by Elliott Oppenheim, Lolo
There is considerable hoopla about our democracy being challenged. What is a democracy? Who invented the concept? You will see that our Democracy is a precious flower and requires tending.
Government began, arguably, with the ancient Egyptians, 10,000 years ago, who considered the Pharoah as possessing divine powers, powers that came from god. The citizens had no voice. There was no right of review for decisions.
The English concept of government was, until its democracy evolved, a monarchy. All power resided in the King. Beginning in about the 8th century, Parliament is the legislative body of the United Kingdom and is the primary law-making institution in Great Britain’s constitutional monarchy.
In a monarchy the King could select women for breeding, appoint knights, and decide everything, pretty much. The King owned all the land and was considered to have divine powers, given by god. The King, if he wanted, could lop off your head … and he did. Here is the big deal. In a monarchy, supreme power rests with the monarch.
Fascism is a form of government without the monarch, with no real right of dissent or review; power resides in the leader.
As specified in the Constitution the supreme power rests with the people… but we do not have mob rule. We decide issues with cooperation and teamwork by voting as specified in our Constitution. America’s branches sways back and forth like a sturdy oak tree.
Democracy includes two forms of government. Paraphrased from Wikipedia sources, the most common form is where the people have authority to choose their governing legislators. … not exactly by voting. There was an original form in which the people have the authority to decide on legislation. The earmarks of a democracy include freedom of assembly and speech, inclusiveness and equality, membership, consent, voting, right to life and minority rights.
Non-democratic governments may limit these authorities. The most common limitation is the limitation of speech. Statements against the government in some countries can, literally, get your head whacked off … or worse: China, Saudi Arabia, Brazil, Singapore easily come to mind.
Our model originated from the British Empire. The monarch, Queen Elizabeth II, is unable to over-rule Parliament. The Queen is perched in an advisory capacity. The Queen has no true governmental power.
America’s form of government is a constitutional democracy; no monarch. Our Democracy is founded upon a specific constitution, the Constitution of the United States. Conduct and enactments must fall within constitutional parameters. Over two-hundred and forty-five years, various individuals have tested whether there are extra-constitutional exceptions; there aren’t.
The fact, for instance, that the President may act or make a proclamation does not transform the conduct into “constitutional.” The United States Constitution created a separation of powers, a system of co-equal checks and balances for three independent branches: Executive, Legislative, and Judicial.
A democracy has four key elements: (a) a political system for choosing and replacing the government through free and fair elections; (b) the active participation of the people, as citizens, in politics and civic life; (c) protection of the human rights of all citizens; and a (d) rule of law, in which the laws and procedures apply equally to all citizens. Visualize Lady Justice, with her pans balancing the country and the Statue of Liberty … on a sunny day.
As delineated in the Constitution, Article I, the Executive branch houses the President and creates many law-enforcement investigative and enforcement powers.
The Legislative branch, Article II, features law-making in the House of Representatives and in the Senate: Congress. This branch often pushes back at the Executive branch.
The Judicial branch includes the United States Supreme Court and the entirety of the Article III federal judiciary; the Federal court system.
Typically, branches of the government do not meddle in the others’ affairs: separation of powers.
In 1803 the US Supreme Court, SCOTUS, decided Marbury v. Madison which stands for the premise that the Court has the power to decide the law of the land. So, what could possibly go wrong?
The President of the United States, POTUS, wields great powers, limited by inherent checks and balances of the other two branches; according to the Constitution; all of this decided by SCOTUS. Presidential power may require Congressional approvals.
Ordinarily, the Judicial Branch decides matters which are brought to it through the other branches. Unlike a drive-up window, SCOTUS does not give “advisory” opinions. SCOTUS decides only “actual cases and controversies.”
Beneath the President is the Cabinet; most specified in the Constitution.
Agencies, a vast number, function under a complicated set of rules and administrative codes. The Government functions through these acronym agencies. FAA, IRS, FBI, CDC, NIH, DOH.
Our population is roughly 325 million and about half of the people could vote. There are, then, about 150 million possible opinions on any matter. See how this is getting complicated?
Our form of government, one-person, one vote, is being challenged but, unlike countries like Myanmar, America has internal constitutional stability in its government. Benjamin Franklin characterized a democracy as two wolves and a lamb voting on what to have for lunch. He saw liberty, our form of government, as a well-armed lamb contesting the vote.
The crucial element to democracy is participation. Your voice is your vote. It is important to be well-informed and to tend the garden: vote. America will remain stable as we approach our 245th year. America is better than ever.