The US Supreme Court has overturned abortion and affirmative action programs. There are all sorts of detractors calling these decisions as “undemocratic!”
I say: “No, these decisions are democratic. They follow the rules.”
Yeah, but Dave . . .
. . . Mr. Trump’s victory in 2016 came from the Electoral College, but not the popular vote. That makes the EC not democratic.
I say: “But the election rules have the EC as the process to elect the president. Until that is changed, them’s the rules.”
I also say: “The EC was a tool to bind the original colonies together. Had the EC not been in place, much of northwest USA would be part of Canada today. Here is my article on that history.
Yeah, but Dave (2). . .
. . . Mr. Trump was an inept president.
I say: “That is your opinion. Unfortunately, 74m Americans in 2020 thought he was a good president. They have the right to vote for their preference.”
Yeah, but Dave (3) . . .
. . . Mr. Trump got the opportunity to appoint three Supreme Court justices in this tenure. One of them had a little too much baggage.
I say: “Yes, three appointments in one presidential term are unprecedented. But that’s what happened. Mr. Trump had enough Senators to back his appointments. Them’s the rules.”
Yeah, but Dave (4) . . .
. . . Mitch McConnell quashed Mr. Obama’s appointee before Mr. Obama left office.
I say: “Mr. Obama did not have enough Senators for that appointment. Them’s the rules.”
Yeah, but Dave (5) . . .
. . . the conservative judges are voting the way conservative voters want them to vote.
I say: “There’s nothing to tie the judges to a certain way of thinking. If they prefer conservative ideology over more thorough legal reasoning, ‘Them’s the rules.”
Yeah, but Dave (6) . . .
. . . what about the gerrymandering and voter suppression?
I say: “It is essentially the rights of the states to run their own elections. If the states have used the legislative processes to set up election rules to give a certain party a little advantage, them’s the rules.”
I also say: “If the Democrats focus more on the 40% of eligible voters who do not usually vote, they can send the Republicans packing. So yes, make some noise about the unfairness in elections. But remember there is still a big workaround.” The Moot Point of Gerrymandering
Yeah, but Dave (7) . . . .
It’s time for me to interrupt. When you claim democratic decisions you don’t like as being undemocratic, you are only contributing to the fall of American democracy when you challenge decisions in this way.
Like it or not, the presidency of Donald J. Trump was democratically legitimate — as well as many of his decisions and decisions of today’s Supreme Court.
And the rules gave Mr. Trump the opportunity to prove his case of election fraud — and he failed. Are these rules good and the other rules are not?
And today Mr. Trump is in a whole bunch of legal trouble. Something is going to stick. Are these rules good and the other rules are not?
Yeah, but Dave (8) . . .
. . . Mr. Trump is still a viable contender for 2024.
I say: “Yes, and that is too bad. But the rules allow for that. Them’s the rules.”
Yeah, but Dave (9) . . .
. . . we need to change the rules.
I say, “I agree. To change the rules within the rules, the USA requires a constitutional amendment that requires the passage of ¾ of the state legislatures. Them’s the rules.”
Yeah, but Dave (10) . . .
. . . these kinds of changes are unlikely to happen in the next decade.
I say, “That again is too bad. While the rules give a reasonable formula to change the constitution, American politics is so divided that the USA cannot effect any changes. So we have to use the current rules in place — and play the game with those rules. The rules are not that bad. And them’s the rules.”
I also say: “Historically speaking, constitutional changes take a long time. For example, the 17th Amendment, the one about Senators being elected by the people, took about 30 years to move from initial activism to actual implementation. Expect a similar time frame for your preferred changes to take effect — but only if you and others exert a constant political force.”
A Constitutional Blunder
Yeah, but Dave (11) . . .
. . . we can’t wait 30 years. Even if we put Mr. Trump in prison, more Mr. Trumps are likely.
I say: “Too bad. Them’s the rules. Would you like a quicker solution?”
Yeah, but Dave (12) . . .
. . . American democracy is incapable of reforming itself in a timely manner.
I say: “And that is why we need to build a new democracy. I have an alternative democracy that will take 10 to 20 years to build. And this new democracy will change much more than the electoral college and nomination of Supreme Court judges.
Yeah, but Dave (13). . .
. . . 10 to 20 years is still too long. We need these changes now.
I say: “Sorry, we have to learn some new things to make this new democracy work. You can hedge your bets with a 10- to 20-year plan that will dramatically change democracy. Or you can continue with your ranting, hoping, and wishing that trifling changes happen 30 years from now.
Yeah, but Dave (14) . . .
. . . there’s no guarantee that your way will work.
I say: “So true. But how is going to wherever we are going working out for you?”
Yeah, but Dave (15) . . .
. . . I just can’t justify the time to build a new democracy. I’m very busy.”
I say: “You will need to put only 10 hours a month into this new democracy. That’s three movies or sporting events a month. Or maybe writing three less Medium articles. Isn’t that a better bet than hoping someone else will fix things? You can start right now!”
Yeah, but Dave (16) . . .
I say: “Time to interrupt again. You are not making much sense. You claim democracy cannot be fixed, yet you are trying to fix it. I’m giving you an alternative, and you won’t investigate it. It’s time for me to leave your circular logic.”
I also say: The USA is going to go through a period of civil unrest. Most of us will make it through these times. You can have a part in building the new USA for when the dust settles. By example, you can teach the world about a new democracy: a kinder, wiser democracy. Or you can let the victorious political force define that new USA for you.
Published on Medium 2023
