Draft:Guardrails of Democracy: Difference between revisions
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*The [[Brookings Institution]] |
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*[[United States Chamber of Commerce]] |
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'''Guardrails and the US Supreme Court''' |
'''Guardrails and the US Supreme Court''' |
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== References == |
== References == |
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Revision as of 22:05, 9 December 2024
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Guardrails of Democracy
The term "Guardrails of Democracy" and its various permutations such as "Constitutional Guardrails" or "governmental norms", generally refers to the legal and social mechanisms that prevent Democracy from devolving into a non-democratic condition of tyranny such as authoritarianism and Totalitarianism or Anarchy. In this line of thinking, the citizen is most protected from government overreach, tyranny of the majority and extra-legal behavior in a duly constituted and healthy democracy.
The sentiment behind the term "Guardians for Democracy" dates to at least the 18th century where the American Founders wrestled with what a modern democracy might look like and how to sustain it. The original Greek concept of Democracy, according to Herodotus, dates to the 430s B.C.E.
The first contemporary use of the term seems to trace back to January 2021 when the Brennan Center for Justice published an article that called for "concrete progress in strengthening government." This was very shortly after the January 6th attack on the US Capitol. The underlying idea concerning the need for guardrails is not new but was catalyzed by the first Trump presidency and his attempts to overturn the results of the 2020 election. Earlier examples of guardrail stressors in the U.S. include FDR's Court Packing Plan. the 2004 reauthorization controversary over President George W. Bush's domestic intelligence program and the Watergate scandal.
Guardrail Examples in the United States
In the U.S., the guardrails are primarily found in the the Constitution and the body of domestic law and political practice that has developed since 1787. These include:
- Advice and consent
- Electoral Count Reform and Presidential Transition Improvement Act of 2022
- Federalism
- Free Press and the First Amendment
- Impeachment
- Judicial independence
- Limits on Presidential Power
- Posse Comitatus Act
- Presidential Succession Act
- Separation of Powers
- 22nd Amendment
Non-Governmental Guardrail Examples
- American Bar Association
- American Civil Liberties Union
- National Constitution Center
- The Brookings Institution
- United States Chamber of Commerce
Guardrails and the US Supreme Court
References
Bibliography
- Dean, John W., III The Nixon Defense, New York: Viking, 2004.
- Hall, Kermit L., Ed. The Oxford Companion to the Supreme Court of the United States, New York: Oxford University Press, 1992.
- Rakove, Jack N. Original Meanings, Politics and Ideas in the Making of the Constitution, New York: Knopf, 1997.
- Wright, Benjamin F., Ed. The Federalist, The Famous Papers of the Principles of American Government, New York: MetroBooks, 2002.