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Bess Hambleton's avatar

This is a really smart analysis. I have just one quibble, which is that I think there are very logical circumstances where a person might think someone else's Congressional representative ahould vote in keeping with that person's own views, in spite of the personal beliefs of that representative or the desires of their constituents. And I think it ties back to the heart of the point that is being made overall. That is: if I think that my view is better aligned with the rule of law, then of course that's the way I think the representative should vote.

For example, say a rep sponsors a "Citizen Justice" bill at the urging of their constituents, permitting a group of 12 or more adults to form an ad hoc investigation of an alleged crime, reach a conclusion about what they deem is in the immediate interests of justice, and meet out such punishment they hold to be appropriate to the crime. Proponents say this will reduce crime and make for more efficient enforcement of the law. Detractors say this is an attempt to legalize lynching. I would want that rep to recognize that the proposed law is very likely to be found unconstitutional and unenforceable, and that it's potentially harmful to minority communities not well represented by the majority of that rep's constituents. I might be saying that I want their vote to align with my preference rather than their own inclination or that of their constituents -- but in this case I have more of a reason then merely taking my own side, because the bill in question implicates deeper issues than mere policy preference.

Majority rule is not the same thing as the rule of law, for this very reason. We don't want governance be based on the whims of a majority that says "rules for thee but not for me." Lawmakers should first be held to the standard of honoring the Constitution and the foundations of the law, and then may consider policy preferences of themselves and their constituents. Which, again, really gets back to the main point of this piece.

Peter Fanchi's avatar

Well done Gabe. I am a boomer and have reaped the benefits of a generation before me that believed in self-sacrifice, compromise and teamwork. I'm distraught over the direction of our politics and society but am encouraged that someone of your generation sees what is going on and is speaking out about it.

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