Oct 14, 2024
Re “Is the Constitution threatening democracy? Former UCI law school dean says it is“ Interesting that the question assumes a fact not in evidence. We are not a democracy but a republic.  As Benjamin Franklin answered Mrs. Powel who asked whether we had a monarchy or republic.  “A republic, if you can keep it.” The Founders set a system including the electoral college to avoid the tyranny of the majority. Each state gets one electoral vote for each senator which are two votes plus a vote for each representative calculated by population.  Washington DC gets three as if it were a state with two senators and one representative. This argument that the Constitution is a threat to democracy is  based on John Locke’s idea of the social contract. Those who would amend the social contract would dissolve the Constitution to emphasize the natural rights of man.  Natural rights of man is a void for vagueness term subject to the tyranny of the majority. The brake is not to be on government, but government is to define and enforce natural rights. Hillary’s idea that “deplorables” should be “deprogrammed” is a preview of rights to come. It’s interesting that Erwin Chemerinsky has never been a member of the California bar although the Dean of UC Berkeley. The only place that I could find him listed as an attorney was Alaska. Hiso bar there # is NA02071. His status is honorary, whatever that means. How Sforza’s editor lets her get away with calling the electoral college “weird” when she’s not on the editorial page is malfeasance. — Mary Emily Smiley, Lawndale
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