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'''Guardrails of Democracy'''
'''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 [[Citizenship|citizen]] is most protected from government overreach, tyranny of the majority and extra-legal behavior in a duly constituted and healthy 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 [[Citizenship|citizen]] is most protected from government overreach, tyranny of the majority (often associated with [[Populism]]) 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 [[Founding Fathers of the United States|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 sentiment behind the term "Guardians for Democracy" dates to at least the 18th century where the American [[Founding Fathers of the United States|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 6 United States Capitol attack|January 6th]] attack on the US Capitol. The underlying idea concerning the need for guardrails is not new but was catalyzed by the first [[Donald Trump|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 [[Judicial Procedures Reform Bill of 1937|Court Packing Plan]]. the 2004 reauthorization controversary over President [[George W. Bush]]'s domestic intelligence program and the [[Watergate scandal]].
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 6 United States Capitol attack|January 6th]] attack on the US Capitol. The underlying idea concerning the need for guardrails is not new but was catalyzed by the first [[Donald Trump|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 [[Judicial Procedures Reform Bill of 1937|Court Packing Plan]]. the 2004 reauthorization controversary over President [[George W. Bush]]'s domestic intelligence program and the [[Watergate scandal]]. Internationally, the starkest examples of where tyranny displaced participatory government are [[Nazi Germany]] and [[Fascist Italy]]. In this century, we have notable examples in [[Indonesia]] and [[Hungary]] where democracy is weak or under threat.


'''Guardrail Examples in the United States'''
'''Guardrail Examples in the United States'''
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*[[American Civil Liberties Union]]
*[[American Civil Liberties Union]]
*[[Carnegie Endowment for International Peace]] (International)
*[[Carnegie Endowment for International Peace]] (International)
*[[Freedom House]]
*[[German Marshall Fund]] (International)
*[[German Marshall Fund]] (International)
*[[Hoover Institution]]
*[[Hoover Institution]]

Revision as of 13:58, 10 December 2024

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 (often associated with Populism) 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. Internationally, the starkest examples of where tyranny displaced participatory government are Nazi Germany and Fascist Italy. In this century, we have notable examples in Indonesia and Hungary where democracy is weak or under threat.

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:

Guardrails and the US Supreme Court Reflecting the political swings of the country at large, the Supreme Court has fluid majorities yet, even then, its decisions can be unpredictable when viewed through the lens of political dogma. One bell weather that is frequently cited is Chief Justice and his party affiliation. Perhaps President Andrew Jackson's quote (perhaps apocryphal) in 1823 best sums up the role of the Court and the inherent tensions between the branches of government: "John Marshall has made his decision; now let him enforce it!"[1][2]

Guardrails and the US Congress To be an effective check on executive power, Congress must rise above partisan loyalties. Arguably, doing so has been the exception not the norm.

The propensity to put party before country manifested itself most recently and dramatically in the aftermath of the 2020 presidential elections. Today, about one third of those in Congress have publicly aligned themselves with the Election Denial wing of the Republican Party. These include:

Non-Governmental Guardrail Examples These are among the organizations that have a pro-democracy charter or a history of activities supporting good governance or participatory democracy.

References

  1. ^ Boller & George 1989, p. 53.
  2. ^ Miles 1973, p. 519.

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.
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