What is “Majority Rule” and is it a good idea?

A rumination on why I think “democracy” has to mean more than “majority rules” or “the favorite wins”—even when only a single candidate or proposal is being chosen.

The possibility of Condorcet “cycles” infecting the preference-rankings of groups is pretty well known by now—especially since Arrow’s impossibility theorem. The idea is that a group entirely composed of individuals whose preference-rankings are transitive may end up liking (as a group) A more than B, B more than C, and C more than A. This can happen because different sub-groups make up the three aggregate ratings. This (and other voting paradoxes even involving pairwise comparisons and Borda counts) have led some observers to denounce majoritarianism. Such critics consider it either an approach that can’t provide unambiguous winners when there are more than two choices, or worse, something that unambiguously provides the wrong answer.

Now, as I look at these matters, there are at least two essential characteristics of fair democratic choosings. First, they are egalitarian in this way: they must, to use the old Benthamite language, “count each vote as one and none as more than one.” That is, they cannot countenance weightings of most kinds, whether they are considered to follow from any rankings (cardinal or ordinal) of the voters or from any external assessments regarding the value of this or that vote or voter. Second, they are egalitarian in another way: the authority granted winners of elections must, in some rational manner, reflect ratios involving both the number of eligible voters and number of votes received. (I will not take up this latter requirement in this OP.)

While simple majoritarianism seems to share both of those desiderata, I take it that the latter (my own view) can’t rightly be characterized as a majoritarian position itself because it does not accept what is commonly known as “the majority criterion.” What is that? It simply requires that If there exists a majority that ranks a single candidate higher than all other candidates, that highest-rated candidate must win. As will be seen, there are good reasons for those with sound democratic principles not to join with majoritarians on this matter. In any case, the (let’s call it) “Egalitarian Proportional Democracy” I’m pushing for here shares with majoritarians the views that political actions and offices must be taken and distributed on the basis of the number of voters who want or don’t want something, rather than on how much they want them (as well as on the other matter that I’m not planning to discuss here). But surely that doesn’t tell us very much. Can at least the egalitarian portion of my description of Egalitarian Proportional Democracy be fleshed out? Let me try.

Suppose eight people are having a party and are trying to decide what soda to bring. [Based on an FMM comment, I add here the assumption that, for whatever reason, it would be a major hassle for there to be more than one choice of soda at the party.] And let there be four possible choices: Cola, Lemon-Lime, Orange and Root Beer. There’s no unanimity among the revelers, so, being the good (small-d) democrats they are, they think that the majority ought to have its way and plan a vote to decide the matter. Here is the result when they are asked to give their favorite (here designated with ‘X’):

          A  B  C  D  E  F  G  H
Cola   X  X  X
L-L                  X  X
Orange                     X  X
RB                                    X

As can be seen, while Cola receives a plurality of the vote, no flavor gets a majority. One member therefore suggests a run-off with the first and tied-for-second contenders only, leaving off RB all together since it did so poorly. Here are the results of this run-off election (with ‘A’ indicating an abstention):

           A  B  C  D  E  F  G  H

C         X  X  X                    A
L-L                    X  X            A
O                               X  X   A

This vote didn’t help: there has been no movement at all because voter H absolutely loathes all the flavors except RB and refuses to pick any of the others as a passable choice for the party.

The revelers aren’t completely stuck though, because there are other voting possibilities. Let us suppose that, like me, this group has no truck whatever with the inter-personal assessments of preference intensities required for cardinal ordering, and that they are also skeptical of ordinal rankings to the extent that those assume similar “distances” between preferences. They think, that is, that there could be a huge divide between one person’s 1st and 2nd choices, and hardly any at all between another ranker’s 1st and 2nd picks.

