[lbo-talk] Scalia's nuts

shag carpet bomb shag at cleandraws.com
Wed Oct 28 03:31:48 PDT 2009


At 11:26 PM 10/27/2009, Carrol Cox wrote:


>Michael Pollak wrote:
> >
> >
> > To be fair, that is kind of true. A constitutional democracy is like a
> > constitutional monarchy: the constitution constrains what the sovereign
> > can do. That's what it means to have a constitution.
>
>I agree. I would add that the original point of of _disctatorrship_
>was to remove those constraints for a limited time under major
>emergencies. A Constituent Assembly also is a sort of dictatorship,
>because there are no constraints on it (aside, as John Adams remarked,
>from the constraints of wind and weather, or something like that. From
>one of the Cantos.)
>
>And if you read the Federalist Papers it is very clear that such
>constraint on popular will was the first and last goal of the designers.
>Everything else was mere mechanics.
>
>Carrol

Doug, isn't that the point you always make about your friend's book on the Constitution? The entire system of checks and balances was designed to both allow factions (both minority and majority) to flourish and then contain and constrain them.

http://www.constitution.org/fed/federa10.htm

shag



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