly

History has been a struggle for power.  Those who wanted it fought those who had it.  And those who had it tried to eliminate anyone who didn’t have it but wanted it.  So people have killed each other since the dawn of time for power.  Making for a rather Hobbesian existence.  “Solitary, poor, nasty, brutish, and short.”  A quote from Thomas Hobbes’ Leviathan.  Where he posits that only an all powerful dictator can provide a just society.  Otherwise there would be great unrest and civil wars.  Such as was going on in England at the time he wrote Leviathan.

England, though, would choose a non-Hobbesian path.  Choosing to restrict the powers of their monarch with a represented body of the people.  Parliament.  Evolving into what John Adams once called the best system of government.  A constitutional monarchy where power was balanced between the few, the many and the one.  The few, the rich, paid the taxes that the one, the king, spent.  The common people were the many.  Who had a say in what the rich and the king could do.  So everyone had a say.  And no one group, the majority, the minority or the one, could do whatever they wanted.  Which is why John Adams once thought it was the best system of government.

John Adams wanted a strong executive in the new United States.  Not a hereditary king.  But something close to the king of England.  Who would advance the new nation to greatness.  And with disinterested men of the Enlightenment serving in the new government Adams didn’t worry about any abuses of power.  For this wasn’t Great Britain.  But not everyone had Adams’ confidence in the nobility of men.  Worrying that given the chance they would try to form a new nobility.  As James Madison said in Federalist 51, “If men were angels, no government would be necessary.”  And that was the problem.  Men are not angels.  And trusting that only good men would serve in government was sheer folly.  So we should form governments under the assumption that bad people would reach positions of power.  And thus limit the power of government.

Today both Houses of Congress win Elections by Appealing to Populism

So the Americans settled on a similar system.  They separated powers between a legislature, an executive and a judiciary.  Further, they separated the legislature into two bodies.  The House of Representatives.  And the Senate.  Representation in the House being apportioned by population.  The more populous a state the greater that state’s representation.  And the greater influence they had in writing law.  They chose their representatives by popular vote.  Making it truly the house of the people.

The states, though, feared a tyranny of the majority.  Where the largest states could have their way.  And force the smaller states to accept their rule.  For in a true democracy the majority could vote anything into law.  Such as the subjugation and oppression of a minority group.  Like the Nazi Party passed legislation subjugating and oppressing the Jews.  So minorities need protection from majorities.  In the United States the Senate provided a check on majority rule.  For each state had equal representation.  Each state had two senators.  And to further protect the interests of the states (and their sovereignty) the states chose their senators.  A constitutional amendment changed this later.  Which weakened the sovereignty of the states.  By making the Senate a true democracy.  Where the people could vote for the senators that promised them the most from the treasury.

Today both houses of Congress win elections by appealing to populism.  Representatives and Senators are, in general, no longer ‘disinterested men of the Enlightenment’ but pure politicians trying to buy votes.  Which is what James Madison worried about.  The people in government are not angels.  And they’re becoming less like angels as time goes on.  Proving the need of a separation of powers.  And a bicameral legislature.  To keep any one group, or person, from amassing too much power.  So there can be no tyranny of the many.  No tyranny of the few.  And no tyranny of the one.

The Obama Administration can’t use the Military to Kill Suspect Americans on U.S. Soil

Senator Rand Paul just recently completed a 13 hour filibuster on the floor of the Senate.  To delay the vote to confirm John Brennan as CIA director.  Not because he had a problem with Brennan.  But because he had a problem with the Obama administration.  Specifically with Attorney General Eric Holder.  Senator Paul had asked Holder if the Obama administration could use a drone to kill an American on American soil without due process even if that person posed no imminent threat.  The attorney general gave his answer in a letter.  In which he didn’t say ‘no’.  Which bothered Senator Paul.  Because the Obama administration had killed an American or two on foreign soil without due process.  Including the son of a guy that posed an imminent threat.  While the son did not.

U.S. drone strikes have killed many terrorists overseas.  And they’ve killed a lot of innocent bystanders who had the misfortune to be in the same vicinity.  Such as being in the same coffee shop.  Basically a policy of ‘kill them all and let God sort them out’.  But you don’t hear a lot about this collateral damage.  As the Obama administration simply counts all the dead from a drone strike as being a terrorist that posed an imminent threat to U.S. security.  And the innocent son that was killed in a drone strike?  Well, he should have chosen a better father.  Or so said a member of the Obama administration.  Which is what so bothered Senator Paul.  For in the War on Terror the battlefield is worldwide.  Including the United States.  Which means given the right set of circumstances the Attorney General of the United States stated the government had the legal right to use a drone to kill an American on U.S. soil without due process.

In the United States there is a thing called the Constitution.  Which guarantees American citizens due process.  If you’re an American fighting Americans on foreign soil you have no Constitutional protections.  And can be killed by a drone strike without due process.  But if you’re on U.S. soil you have Constitutional protections.  Which means the government can’t use the military to kill suspect Americans.  No.  On U.S. soil we have police forces.  And courts.  Miranda rights.  On U.S. soil you have to convince a judge to issue an arrest warrant.  Then you have to collect evidence to present in a trial.  And then you have to convince a jury of a person’s guilt.  Then and only then can you take away a person’s freedom.  Or life.  Thus protecting all Americans from the tyranny of the one.  The tyranny of the few.  And the tyranny of the many.

