Monday, December 26, 2005

What Constitutes Morally Legitimate Government?

What makes a system of governance morally legitimate?

Here in the US, we're brought up not to think of such things. We're brought up to understand why our system is as it is, never to critique it. The Framers of the Constitution got it right back in 1787... end of story. If everyone believed that to be true, we'd still have slavery and women would be deprived of the vote.

I believe that each generation has a moral obligation to critique our system to determine how it can be improved. As a nation we should be grateful for the moral courage of past generations to fight for reforms. But is our generation failing this task?

What questions should we be asking? What standards should be used to measure moral legitimacy?

I subscribe to the simple test put forth in the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

What's most relevant to this discussion is this phrase: "Governments are instituted among Men, deriving their just powers from the consent of the governed..."

But just how is that consent measured? What principles should a morally legitimate government embody?

This is tailored for the US political system. I believe the following democratic principles are essential:

* Legislators represent people, not trees or acres.
* Legislators are elected by
voters, not farms or cities or economic interests.
* One person, one vote.
* All votes are of equal weight.
* Minorities should have their interests protected though constitutional protections... NOT by granting them a bigger vote.
* There should be a strong culture of civic responsibility.
* Majority rules but sizeable minorities have institutional tools to obstruct the majority.
* Citizens have the right to vote their conscience and receive some representation in government.
* No citizen can be deprived of their vote.
* Citizens have the right to vote their conscience and NOT worry about the so-called "spoiler" effect.
* Electoral/political systems must accurately measure and reflect the will of the People.
* Electoral/political systems must encourage maximum citizen participation in elections.
* No candidate should win an election with less than 50% of the vote.
* Amending our Constitution should require a high bar, but not one so high that it makes the Constitution virtually reform-proof.


I also believe:

* Freedom of the press as an individual right is insufficient. The media must serve as the marketplace of ideas presenting all political perspectives not just the corporate/two-party viewpoints.
* The media must be free to serve as a counterweight to government.
* Money corrupts the democratic process and its influence should be limited.

I'll try to comment on each point in follow-up articles.


ulTRAX

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