Fortunately, two members of this group have been regularly assaulted by emails from voting reform organizations: one, from a group that pushes Approval Voting (“AV”), and another that favors Score Voting (“SC”). Those two discuss the matter with the other six party planners and the SC advocate is able to convince everyone that they can exclude all the questionable preference weights by using the following scale:

FAVORITE……………………………………………………………………4 PTS
GOOD ENOUGH (WOULD DRINK IT IF AVAILABLE)………………….3 PTS
PASSABLE (NEVER HAD BUT WD TRY IT IN A PINCH)……………..2 PTS
NOT OK (NEVER HAD & WON’T TRY EVEN IF THIRSTY)…………..1 PTS
REALLY DISLIKE………………………………………………………….. 0 PTS

The AV supporter is on board with undertaking a new vote that would use this scale, but only if the assignments of 4, 3, or 2 points are counted as “Approvals”—meaning that the voter can “live with” the choice. This is agreed upon as well, and the third vote is taken. For ease of counting, I represent the approvals here with an “(A)”:

           A        B      C       D       E       F       G       H     TOT.     Apps
C      4(A)   4(A)   4(A)   2(A)   2(A)   1        0        0      17        5
L-L     2(A)   2(A)   2(A)  4(A)   4(A)  2(A)  2(A)     0      18        7
O       3(A)   2(A)     0     3(A)   3(A)  4(A)  4(A)     0       19       6
RB     3(A)    0        0      0        1      3(A)  2(A)     4(A)   13       4

As can be seen, while the Plurality victor was Cola, the SC winner is Orange and the AV winner is L-L!

Perhaps it will seem that this embarrassment of “winners” is the result of the weirdness of there being so many “never tried it” votes with respect to what seem like common carbonated drinks. But it is important to realize that an attitude of “I really don’t know much about her (or it).…” toward political a political candidate or proposal isn’t unusual at all. Look at the results above again, but this time, think of it as a political election for a representative, with each coming from a different Party. (Perhaps replace “Cola” with “Corporatist”; “L-L” with “Liberal”; “Orange” with “Outsider” and “RB” with “Republican”.) This may make it clearer that there can be a large number of decisions in which the assignment of one or two points (approval or disapproval) will largely be a function of the varying amounts of risk that voters are willing to take. Some people will be OK with this or that relatively unknown candidate or proposal; others will not be willing to take any chances.

Keeping all this in mind, which “winner” will the authentic egalitarian support in this election? The Corporatist, because he is the favorite of the largest number of voters? The Outsider, who got the highest score? Or the Liberal, who most voters found to be minimally acceptable? In my view it is the number of approving voters that the sensible democrat must take to matter most. Just as we ought not to be stuck at parties with nothing we can stand to drink, we ought not to be stuck with ruler/representative A when more people among us can stand candidate B. On this view, if it is to be used to determine what “the people” do or don’t want, majoritarian/egalitarian-style aggregation should be understood as the counting of approvals, where each person’s approval is given the same weight as everyone else’s, regardless of how enthusiastic or tepid it is. That tack definitely seems more conducive to stable regimes than one in which candidates that a ton of the populace don’t approve of get to take office.

That is my current take on the matter. I recognize that I have here avoided all of the complicated issues surrounding strategic voting and how that is likely to affect results (if you’re curious, see the Wikipedia article on “Approval Voting.”) Anyhow, I look forward to comments to get a better handle on this. Thanks.

287 thoughts on “What is “Majority Rule” and is it a good idea?

  1. Allan Miller,

    You had to mention it

    I made an appointment just before Christmas to apply for French residency (previously unnecessary under EU rules) and it was set for 28th January. It was cancelled due to Gilet Jaune protestors trashing the govt office and a breakdown in communication meant me having to remake the appointment. Earliest date available – September! No need to panic.
    😱😵😨😰

  2. Allan Miller:
    In a referendum, there is no candidate – someone else has to deliver on promises made; people can say what they like. So there, more than anywhere, questions on ballots need careful design, and thresholds set to guard against deep division on close votes. If ever there was a question that should not have been a simplistic 50% binary …

    But, what’s the answer? We’re where we are and we can’t go back in time.

  3. Question for USians! Now Trump has the judiciary in his pocket and is unafraid to use his power to declare a bogus national emergency, what’s the chance of President-for-life Trump?

  4. Alan Fox: But, what’s the answer? We’re where we are and we can’t go back in time.

    I don’t think that places us under any obligation, though. The naivete of the question, the dubious nature of the campaign and the closeness of the vote are significant parts of the political landscape, not things that demand shrugging acceptance.

    My own preference would be another vote when the exit terms are known. The last should not be regarded as a blank cheque. Of course there’s an inherent contradiction there, but it’s no more contradictory than the argument that voting is a once-only thing, or that all majorities have the same weight.

  5. Brexit is now in a Concordet paradox: there is no majority (neither in Parliament, not in the country, if the polls are to be believed) for any possible course of action. Whatever the outcome will be, there will be more people against it than in favour.