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FT111: “Arrogance and intelligence are not the same thing.” -Old Pithy

Posted by PITHOCRATES - March 30th, 2012

Fundamental Truth

Liberal Control of Pop Culture, the Mainstream Media and the Colleges help push their Minority Views onto the Majority

What do you think the breakdown of people in the United States is?  Politically speaking.  What are the percentages of conservatives, liberals and moderates?  If you watch/listen/read a lot of pop culture you no doubt think conservatives are in the minority.  If you listen to the mainstream media you no doubt think that conservatives are in the minority.  If you’re young and/or are in college you no doubt think that conservatives are in the minority.  Would it surprise you to learn that conservatives are actually in the majority?  Well, then, surprise.

According to Gallup, in 2011 40% of the American people identified themselves as conservative.  While 35% identified themselves as moderate.  And only 21% identified themselves as liberal.  Surprising, huh?  Especially when the ‘appropriate’ behavior appears to be to snicker at and belittle conservatives these days.  Forcing them into the closet.  For one thing you never hear of is a closet-liberal.  No, they can be in your face.  Any time.  Any place.  And it’s okay.  But a conservative has to lower his or her voice and look around first to see if it’s ‘okay’ to express his or her political opinion.  Why is that?

Well, it helps to control the major channels of communication.  Pop culture.  The mainstream media.  And colleges.  It also helps that young adults want to escape the responsible parenting of their parents so they can party and have as much sex that is humanly possible.  Which makes them a very useful pawn for liberals to advance their minority views.  Because liberals aren’t their parents.  But they act and talk like their parents.  When they attack their parents.  With an air of all-knowing condescension.  Exasperation.  And arrogance.  The only difference between kids’ parents and these liberals is that kids’ parents are trying to do what is best for their kids.  While liberals are trying to do what is best to advance their minority views.

Liberals speak with such Arrogant Confidence that it makes Some People Feel that they Must be Right 

Women fall for bad boys.  Even though they are not particularly bright.  Or have great earning potential.  That’s why so many women can never find true happiness in a relationship.  At least based on the high divorce rates.  It’s just the way it is.  Because women aren’t attracted to short, fat, balding guys that have good but boring careers.  No matter how beautiful they are on the inside.  No.  These women are attracted to the men that will ultimately cheat on them.  These men who can’t stand the thought of being in a monogamous relationship.  Because they are bad boys.  Rebels.  Nonconformists.  Alpha males.  Confident and cocky.  Who don’t like having any limits placed on them.  And want to enjoy every moment of life.  Especially since feminists have empowered women.  Giving them all the birth control and access to abortion they need to please these alpha males.  Which lets these men enjoy as many women sexually as is humanly possible.  No, marriage is not for them.  Neither is a monogamous relationship.  For there is just too much passion in their hearts for one woman.

Everyone is attracted to the alpha male.  Women want to be with them.  And men want to be around them.  To be like them.  To enjoy a little of their world.  For arrogance is attractive.  People are attracted to strong people who are sure of themselves.  Who never doubt themselves.  And feel safer whenever they are around.  Like the cowboys in the Old West.  When life was scary.  And nothing made you feel safer than having a manly cowboy around to protect you.  And this is how liberals advance their minority view.  It’s their arrogance that makes people feel that they must be right.  For they speak with such confidence.  Without a shadow of doubt.  And anyone so sure and so full of themselves must know what they are talking about.  Besides, they make the stuff we want to do (like having a lot of sex) seem the right thing enlightened people do.

But arrogance and intelligence are not the same thing.  Pick your favorite celebrity who’s attacked a conservative.  Or conservative policies.  And ask yourself if you think they understand economics.  Do they understand that high inflation is a monetary problem?  That governments cause high prices by printing too much money?  Do they know that stimulus spending fails to stimulate the economy because sellers increase their prices to offset the coming inflation (rational expectations)?  Before anyone spends that stimulus money?  Resulting in no new economic activity.  Only higher prices.  Do they understand that everyone prices oil on the international market in U.S. dollars?  And that government inflation causes gasoline prices to rise (as the oil sellers raise their prices to offset that inflation)?  Do they understand that government regulations are another cost of business that businesses add to their selling prices? Do they understand that jobs in the private sector pay for all government spending including all government jobs?  Do they know that free markets have promoted equality and reduced discrimination (women have a better life in a country with free markets than they do in a country like Iran)?  Do they know that Karl Marx was wrong in his economic thinking (as technology increases in capitalistic countries workers see their wages rise over time, not fall into perpetual poverty)? 

