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Extensions of Remarks . 24062 · EXTENSlONS.OF kE'MARKS·l· July ·29," 19_68'. EXTENSIONS OF REMARKS DEMOCRACY, FREEDOM, AND THE There being · no objection, the essay tain the word or any word lending con­ was ordered to be printed in the RECORD, tenanceto it ..... CONSTITUTION It is interesting, and significant, that all · as follows: of the contemporary Communist States, the HON. STROM THURMOND DEMOCRACY, FREEDOM, AND THE CONSTITUTION most absolute tyxannles the world has ever (By Adm. Ben Moreen, CEC. USN (retired), known, call -themselves "Peoples Democ­ OF SOUTH CAROLINA Chairman, Board of Trustees, Americans racies.•• IN THE SENATE OF THE UNITED STATES for Constitutional Action) It is an historic fact that most majorities, even those which ostensibly reach their con­ Monday~ July 29~ 1968 In this era of national turmoil no words in the English language have been more used, clusions by "free democratic processes," are · Mr. THURMOND. Mr. President, Adm. and abused, than "democracy" and "demo­ controlled, more or less. • by a small group of Ben Moreen has prepared an excellent cratic." It is politically fashionable for am­ powerful men who are adept at manipulating essay entitled "Democracy, Freedom, bitious men to use them as embellishments mobs and influencing public opinion. The and the Constitution" whieh I heartily for demagogic pleas that they be granted practically unanimous votes in elections con- · recommend to my fellow Senators. unlimited personal power. They profess un­ ducted in the Communist oligarchies confirm dying devotion to egalitarianism, the doc­ this statement. The essay is particularly concerned trine that our people should be "equalized," Many perceptive citizens fear that our na- · with the implieations and uses of the even though this could be achieved, 1f at tion is now drifting into a kind of "demo­ words "democracy" and "democratic." all, only at a low level of inferiority. They cratic despotism" in which the individual · In recent times, these words have been hold, also, that "democracy" requires that will be subordinated to the control of un­ used so often that it would seem that the majority impose its wm on all, even to disciplined majorities dominated by ruthless they are, and were meant to be, incor­ the extent of seizing the God-given rights men. The antithesis of majority rule-is not porated in all the initial documents and of those who refuse to conform. Thus, they minority .rule; it is the principle of individ­ disclose their ultimate aim of concentrating ual liberty. To secure individual liberty our concepts ccmcerned with the founding all power in the hands of the Central Gov­ Constitution places restraints on majority and subsequent governing of this coun­ ernment in washington so that those in action. Lincoln spoke of our Republic as "a try. Actually, the opposite is true. control can re-make our social structure, majority· held in restraint by Constitutional As Admiral Moreen points out. the discarding all time-tested principles and checks and limitations." The conviction at words "democracy" and/or "democratic'' policies of our free society. They base their the center of our system is that each man do not appear in the Constitution of the pretensions on an alleged historical tradi­ has certain inherent rights which it is the United States or in the constitutions of tion that such "democracy" is the pattern duty of government to protect, so that even the States. In fact, it was the purpose of of government envisioned by our Founding as a minority of one he has immunities which· Fathers. no numerical majority may invade. No ma­ our Founding Fathers to establish a Re­ No such tradition exists. The words "de­ jority has the right, under our system, to public which would preserve individual mocracy" and/or "democratic" do not appear impose its religion on any minority, or to liberties and guard against an unre­ in the U.S. Constitution or in the consti­ impair its freedom of utterance or to de­ stricted democracy. The Constitution, tutions of the first forty-eight States of the prtve it of property. But the new dispensa­ making no reference to democracy, pro­ Union. I have not as yet studied the con- · tion holds that the majority is almighty; vides "the United States shall guarantee stitutions of Alaska and Hawaii. No doubt, all it need do is gain control of government to every State in the Union a Republican the authors of our great charter were in­ in order to have legal sanction to work its , fluenced by Plato's classic warning that un­ will on the rest of the nation. Majority de­ form of Government." restricted democracy must degenerate into cision at the polls is an excellent way to Many of our Founding Fathers, such dictatorship and by the philosophy of Ed­ choose political