    If the majority criterion fails to decide on the outcome, what then?

    One solution in such situations is to progressively eliminate the least desired outcomes through stepwise ballots, where each time the least favoured option (of all options remaining) gets eliminated until there are only two left. This will result in a final majority for one specific course of action. This could be streamlined to eliminate all but the two top options in the first round, with a final ballot in the second round. I believe this is how the French elect their President.

    I can’t see this happening in the UK though.

  6. faded_Glory: I believe this is how the French elect their President.

    That worked well, utterly obliterated any meaningful opposition and resulted in a meandering autocracy.

    ETA and the Gilets Jaunes protests, also largely ineffective.

    I can’t see this happening in the UK though.

    It won’t ‘cos tradition, history, nanny knows best.

  7. walto: I agree with a lot of that, too, timothy.

    I am not sure if the purpose of the OP is to examine an interesting intellectual problem in mechanisms of voting or to propose better methods to improve existing democratic states.

    If practical improvement, it seems to me that it is more important to first get right many other things, for example: voter id laws, gerrymandering prevention, access to voting, electoral security and auditability, ensuring governments can take legislative action and not be deadlocked by over-complicated checks and balances, funding of elections, and how much of the judiciary-appointment process should be political.

    It may just be my ideological background, but I do think that the British parliamentary system as implemented here in Canada for example, is superior or at least equal to the US system in all of those areas.

    I do have doubts about layering proportional representation on top of these systems, as it proposed from time to time. On the other hand, a real third party choice makes possible minority governments which can be constructive.

    Another challenging area is the role of parties versus one person-one vote in choosing candidates

    On federalism: I doubt anyone will deny the need for city governments for local concerns such as transit, garbage, snow removal. Intermediate levels such as provinces are still helpful in geographically large countries like Canada to deal with geographically-based diversity of needs and views. I do think that cities need to gain more power: we have issues here in Ontario with the provincial government trying to take control of city issues.

    There is also the role for provinces to provide smaller scale experiments for new policies, such as climate change policies in here in BC or in California.

    In the longer term, it seems to me decentralization, not centralization, is the message of technologies like the internet.

  8. Alan Fox: You mistake me, Sir. I’m not shrugging, I’m not accepting and I’m not there!

    I know, I was declaiming from my soap box!

  9. faded_Glory:
    Brexit is now in a Concordet paradox: there is no majority (neither in Parliament, not in the country, if the polls are to be believed) for any possible course of action. Whatever the outcome will be, there will be more people against it than in favour.

    I’m inclined to think there is likely a slim majority for Remain. Demographics alone may have swung that, but if the clear choice is against ‘no-deal’, that may change the minds of those who expected Norway, Canada++ or Switzerland deals, all of which come at a political cost. Ditto those who wish to sever all ties – each thinks the talismanic ‘17.4 million’ voted for what they themselves want. In reality, ‘don’t-remain’ is split.

    Only one way to find out, of course!

  10. This is an unexpectedly great conversation.

    I forget that not only do folks here represent very different religious and political persuasions but also experience with different democratic governmental systems.

    Thanks everyone. The perspective is fascinating

    peace

  11. I’m thinking that any system can and will be gamed.

    The choices are not static , like ice cream flavors. Political choices are embodied in people who can dodge and weave, adapt and transform.

    The defining characteristic of a non-brittle, stable dynamic government is resistance to takeover by a single faction or party. What people decry as tragic when someone they hate wins, is, I think, a wonderful thing. Opposition is essential to prevent descent into totalitarianism.

    The worst outcome I can think of is transition to a system that is efficient. I don’t care if the trains run on time.

  12. Allan Miller: In reality, ‘don’t-remain’ is split.

    Almost any ballot measure or piece of legislation is subject to this sort of framing problem. If you parse the the language just right you can get a majority for all most anything.

    Passions are another problem. Support for any particular candidate or measure will fluctuate over time sometimes wildly and unpredictably.

    The inefficiency of government serves as a check on these sorts of things. I don’t think we would like direct democracy…..for long.

    Jefferson was right on this one

    quote:
    Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed.
    end quote:

    peace

  13. Alan Fox:
    Single transferable vote is fairer than gerrymandered boundaries with simple majority rules. Better when combined with ease of voting making required voting acceptable. Why not on line voting? Why not a real time output of votes cast?