Liberals can push their Minority Views onto the Majority because of the Perception that their Views are the Majority

Of course they don’t know.  They haven’t the foggiest clue about things economic.  And are only liberals so no one picks on them for their obscene wealth and their extravagant lifestyles.  No.  They don’t attack conservatives for economic reasons.  They attack them because they’ve just learned that it’s appropriate to attack conservatives.  To snicker at them.  To belittle them.  Which they learned from their pop culture.  From the mainstream media.  And from our colleges.  They don’t know how to articulate their beliefs.  Because they don’t understand what they criticize.  And mask their ignorance with an air of all-knowing condescension.  Exasperation at those who disagree with them.  And, of course, arrogance.  By attacking and ridiculing conservatives.  But never engaging them in an ideological debate.

And this is how the 21% pushes their minority views on the majority population.  It’s sort of like real estate.  It’s all about perception.  Because they have pop culture, the mainstream media, the colleges and young adults (who want an alternative to their parents so they can have fun) their views appear to be in the majority.  Not in the minority.  So their views appear to be the ‘right’ views.  Just like that story about a small realtor who has only two signs in town.  One on the road into town.  And one on the road out of town.  Making people driving on that road think, “Wow.  This must be the biggest realtor in town.  I see their signs everywhere.”

And so it is with liberalism.  When people hear their minority views everywhere they feel that these views are the ‘biggest’ views in town.  And don’t question the ideology supporting them.  Or the economics.  Or the history of their failure.

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The Electoral College

Posted by PITHOCRATES - December 22nd, 2011

Politics 101

The Founding Fathers put Responsible, Enlightened and Disinterested People between the People and their Government

The Founding Fathers were no fans of democracy.  Election by popular vote was little more than mob rule.  It would lead to the tyranny of the majority over the minority.  And as Benjamin Franklin warned, once the people learned they could vote themselves money from the treasury, they would.

These feelings extended to the states as well.  The small states did not want to be ruled by the large states.  This is why every state had two senators in the Senate.  To offset the influence of the big states in the House of Representatives.  Where the people voted for their representatives by direct popular vote.  And to offset the influence of the new federal government, the state legislatures would elect their senators.  Giving the states a large say in federal affairs.

Knowing history as they did, this was all very purposeful.  Indirect elections.  Putting other people between the people and the power of government.  And the treasury.  The people would vote for responsible, enlightened and disinterested people to represent them.  Then these responsible, enlightened and disinterested people would make policy.  And by doing this the Founding Fathers hoped that the new republic would survive.

The Founding Fathers set up the United States as a Federation of Independent States

Blacks make up about 12% of the population.  Gay and lesbians less than 1.5%.  In a true democracy it would not be difficult for the majority to win a popular vote to make these people illegal.  As crazy as that sounds a democracy could do that.  If that was the way the mob felt at the time of the vote.  This was the kind of thing the small states worried about.  As well as the Founding Fathers.  A tyranny of the majority.  Where anything goes.  As long as the majority says so.

Interestingly, a popular vote could have freed the slaves.  Which was a concern of the southern states.  The Three-Fifth Compromise was yet another provision the Founding Fathers included in the Constitution.  To get the southern states to join the new union.  This counted 3/5 of a slave as a person to determine representation in the House of Representatives.  Which would offset the numerical superiority of free people in the northern states.  And prevent them from ruling the southern states.  Which is pretty much what happened after the Civil War.  As the freed slaves tended to vote along with their northern liberators.

The Founding Fathers set up the United States as a federation of independent states.  For before there was a United States of America there were independent states loosely associated together.  Coming together only when they needed each other such as winning their independence from Great Britain.  Even during the Revolution the states were still fiercely independent.  And getting these fiercely independent states to join together in a more perfect union required a lot of checks and balances.  A separation of powers.  And indirect elections.  Which the Founding Fathers dutifully included in the new Constitution.  It wasn’t perfect.  But it was the best such a diverse group of people and beliefs could produce.

The Seventeenth Amendment Destroyed a very Large Check on Federal Power

Of course, this leaves the presidential election.  And the Electoral College.  Which grew out of the same concerns.  Of trying to prevent the large states from ruling the small states.  The Electoral College blended together the popular vote of the House of Representatives.  And the indirect vote of the Senate.

Each state had electors who actually voted for the president.  The number of electors in each state equaled that state’s representation in Congress.  The number of representatives in the House (population-based).  And the number of senators (state-based).  The electors typically cast all of their electoral votes based on the outcome of the popular vote of their state.  Which is why sometimes presidents win elections even though they lose the national popular vote.  An outcome designed by the Founding Fathers.  To prevent a tyranny of the majority from ruling over the minority.

Some things have changed since the Founding.  We extended the right to vote to black men.  And then later to women.  Both good things.  But not all changes were good.  Such as the Seventeenth Amendment.  Perhaps the biggest change from the intent of the Founding Fathers.  Ratified in 1913, it changed the election of Senators from a vote by the state’s legislature to a popular vote like that for the House.  Destroying a very large check on federal power.  Creating a much more powerful central government by transferring power form the states to the federal government.  What the Founding Fathers tried to prevent in the original Constitution.  With their checks and balances.  Their separation of powers.  And their indirect elections.  Including the Electoral College.  Which, if eliminated, would give even more power to the federal government.  And a greater ability for the majority to rule unchecked over the minority.

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