administrators, but it is a as James Madison and Benjamin mund Burke, who had stated, "A perfect violation of the moral law for the majority to Franklin, were most concerned about democracy is the most shameless thing in vote away any part of anyone's freedom, the government of this country remain­ the world." Having succeeded in freeing except temporarily, in an emergency, as this ing a republican form and feared the themselves from the thralldom of the doc­ may be essential to assure the safety of the disaster of our country evolving into a trine of "divine right of kinds," they refused people. "pure democracy." On the subject of a to bind themselves by a new slavery, "the Here it is pertinent to quote the prophetic divine right of the majority." Thus, they statement of James Madison in the Virginia "pure democracy," James Madison provided in the Constitution itself that "the Convention of Jline 16, 1788: wrote: United States shall guarantee to every State· "I believe there are more instances of the Hence it is that such democracies have in the Union a Republican form of govern­ abridgement of the freedom of the people ever been spectacles of turbulence and con­ ment." They made no reference to democracy. by gradual and silent encroachment of those tention; have ever been found incompati­ There was general agreement among the in power than by violent and sudden usurpa­ ble with personal security or the rights of delegates with the observation of Edmund tions." property; and have in general been as short Randolph of Virginia that "the general ob­ The grave problems America now faces can in their lives as they have been violent in ject" of the convention that wrote the Con­ be resolved by resort to our time-tested tra­ their deaths. stitution was: ditional procedures of study, debate, and ". to provide a cure for the evils under conciliation. For this reason, the recent ap­ Majority rule, while on the outset which the United States labored; that in pearance of a new book on American govern­ seems idealistica11y the best process in tracing these evils to their origin, every man ment, wherein those proced:ures are deline­ all cases, can dangerously usurp indi­ had found it in the turbulence and fo111es ated, is vitally important. It's title is: vidual liberties if not properly re­ of democracy; . ." "America's Political Dilemma: From Limited strained. It is for this reason that our In Federalist Paper No. 10, James Madison, to Unlimited Democracy," by Gottfried Constitution places restraints on ma­ speaking of a "pure democracy," i.e. one Dietze (Baltimore: Johns Hopkins Press, jority action. which is immediately responsive to the 1968, XII, 298 pp. $7.95). In many instances, when a majority majority will, wrote: "Hence it is that such Dr. Dietze is Professor of Political Science democracies have ever been spectacles of at the Johns Hopkins University, having speaks, it would be most advisable for turbulence and contention; have even been previously been a Visiting Professor at the us to remember our guidelines as pro­ found incompatible with personal security University of Heidelberg (Germany) and at vided in the Constitution. As Admiral or the rights of property; and have in gen­ the Brookings Institution, Washington, Moreen so aptlY put it: eral been as short in their lives as they have D.C. He is the author of several books and Each man has certain inhe!rent rights been violent in their deaths." a number of articles in leading professional which it is the duty of government to pro­ At the close of the Constitutional Conven­ journals. He earned a doctorate in law from tect so that even as a minority of one he tion, when asked by an anxious citizen, "Well, the University of Heidelbe-rg, in philosophy has immunities which no numerical major­ Doctor, what have you given us, a republic from Princeton University, and in juridicial ity may invade ... Majority decision at the or a monarchy?", Franklin replied, "A repub­ science from the University of Virginia. His polls is an excellent way to choose political lic-if you can keep it." He did not say "a major interest 1s in federalism and constitu­ administrators, but it is a violation of the democracy:• tional government. His book, "In Defense o! moral law for the majority to vote away In more recent times, the historian Charles Property" (1963) 1s a classic· of vital perti­ any part of anyone's freedom . • Austin Beard, wrote, "At no time, at no place, nence in these troubled times when many in solemn convention assembled, through no Who temporarily hold the political power I ask unanimous consent that the chosen agents, had the American people are disposed to deny the inviolability of essay be printed 1n the Extensions of officially proclaimed the United States to be property rights.
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