    I like STV, but as mentioned above, I like SNTV better. And, as indicated in the OP, I like Approval Voting too. Online voting also seems sensible to me–though it, too, can be abused.

    One thing to consider is that recourse to what is “fairer” require fleshing out of that term. FMM says small districts are “fairer.”

  14. petrushka: Why do we have anti-trust laws? My take is that monopolies rise because they provide some desired service or commodity, but eventually become exploitive.

    Kings and dictators are efficient, but no longer popular. Why?

    I think all positions of power eventually become corrupted, because there is a natural ratchet. You can have a well managed and benevolent government, but eventually, a bad person or two gains a foothold. Almost by definition, they will take steps to maintain their power. They will hire and promote loyal subordinates.

    It may take time, but eventually the entire system is corrupt. Those of us wo are not Catholics can see the church’s failure to prevent child abuse or to remove abusive priests. The same phenomenon has recently been exposed in the Southern Baptist church. I am not the least bit surprised, because I worked in protective services.

    This phenomenon can be generalized. There is no magic way to prevent corruption.

    But it makes no sense to put all your eggs in one basket. The smaller the unit of power, the easier it is to fumigate.

    I realize this is a sloppy presentation. But people would be wise to read about the history of democracy

    Thanks. I said in the comment above that FMM takes decentralization to be “fairer.” That may not be right, though. It seems like both he and you are push it based on utilitarian considerations. I.e., Big governments tend to make bigger messes, so it’s in everybody’s interest to keep them small. Certainly, those types of arguments are more susceptible to empirical confirmation than appeals to, e.g., “fair representation.”

  15. Allan Miller:
    Interesting.

    We are subject to a spectacular abuse of democracy at the moment – as I’m sure you’re aware. In a simplistic referendum in 2016, the entire group of UK nations was pooled and asked the question ‘Leave’(the EU) or ‘Remain’, with a 50% threshold for implementation. The turnout was 34 million, the excess for Leave 51.9% – a swing of just 700,000 would wipe it out.

    Many consider it ‘the greatest democratic exercise the country has ever undertaken’. Guess which side they are on? Our own PM has averred that failure to implement would be ‘a gross betrayal of democracy’. The same line is taken against proposals to put it back to the people, which is quite a spectacular logical contortion straight out of Orwell. Scotland and Northern Ireland were firmly for Remain, but outvoted by the numerical superiority of England and Wales. They aren’t happy, giving hope to separatists. The icing on the cake is that the Unionist DUP, a NI pro-Brexit anti-reunification party with 10 MPs, holds the balance of power in Parliament.

    With 40 odd days to go, we still don’t even know what kind of ‘Leave’ we are going to get. Because the ballot was silent on that matter, it is often assumed that a vote for Leave was a vote for any of them, while everyone insists that the ‘17.4 million’ all wanted the same version as they. Our representatives nearly all insist that the referendum must be ‘respected’. Some people go so far as to argue that any parliamentarians opposing this should be deselected – a very uncomfortable position to my mind, starkly illustrating the tyranny of the majority. There are death threats, and dark warnings of civil unrest.

    And so, however unsatisfactory the actual outcome is to either side, we must implement some version of Leave. We are paralysed by this. Consider it a cautionary tale: How Not To Do Democracy.

    A lot of literature on democratic theory these days involves why there must be “deliberation” of some kind or other for results to be palatable. On that view, initiatives and referenda aren’t very good ideas. One also sometimes sees calls, like Alan has made here, for some kind of online discussion. (God knows we do a nice job of that here!). My own sense about Brexit, for what extremely little it’s worth is that democracies have to allow the ability for voters both to object to how their “will” is being carried out by recalling positions or representatives, and to change their minds. I mean there should be time constraints on that sort of thing so that there aren’t weekly plebiscites, and maybe the requirements for getting something on the ballot should be more difficult than the original elections. But it has to be possible, I think.

  16. Allan Miller:
    In a referendum, there is no candidate – someone else has to deliver on promises made; people can say what they like. So there, more than anywhere, questions on ballots need careful design, and thresholds set to guard against deep division on close votes. If ever there was a question that should not have been a simplistic 50% binary …

    Well, I personally don’t like “supermajority” requirements. They just allow minorities to win. But referenda initiatives seem to me particularly bad ways to determine public policies. They should be reserved for reversing a government position or throwing some bum(s) out, IMO.

