Friday, February 22, 2008

The U.S. Constitution is Not Democratic-and Why That's a Good Thing

Another one from The Western Confucian.

Kevin Gutzman, author of The Politically Incorrect Guide to the Constitution, offers a brilliant critique of Sanford Levinson's Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). Oxford University Press, 2006.

Excerpt: "The reason why the U.S. Constitution is not structured in the way that a national constitution would be is that it was not intended to create a national government. Majority rule is impeded throughout the system precisely because the states wanted the federal government to be inefficient; they feared that an efficient (national) government would strip them of their reserved powers. Silly fear, right?

As Levinson and his ilk have given the federal government the powers of a national one, it is they who have introduced distortions into the system. The method of selecting a truly federal chief executive, for example, or solely judicial judges, would not be a matter of much concern. It is because Levinson and Company agree that presidents must have untrammeled authority in foreign affairs and federal judges rightly may legislate that the methods of selecting them established by the Constitution seem inappropriate — to Levinson and Company."

You can read the whole article on Taki's Top Drawer.

1 comment:

Cap said...

Hi Robert!

I have no intelligent comments to make to add to this post, just saw you noticed I had mentioned you on my blog so wanted to say hello.

I have escaped Southern California and now live in wintery upstate NY, about 15 miles south of Canada!

I'm a sportswriter (big shock there, since that was my sr. prediction) and you can read my articles by either visiting my paper's website 'watertowndailytimes.com' or just by doing a google news search for my name!

P.S. If Biola ever starts a football program I'm sure you'd make an excellent lineman coach!
Feel free to add your two cents to my blog anytime. Some of the others may not notice your comment because it was to an old post, I saw it because I get email notices when people respond!