Would The Founders Still Recognize Their Republic?

Authored by Andrew P. Napolitano

Which is better — to be ruled by one tyrant 3,000 miles away or by 3,000 tyrants one mile away?
— Rev. Mather Byles (1706-1788)

Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? This conundrum, along with the witty version of it put to a Boston crowd in 1775 by the little-known colonial-era preacher with the famous uncle — Cotton Mather — addresses the age-old question of whether liberty can long survive in a democracy.

Byles was a loyalist who, along with about one-third of the American adult white male population in 1776, opposed the American Revolution and favored continued governance by Great Britain.

He didn’t fight for the king or agitate against George Washington’s troops; he merely warned of the dangers of too much democracy.

Many of us who monitor federal excess are fearful of out-of-control democracy, which is what we have in America today, yet there remain in our federal structure a few safeguards against runaway federal tyranny, such as the equal state representation in the Senate, the Electoral College, the state control of federal elections, the remnants of state sovereignty, and life-tenured federal judges and justices.

via Fund for American Studies

Of course, the Senate as originally crafted did not consist of popularly elected senators. Rather, they were appointed by state legislatures to represent the sovereign states as states, not the people in them.

Part of James Madison’s genius was the construction of the federal government as a three-s