  17. What if the vice president was the candidate with the second highest number of electoral votes? That, coupled with the vice president’s tie-breaking role in the Senate would be a sight to see!

  18. Alan Fox:
    Question for USians! Now Trump has the judiciary in his pocket and is unafraid to use his power to declare a bogus national emergency, what’s the chance of President-for-life Trump?

    I make it maybe 40% that if/when he loses in 2020, he claim it was fixed and won’t leave office. I’m not sure he actually wants to be president for life, but he’ll never admit that he lost an election.

  19. Mung:
    What if the vice president was the candidate with the second highest number of electoral votes? That, coupled with the vice president’s tie-breaking role in the Senate would be a sight to see!

    A bit more parliamentary than our system.

  20. Alan Fox:
    Why does an experiment in democracy often result in military dictatorship? Who guards the guards?

    Great point!
    This proves that democracy is just a name, especially when the “democratic country’s” economy is based on arms production and use…
    Due to that a steady number of arm conflicts is required or cold war, or both…or terrorism to keep people in constant fear so that they support the so-called democracy…

  21. No offense to walto but I’m confused why this OP is published at TSZ, and even more, why it is featured…

  22. BruceS: I am not sure if the purpose of the OP is to examine an interesting intellectual problem in mechanisms of voting or to propose better methods to improve existing democratic states.

    I’m interested in all the stuff you mention in your comment, but lean a bit toward the more theoretical/less practical stuff, perhaps largely out of hopelessness. I find thinking abstractly about “constitution building” extremely interesting, but it’s not, as you point out, likely to be very useful if it leaves out the practical side.

  23. faded_Glory:
    Brexit is now in a Concordet paradox: there is no majority (neither in Parliament, not in the country, if the polls are to be believed) for any possible course of action. Whatever the outcome will be, there will be more people against it than in favour.

    If the majority criterion fails to decide on the outcome, what then?

    One solution in such situations is to progressively eliminate the least desired outcomes through stepwise ballots, where each time the least favoured option (of all options remaining) gets eliminated until there are only two left. This will result in a final majority for one specific course of action. This could be streamlined to eliminate all but the two top options in the first round, with a final ballot in the second round. I believe this is how the French elect their President.

    I can’t see this happening in the UK though.

    As my OP suggests, I think use of Approval Voting is a better approach than successive pairwise contests.

  24. Allan Miller: I don’t think that places us under any obligation, though. The naivete of the question, the dubious nature of the campaign and the closeness of the vote are significant parts of the political landscape, not things that demand shrugging acceptance.

    My own preference would be another vote when the exit terms are known. The last should not be regarded as a blank cheque. Of course there’s an inherent contradiction there, but it’s no more contradictory than the argument that voting is a once-only thing, or that all majorities have the same weight.

    I don’t think there’s any contradiction in the calls for another vote. It seems to me, on the contrary, that good democratic practices will often require stuff like that. Groups, like people, get new information, change their “minds” etc.

  25. J-Mac: This proves that democracy is just a name, especially when the “democratic country’s” economy is based on arms production and use…
    Due to that a steady number of arm conflicts is required or cold war, or both…or terrorism to keep people in constant fear so that they support the so-called democracy

    Democracy will be “just a name” if we explain it simply by pointing to a bunch of countries–current or historical–and say, “well, these are the democratic countries.” To me it seems more interesting to try to figure out what the concept actually requires, since, as you say, most of those examples are not happy.

  26. J-Mac: No offense to walto but I’m confused why this OP is published at TSZ, and even more, why it is featured…

    It’s featured because otherwise your OP would have been at the top of the page not walto’s. I found walto’s to be far more interesting and likely to generate conversation. Sorry. 🙂

  27. walto: Democracy will be “just a name” if we explain it simply by pointing to a bunch of countries–current or historical–and say, “well, these are the democratic countries.” To me it seems more interesting to try to figure out what the concept actually requires, since, as you say, most of those examples are not happy.

    OK. But since democracies are not really democracies, how are you going to implement the concepts even if you manage to figure out what they are missing?

