Author Topic: Procedure Is Democracy: Why the Virginia Supreme Court Was Right to Strike Down the Redistricting Am  (Read 177 times)

0 Members and 1 Guest are viewing this topic.

Offline Luis Gonzalez

  • Hero Member
  • *****
  • Posts: 3,931
  • Gender: Male
    • Boiling Frogs
Procedure Is Democracy: Why the Virginia Supreme Court Was Right to Strike Down the Redistricting Amendment

The Constitution Still Matters Even When Your Side Loses

The Last Wire

The Virginia Supreme Court did not “overturn democracy.”

It upheld the Virginia Constitution.

That distinction matters.

The backlash to the ruling has focused almost entirely on emotion:
“the will of the voters,”
“voting rights,”
“democracy denied.”

But constitutional systems are not built on outcome alone.
They are built on lawful process.

No Virginian lost the right to vote.
No racial group was disenfranchised.
No ballots were denied.

What the court ruled was that the redistricting amendment itself violated Virginia’s constitutional amendment procedures once early voting had already begun.

The deeper question underneath the outrage is one America increasingly struggles to answer honestly:

Does the Constitution still constrain political power when the outcome is politically inconvenient?

My latest piece examines the ruling, the constitutional arguments behind it, and why many conservatives believe the court protected democratic legitimacy instead of undermining it.

— Gonzo

Read The Last Wire: Procedure Is Democracy

« Last Edit: Today at 02:00:24 pm by Luis Gonzalez »
"The growth of knowledge depends entirely upon disagreement." - Karl Popper

“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." - Frederic Bastiat

“You can vote Socialism in, but you’re gonna have to shoot your way out of it.” - Me

Offline Hoodat

  • Hero Member
  • *****
  • Posts: 40,484
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Jim Jones was a socialist Democrat.

Offline The_Reader_David

  • Hero Member
  • *****
  • Posts: 2,148
Actually, the decision did overturn democracy.  Restraining democracy is one of the points of the written constitutions we have, both Federal and state, and of an independent judiciary.  The Democrats would love to have popular votes in every state where they have a majority of the populace on their side redistrict Republicans out of Congress, institute their own policy preferences on every issue at least at the state level, regardless of any restraints in the state or Federal constitutions, impose censorship of their opponents, and the like.  All by democratic votes.

There is a reason the Founders gave us a republic, not a democracy.  Whatever you may think of Peter Thiel (and there are lots of reasons for folks on the right and the left alike to object to his views) his observation in his 22 point manifesto for Palantir that democracy and freedom are becoming incompatible is spot on.  I'm in favor of freedom, democracy (beyond what's needed in a mixed constitution to secure freedom) be damned.
And when they behead your own people in the wars which are to come, then you will know what this was all about.

Offline andy58-in-nh

  • Hero Member
  • *****
  • Posts: 6,353
  • Gender: Male
Progressivism is a collectivist political ideology that intrinsically rejects the idea of a stable Constitutional order in which government power is defined and limited, and process and procedure are elevated always above desired outcomes, regardless of their popularity.

Instead, Progressives begin their worldview with the proposition that the rights of citizens are defined not by God or human nature, but by government. For the collectivist Left, the overriding purpose of government is not to ensure liberty or property rights, but to pursue "equality" or "justice" in myriad forms, militating toward equal outcomes in all human endeavors.

Such outcomes are valued irrespective of individual ability, effort, or desire, with government performing an active role in ensuring such ends, most often through redistribution of goods and services from those who have greater amounts to those who have less.

The means by which these ends are employed cannot therefore be limited by processes and procedures that serve (for the Constitutional conservative) as necessary constraints upon government power.

By extension, and for those who desire the Progressive ideal of society, this means that a firm Constitutional order cannot survive where the primary purpose of government is to ensure equal outcomes.   

The very purpose of a Constitution is to establish government legitimacy, by defining and delimiting the structure of government and the powers of its various elements, by establishing processes and procedures for political representation and redress of grievances and by providing a mechanism for future changes.

All of these things are anathema to the Progressive, which is why they always and everywhere seek to avoid guardrails that frustrate their Utopian visions in the abstract sense, and their desire for power over others and access to their wealth, in the practical one.

Finally, political Leftists have had a demonstrated ability to enrich and empower themselves through both political intrigue and promises of unearned benefits to dependent constituencies.

These are the true fruits of a Progressive ideology that always fails as Utopian ideal, but given the imperfections of human nature, often succeeds as a practical means to even transparently corrupt ends. 
« Last Edit: Today at 04:31:38 pm by andy58-in-nh »
"If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people."    -Calvin Coolidge

Offline DB

  • Hero Member
  • *****
  • Posts: 11,710
Progressives simply want to "share" what someone else earned. And their share is never enough...
Those who can be made to believe absurdities can be made to commit atrocities. --Voltaire

Offline Free Vulcan

  • Technical
  • *****
  • Posts: 18,895
  • Gender: Male
  • Ah, the air is so much fresher here...
What is ironic is it's always the Rats that with all their lawyers and bureaucrats are masters of the regulatory and legal process jot and tittle. Yet they completely cut corners and ran roughshod over the process with this Virginia thing, which if it were Reps they would shred them in court.

Which is getting to be a pattern - they are increasingly becoming a bunch of naked mafia thugs doing political smash and grab and acting like they should get away with it. They should be politically curb stomped at every turn from here.
The Republic is lost.

Offline Bigun

  • Hero Member
  • *****
  • Posts: 37,525
  • Gender: Male
  • Resistance to Tyrants is Obedience to God
    • The FairTax Plan
Progressivism is a collectivist political ideology that intrinsically rejects the idea of a stable Constitutional order in which government power is defined and limited, and process and procedure are elevated always above desired outcomes, regardless of their popularity.

Instead, Progressives begin their worldview with the proposition that the rights of citizens are defined not by God or human nature, but by government. For the collectivist Left, the overriding purpose of government is not to ensure liberty or property rights, but to pursue "equality" or "justice" in myriad forms, militating toward equal outcomes in all human endeavors.

Such outcomes are valued irrespective of individual ability, effort, or desire, with government performing an active role in ensuring such ends, most often through retribution of goods and services from those who have greater amounts to those who have less.

The means by which these ends are employed cannot therefore be limited by processes and procedures that serve (for the Constitutional conservative) as necessary constraints upon government power.

By extension, and for those who desire the Progressive ideal of society, this means that a firm Constitutional order cannot survive where the primary purpose of government is to ensure equal outcomes.   

The very purpose of a Constitution is to establish government legitimacy, by defining and delimiting the structure of government and the powers of its various elements, by establishing processes and procedures for political representation and redress of grievances and by providing a mechanism for future changes.

All of these things are anathema to the Progressive, which is why they always and everywhere seek to avoid guardrails that frustrate their Utopian visions in the abstract sense, and their desire for power over others and access to their wealth, in the practical one.

Finally, political Leftists have had a demonstrated ability to enrich and empower themselves through both political intrigue and promises of unearned benefits to dependent constituencies.

These are the true fruits of a Progressive ideology that always fails as Utopian ideal, but given the imperfections of human nature, often succeeds as a practical means to even transparently corrupt ends.

 :bingo:
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Luis Gonzalez

  • Hero Member
  • *****
  • Posts: 3,931
  • Gender: Male
    • Boiling Frogs
Note to self: going forward, save yourself a lot of work and research. Post article title here and wait. The narrative will come!!

Winning!!  :beer:
"The growth of knowledge depends entirely upon disagreement." - Karl Popper

“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." - Frederic Bastiat

“You can vote Socialism in, but you’re gonna have to shoot your way out of it.” - Me