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limitations of fed power (was CLT&G Update: 29 Dec 98 (fwd)) (fwd)




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> Date: Wed, 30 Dec 1998 11:46:39 -0700 (MST)
> From: Jim Burnes - Denver <[email protected]>
> Subject: limitations of fed power (was CLT&G Update: 29 Dec 98 (fwd))

> > > >The entire point of a consitutional democracy is to avoid >centralization.
> > > >
> 
> That would be a valid point if we were living in that arrangement.  I
> like to be a little more specifc.  We are living in a democratically elected
> reprentative constitutional republic.

A representative democracy is still a democracy. The ONLY guarantee of limits
in ANY democracy is whether it is constitutional or not. That is the
defining issue because that is what limits and defines the governmental
structures. The defining issue is not whether it is representative or direct
but rather that it has a constitution. A constitution and a bill of rights
are in no way a requirement for a democracy (representative or direct). That
constitution is what prevents mob-rule.

> The point of that constitution is to shackle the tendancy of
> a bureaucracy from assuming authority over matters never
> assigned to it and using its enforcement powers to assure it.

Which is the point under discussion after all.

> Eventually the people, wallowing in ignorance, forget the 
> infraction and the bureacracy assumes de facto control.

That is a function of human psychology and not democracy. Blaiming democracy
for a function of human behaviour is more than a  little misleading. People
are social animals. It's gotten us this far and there is no reason to expect
a radical shift in human population dynamics in the near term. Really a moot
point. It is also the reason the constitution splits authorities, per the
9th and 10th, as it does. The fundamental aspect of a working democracy is
conflict, not cooperation as much of todays spin doctor press would have you
believe. And by conflict I don't mean spilled blood in the streets.

What is really amazing about it is that we have the intelligence to
recognize and deal with the trait at all.


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