  28. Mung: It’s featured because otherwise your OP would have been at the top of the page not walto’s. I found walto’s to be far more interesting and likely to generate conversation. Sorry. 🙂

    Fair enough! That definitely says something about my OPs…

    But how is it related to what we usually discuss at TSZ?

  29. J-Mac: OK. But since democracies are not really democracies, how are you going to implement the concepts even if you manage to figure out what they are missing?

    These sorts of changes would be hard to implement, certainly. There are any number of organizations set up to reform democratic practices in this way or that. FairVote is one. They’ve been successful in bringing ranked voting to Maine. But it’s extremely hard for such groups to get traction, partly for the reasons petrushka has been mentioning.

  30. Mung: And the way the framers of the constitution originally set things up.

    I hope you’re not offering that gang up for canonization! Read Charles Beard before you do that!

    (Hmmm. I wonder if you’d have been an anti-Federalist or a Tory in those days…..)

  31. Mung: It’s featured because otherwise your OP would have been at the top of the page not walto’s. I found walto’s to be far more interesting and likely to generate conversation. Sorry. 🙂

    Thanks, but I warn you….my OPs generally don’t do very well on the generation-of-comments front. People mostly just want to talk about evolution here. It’s kind of this place’s thang.

  32. walto: I’m interested in all the stuff you mention in your comment, but lean a bit toward the more theoretical/less practical stuff.

    The mathematics of voting should be inherently interesting to me, given my education and continued interests.

    But choosing appropriate math seems to depend on how you define optimal. So I suspect discussions of that norm, not the algorithms themselves, are at the heart of the matter.

    Our current federal government made a 2015 election pledge to revisit FPTP voting.
    https://www.cbc.ca/news/politics/monsef-electoral-reform-changes-referendum-1.3428593

    This was another area where BC was the experimenter province for Canada
    https://en.wikipedia.org/wiki/2018_British_Columbia_electoral_reform_referendum

    But the federal government backed away after doing public consultations. I suspect changing the optimality norm in a way that was acceptable to most people was the root cause.
    https://www.macleans.ca/politics/ottawa/trudeau-abandons-promise-for-electoral-reform/

    Legalizing marijuana turned out to be much simpler.

  33. BruceS: But choosing appropriate math seems to depend on how you define optimal. So I suspect discussions of that norm, not the algorithms themselves, are at the heart of the matter.

    Yes, exactly.

  34. Neil Rickert: Alan Fox: Another method for getting your way is to buy the election and then stuff the judiciary with cronies.

    That’s the American way.

    It is. And figuring out a way to even slow down election buying is very tough here since Buckley v. Valeo (1976) which, people forget, is a much bigger problem than Citizen’s United.

  35. Incidentally, on the question of Trump leaving office (aka whether “it CAN happen here”), it’s instructive to see writing, by “Hitler’s favorite jurist” Carl Schmitt, and think about how many words in it would have to be changed in order for a majority of Trump supporters to be in complete agreement with it.

