2011-02-09

The right to decide

An astute observer noted that of those supporting the proposed US constitution “many of them are possessed of high aristocratic ideas, and the most sovereign contempt of the common people” (Brutus Junior, The New York Journal, 8 November 1787, available as Antifederalist 38).
As if to prove Brutus Junior correct, a member of the Southern gentry (an aristocrat without a title) was explaining the purpose of the Senate and, after flattering his readers in The Independent Journal as being of superior vision, the writer had little respect for the ability of the common people (“We, the People”?) to make appropriate decisions:

To a people as little blinded by prejudice or corrupted by flattery as those whom I address, I shall not scruple to add, that such an institution may be sometimes necessary as a defense to the people against their own temporary errors and delusions … how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind? — James Madison, available as Federalist 63 (1 March 1788) [my emphasis].
James Madison’s previous tract had displayed other ways in which the common people could be prevented from electing the wrong people: senators were to be chosen by state legislatures, and not by the common people; and (as even state legislatures might choose unsuitable people) there were restrictions on who might be a senator: at least thirty years old, and a citizen for at least nine years. Expanding on the lack of trust the he felt for the common people, Madison emphasized the nature of the “senatorial trust” which required greater experience and personal stability, and age and length of citizenship were what was needed:
the senator should have reached a period of life most likely to supply these advantages; and which participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education. — James Madison, available as Federalist 62 (27 February 1788)
So who do you trust? After many years, and much discussion, the US Constitution was amended to stop senators being chosen by state legislatures (Amendment 17) trusting the people to make up their minds, but the age and citizenship barriers were not touched – incidentally, if you can be too young to be a senator, surely you can be too old?
Barriers to what is frequently termed “ballot access” are common in US elections, including provisions that favour the two major parties when selecting candidates. Letting the common people decide on who is the best person is avoided by restricting who is able to be a candidate: the people of Chicago should decide on who is to be their mayor through the ballot box but, because of rules restricting who can be a candidate (residency requirements), Rahm Emanuel was barred from running for mayor of Chicago (as reported in the Christian Science Monitor). Emanuel rightly said:
I do believe the people of the city of Chicago deserve a right to make a decision about who they want to be their next mayor [My emphasis].
The court’s decision was reversed on appeal.

Update 2011-02-25

More than half of the common people of Chicago who voted in the mayoral election chose Rahm Emanuel, so he was elected. Opponents had realized that this was the probable outcome, therefore they had interfered “to suspend the blow mediated by the people against themselves” (Madison) by trying to remove Emanuel from the list of candidates.

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