Democracy: More than majority rule

At Salon.com, Nicholas Buccola explains that a true democracy does more than merely count the votes. It is more than mob rule. The context is Justice Scalia's dissent in United States v. Windsor.

While the right to govern ourselves collectively is part of the “the beauty of what our Framers gave us,” it is not the whole of it. This right exists alongside the rights of individuals to be treated with dignity and respect. In his Windsor dissent Scalia all but mocks the majority’s concern for the “personhood and dignity” of individuals and contends that not only should the government be free to exclude same-sex couples from the institution of marriage, but he reminds us repeatedly that he believes the government should be empowered – if the majority wills it – to imprison homosexuals for making love in the privacy of their own homes. What one cannot detect in Scalia’s Windsor dissent is an appreciation for the idea that true democracy entails not only collective self-government, but respect for the right of the individual to govern his own conduct. Scalia’s dissent has all the markings of a brand of democracy too shallow to accept. Genuine democracy – like the conception of democracy defended by Frederick Douglass – is far more worthy of celebration this Fourth of July weekend.

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Cops fail to ask driver if he’s been drinking at DUI checkpoint

There is a lot of ignorance of the U.S. Constitution out on the streets. Consider this video made by a driver who committed the crime of asserting his Constitutional rights at a DUI checkpoint. The written account of the incident is here. More on motor vehicle checkpoints here and here. It's clear from videos like this (there are many) it is clear that there is a big difference between the law on the books and the law on the streets.

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Special type of due process at debt collection courts

Here's a report from New York's bursting collections dockets:

Over the past decade, the number of debt collection lawsuits filed in New York’s courts has exploded, with upwards of 200,000 cases filed in 2011 alone. Creditors and debt buyers engage in an array of fraudulent and deceptive debt collection practices that siphon billions of dollars from New York’s low-income neighborhoods and communities of color. Abusive debt collection falls along a continuum of discriminatory financial practices that pervade low-income neighborhoods and communities of color, long targeted by high-cost and predatory financial services providers. The creditors and debt buyers that bring these lawsuits routinely engage in "sewer service" — falsely claiming to the courts that they have served people with court papers. They also engage in rampant "robo-signing" — mass-producing fraudulent documents that they then submit to the courts. Debt buyers — companies that buy old, charged-off debts for pennies on the dollar — file more than half of all debt collection lawsuits in New York, and systematically lie to the courts about key information that they do not in fact have. Creditors and debt buyers engage in this fraud to obtain automatic, or "default," court judgments, which they then use to freeze people’s bank accounts or garnish their wages. The judgments also appear on people’s credit reports, blocking them from housing, employment, and credit access. Consequences have been especially dire for low-wage workers, elderly and disabled New Yorkers on fixed incomes, single mothers, and domestic violence survivors — and now also New Yorkers affected by last year’s hurricane.

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4th Amendment reminder

Congress insists that the massive, invasive, unprecedented spying that they have authorized the government to perform is legal and necessary to stop terrorists. I didn't notice any exceptions written into the Bill of Rights that nullify the rights in cases of terrorism . . .

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