    THE CONSTITUTION OF FREEDOM
    Carl Schmitt
    Originally appeared as Carl Schmitt, “Die Verfassung der Freiheit,” Deutsche Juristen-Zeitung40 (1935): 1133–35.
    On 15 September 1935, when the party met under the motto of freedom[Reichsparteitag der Freiheit], the German Reichstag passed the statute on
    ― 324 ―
    the Reich’s flag [Reichsflaggengesetz], the statute on Reich citizenship [Reichs bürgergesetz], and the Statute to Protect German Blood and German Honor [Gesetz zum Schutz des deutschen Blutes und der deutschen Ehre].
    This Reichstag was something different and more than the parliament of a constitutional compromise, and thus its laws are also something different and more than the products of the discussions and coalitions of a multiparty system. The Reichstag assembled at the party conference was the German people itself, led by the National Socialist movement and following the Führer Adolf Hitler; its laws embody the first German constitution of freedom in centuries.
    For centuries, instead of freedom the German people had only liberties [Libertäten] or liberalism. The liberties of the German constitution of the seventeenth and eighteenth centuries guaranteed the national disunity of our people to beneficiaries of this sad state in domestic and foreign politics. The liberal freedoms of the constitutions of the nineteenth century were used by the international powers to elevate the religious and class disruptions of the German people to a basic right. Thus constitutional freedom became a weapon and motto for all Germany’s enemies and parasites. But we have seen through this deception. We have realized that liberal constitutions become typical camouflages for foreign domination. A people can have the most liberal constitution in the world and still be but a herd of rent and wage slaves. And a constitution can, as is our experience today, be notorious and ridiculed as medieval by all of international liberalism and Marxism, and in that very way give evidence that a people has found its own way and freed itself from foreign spiritual domination.
    For the first time in many centuries, the concepts in our constitution are once again German. We do not wish to disparage our liberal ancestors. They were German and belong to us. Even through the errors of their liberal views, their German substance is recognizable, and the voice of German blood can often be heard. Which German lawyer today could not distinguish a Lorenz Stein from a Stahl-Jolson, a Rudolf Gneist from a Lasker, a Rudolph Sohm from a Friedberg? With reverence we carry on the black-white-red, the colors of the Second Reich consecrated in the war. But we cannot carry on the legal and constitutional thinking of our liberal fathers and grandfathers. It was completely entangled in the conceptual net of un-German systems. What they saw as constitutional law was a reception of Anglo-French law. They confused German freedom with the program of a progressive party, and concealed the compromise between the bourgeoisie and the monarchic legitimists with neutral general concepts. Their constitutions were merely constituted; their Reichtag s and Landtag s were parliaments. Their citizen was an unsuccessful copy of the citoyen. Their constitutions did not speak of German blood and German honor. The word “German” appeared only in order to
    ― 325 ―
    emphasize that “all Germans are equal before the law.” But this sentence, which would have found its correct meaning in a concept of “German” that aims at substance and recognizes the people, instead served to treat aliens in species and Germans equally and to view anyone who was equal before the law as German. Thus the nation became the sum of its citizens, and the state an invisible legal person. Is it any wonder that the flag of national-liberal Germany was a juxtaposition of colors, corresponding to the pattern of the tricolor, lacking the power of a true symbol?
    Today the German people has—in the legal sense as well—become the German people again. Under the law of 15 September, German blood and German honor are the main concepts of our law. The state is now a tool of the people’s strength and unity. The German Reich now has a single flag—the flag of the National Socialist movement—and this flag is not only composed of colors, but also has a large, true symbol: the symbol of the swastika that conjures up the people.
    A further constitutional decision was made at the party conference: Should the current regulation of the situation of the Jews not lead to its goal, the Führer has mentioned the possibility of fresh scrutiny and suggested that resolution of the question would then be transferred by law to the party. This is a serious warning. It declares the National Socialist German Workers Party the guardian of the sanctuary of the people, the guardian of the constitution.
    The foundations of our national order have now been established: the German people, with its Führer as head of state and supreme judge of the nation; the order of the National Socialist movement as guardian of our constitution; the German Wehrmacht, with the Führer as supreme commander. Thus great tasks are at hand for German lawyers. As the German legal profession [Rechtstand], we must protect the right of the German people established in those statutes. The warning of the Führer is
    addressed to us as well. Our law must not fall victim to the heartless demon of degeneracy. Those statutes must not become merely the preambles of future implementing provisions. Nor are they merely three individual important statutes among other important statutes. They encompass and pervade our entire law. They determine what we may call morality and public order, decency and good practice [gute Sitten]. They are the constitution of freedom, the core of our German law today. Everything that we German lawyers do gains its meaning and honor from them.

  36. BruceS: Legalizing marijuana turned out to be much simpler.

    The Canadian Government, Senate, elections etc.are certainly no free of corruption…
    Weren’t Liberals forced to bring on the board young Justin Trudeau after a major corruption scandal that took them out of power?

    BTW: Evolutionary prediction please! Will marijuana legal use contribute to evolution or will Darwin Devolve?

  37. walto: I make it maybe 40% that if/when he loses in 2020, he claim it was fixed and won’t leave office.

    I think that 2020 there is a good chance that there will be a split in the opposition to Trump between the eventual Democratic nominee who will be very progressive and a moderately progressive Howard Schultz in an independent bid.

    The same sort of thing happened last time around when the democrats had a bitter split between the establishment and progressive wings of the party.

    The republicans also had a split in the establishment/business/hawk wing of the party between Zeb Bush and Rubio and the evangelicals went with Cruz and the libertarians with Paul.

    Trump had the allegiance of lower class whites and this allowed him to pick off the opposition one by one.

    Almost everyone agrees that this election cycle was a cluster and an example of how not to do it.

