In America, We the People, in ratifying the Constitution, bound ourselves to each other in a covenant to “provide” for the defense of liberty for ourselves and our Posterity:

 

Liberty is society's tolerance of Disruptive Minorities. This tolerance provides choices for Wisdom from the Many to sort between so society innovates to create the “general welfare”.

In contrast to liberty and the general welfare, we create governments to monopolize violence, to coerce compliance to laws. We bind our natural right to apply violence with laws and bind the violence the governing apply with Constitutions. Both must be enforced.

 

 

Democracy has two facets, one brilliant and one vile:

 

 

Democracy can check the abuse of power by the governing for the majority. But democracy leaves the minority defenseless against abuse of power by the governing and violence applied by a Tyranny of the Majority.

In America, Tyranny of the Majority accounts for slavery, annihilation of the American Indians, Jim Crow Laws, and mortgaging the liberty and labor of children in America for $59,734 each (July 16, 2016).

 

Debt is the tax on future labor imposed without consent. Parents and grandparents vote for Federal benefits that increase the national debt. The Federal government will apply violence to those children as they become adults to collect taxes to service our $18 trillion in debt. Worse, we vote for Federal infrastructure monopolies that create Civilization Killers of oil-wars, oil-dollar funded terrorism, Climate Change, etc.... Oil Famine seem unavoidable by 2019. The harm of our Tyranny will mostly on the young.

 

Majorities sacrifice minorities, even when that minority is their own children.

 

Plan of the Constitution to mitigate Tyranny of the Majority

After the Revolution, America's founding generation experience:

We the People replaced the Articles of Confederation with Constitution so the Federal government to accomplish a single purpose, effectively wage war and mitigate the paths to war, to "provide" for the defense of liberty. Read the Federalist Papers 1-46. It is the nature of the Federal government to wage war.

 

To limit war, we Divided Sovereignty. We gave the Federal government unlimited powers to tax for the limited sovereignty to wage war and prevent the paths to war.

We prohibited the Federal government from taxing to do more than "promote" the "general welfare." We enumerated the liberties sacrificed to the Federal government in the written Constitution. We retained all other liberties and sovereignties not enumerated to ourselves.

Federalist #51 (James Madison):

 

"It is of great importance in a republic not only to guard the society against the oppression of its rulers but to guard one part of the society against the injustice of the other part. If a majority be united by a common interest, the rights of the minority will be insecure."

Factions forming a majority and imposing tyranny on the minority was viewed as the greatest threat to the survival of republican, popular government.

 

Benjamin Franklin: "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!"

 

Thomas Jefferson: "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine."

 

John Adams: "Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."

 

John Quincy Adams: "Democracy has no forefathers, it looks to no posterity; it is swallowed up in the present, and thinks of nothing but itself."

 

Many factions in a large republic, having diverse commercial and other interests in the internal functioning of the States, was deemed essential to protecting Liberty from the ills of factions and the tyranny of the majority.

 

Federalist #10 (Madison):

 

“AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.”

 

“Hence it is that democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and in general have been as short in their lives as they have been violent in their deaths... A republic, by which I mean a government in which a scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking."

The defense of against Tyranny of the Majority was to be accomplished by as summarized in Federalist #9 and #10 by:

The 17th Amendment and the “Living Constitution” violate the written Constitution and sacrifice children to the Tyranny of the Majority. Unconstitutional Federal infrastructure monopolies, “internal improvements”, created a needful majority.

Federalist #10:

 

"the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression. If the impulse and the opportunity be suffered to coincide, we well know that neither moral nor religious motives can be relied on as an adequate control. They are not found to be such on the injustice and violence of individuals, and lose their efficacy in proportion to the number combined together, that is, in proportion as their efficacy becomes needful."

 

Federalist #45 (Madison):

 

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

 

 

Federalist #63:

 

"so there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn."

 

 

Correcting a Tyranny of the Majority, restoring liberty, is illustrated in communication infrastructure. For nearly a century, the majority supported the Federal communications monopoly. We loved our rotary dial telephones.

 

Liberty was restored in 1982 with the Federal communications monopoly being declared. A Disruptive Minority began offering choices of the Internet and cell networks. The Wisdom of the Many sorted these offerings. The "general welfare" was improved as nearly a century of rotary telephones under Federal monopoly was displaced by millions of job creating better services at lower costs.

Restoring liberty in communications was accomplished by the courts, not the Congress or the President. We must understand the limitations of democracy and how we can effectively use it by enforcing the written Constitution.

The Constitution as ratified and Amended by Article 5, creates a means to leverage the benefits of democracy and restrain its vile aspect.

Following is a 30 minute presentation on:

Tyranny of the Majority: Why we have Climate Change and Oil Wars from Bill James on Vimeo.

 

Related Papers