    I think that instead of changing the way that we vote in the general election we should change our expectations of what a president is.

    If we did not think of the office as an all important zero sum proposition like the king of America we would be more likely to accept our second choice.

    The solution in my opinion is to devolve power more localy so that folks in Kansas are not so scared about what the government in far off DC can do to them.

    That approach might have worked with Hitler as well.

    peace

  38. fifthmonarchyman: The solution in my opinion is to devolve power more localy so that folks in Kansas are not so scared about what the government in far off DC can do to them.

    Again, your solution requires approval on a national level. How is support for it to be measured and obtained? If a majority disagree with you about it,, should there be some other method of obtaining the temperature of the country on it?

    Approval Voting is quite relevant to the Third Party and splitting issues you bring up. It’s a good way of finding winners who are actually “consensus” candidates.

    {I feel like I’m channeling VT if I suggest that it is unlikely that a majority of commentators here have actually read more than the title and maybe the first sentence or two of the OP–but it’s probably our own faults….} 😢

  39. walto: Online voting also seems sensible to me–though it, too, can be abused.

    How you ensure there is no pressure to vote a particular way from other household members would certainly be a problem. How that differs from postal voting which is on the rise with no reported problems (that I’ve heard), I’m not sure.

  40. walto: I don’t think there’s any contradiction in the calls for another vote. It seems to me, on the contrary, that good democratic practices will often require stuff like that. Groups, like people, get new information, change their “minds” etc.

    The contradiction is pointed up by people who ask ‘if you won’t accept the result of the first, why should we accept the second?’ So we’re perceived as in the position of both rejecting and supporting referendums. The reality is a little more nuanced, but many Brexiteers struggle with nuance.

  41. walto: I agree with a lot of that, too, timothy. (I don’t think FMM will find your anti-federalism very congenial, though: you too should go a few rounds on that issue here! Tell us why you don’t like decentralization!)

    I have no bias for or against “centralisation” as a principle. It seems to me to be a purely practical matter, and the arguments for or against are largely ideological (heh!). It makes no sense to have a national rubbish-removal service (excepting, perhaps, for nuclear waste). The example can be multiplied for many other services that have an inherently local organisation or requirement.

    However, there are many services that do demand a national or indeed international organisation. Health, education and welfare should be nationally organised, because citizens have a reasonable expectation that standards, efficiency and service quality should be the same, no matter where you choose to live.

    In effect, this is the contract at the heart of social democracy – that citizens agree to tax themselves to provide equitable access to social goods. And I would point out that this form of social organisation is probably the most successful political model in the history of our species (even in the United States).

  42. Allan Miller: The contradiction is pointed up by people who ask ‘if you won’t accept the result of the first, why should we accept the second?’ So we’re perceived as in the position of both rejecting and supporting referendums. The reality is a little more nuanced, but many Brexiteers struggle with nuance.

    There should be clear requirements for what is necessary to get a recall election on a ballot. The thing, is with “The British Constitution”–nothing is clear. It’s like improv.

  43. timothya: Health, education and welfare should be nationally organised, because citizens have a reasonable expectation that standards,

    The assumption of a shared national standard for these things fails in Canada: Quebec at least differs on all of them (for welfare, I am thinking in particular of pension plans).

    Changing the federal structure would require a constitutional amendment which would very likely lack voter support.

    It is fair that there be a national standard for transferability of health care benefits (given Canada’s single payer-provincial model), and that we do have.

    Our federal system does break down when it gives too much power to the provinces, eg in their ability to set inter-province trade barriers.

  44. timothya: I have no bias for or against “centralization”….

    Thanks. What I was particularly looking for, though, was a defense of the elimination of voting (rather than administrative) districts. FMM has pushed for more political decentralization by geographical region, and proportional representation generally frowns on that, both because of gerrymandering and because there’s no reason to suppose that people with like ideas always live together.

  45. BruceS: The assumption of a shared national standard for these things is false in Canada:Quebec at least differs on all of them (for welfare, I am thinking in particular of pension plans).

    It is fair that there be a national standard for transferability of health care benefits (given Canada’s single payer-provincial model), and that we do have.

    Our federal system does break down when it gives too much power to the provinces, eg in their ability to set inter-province trade barriers.

    Again, I’d like to hear the decentralization advocates (petrushka and FMM to date) on these issues….

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