Is the USA Democracy A Morally Just System

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  • #2287375
    Chaim87
    Participant

    While I will refer to the Trump trial this thread isn’t intended to debate the merits of his innocence or guilt. Its to bring out a greater point.
    Lets discuss the system of our democracy:

    As it pertains to crimes and prosecution:
    1) For one silly financial sin that we can all agree is not a cardinal crime one can get charged 34 times over?? Isn’t that insane? Its one crime. Why get so busy with statutes. It makes non sense. Murder crimes have fewer charges.
    2) Its easier to get convicted on financial crimes than murder and rape. Look at OJ & Bill Cosby vs Trump and so many others. Isn’t that a bit insane. We worship money so much that it became the crime of the century and its burden of proof is lower.
    3) High celebrities’ and rich white people get scrutinized alot more bec the prosecutor then gains more fame. Ask yourself why trump was never scrutinized this much before his politcal career. You think he was straight then and only became crooked now? He is a known ganef.

    As it pertains to Free Speech:
    1) Should we be allowing nazis to ryle up crowds and chant death to jews bec of free speech?
    2) Should we be allowing Free Plaestine to yell from river to sea and call for the elmination of Israel? Why are they allowed to protest without permits?
    3) The newspapers, should they really be able to report everything? How about when they believe Hamas lies? What if that causes our hostages to stay in prison longer or CVS die? What if it puts jewish lives in danger while emboldening and hardening Hamas? As an example the NYT yesterday had an arttcle holding Israel accountable for closing down UNRWA. Not a wrod about the point the UNRWA members were Hamas members. This emblodens hamas. Isn’t there a point where when lives are at stake we should be limtying free speech.

    Guns
    I know this is holy by many latlley. But hear me out. If you argue that owning guns save lives its fair debate. However, lets say for a second you believe it doesn’t save lives but you say hey its our second ammendment and I don’t care. Then let me ask you is the bill of rights lehadvl our torah which is pure prophecy and every word is emes. If guns do kill people what does that say about our amendments. who says its moral then?

    Elections
    Lets say you love Trump, but you gotto admit he is not your typical and bissel mishiga. Maybe a good mishigna but crazy. Now let me ask you if trump can be elected why can’t a Hitler YMS be elected next time. What stops any populist? To be clear, no trump is not an evil Hitker ym’s. I am only making the point that there are no limits who can be elected as long as he gets the votes. Is that moral?

    All this is to say, our democracy is a brpken system that is very immoral still

    #2287669
    akuperma
    Participant

    If you object to the American political system, blame the guy in the mirror? We elect our leaders. If the government is run by corrupt amoral fools, blame the people who elected them.

    #2287689
    Avi K
    Participant

    1. One can also be charged multiple times for one sin. This is discussed in the second perek of Makkot.
    2. Free speech is a two-way street. Jews may yell for the expulsion of all Arabs or the total destruction of Gaza. I presume that arrests were made because of the lack of permits.
    3. Yes. Otherwise, the government will be able to tell us anything and everything.

    #2287691

    Chaim,
    American founders created a system that tried to take into account human frailties and make it work around dangers of both despotism and lawless anarchy. At previous times, democracy was not a discredited word: ancients tried it in Greece and Rome and it was eventually supplanted by “benevolent” Kings, who were expected to be responsible with the people that “belonged” to them, similar to how every balabos takes care of things inside his house for his own sake. Letting unruly masses to run the country was considered insane. Two attempts were made simultaneously: France and USA. French experiment ran indeed insane very quickly, leading to mass lawful and unlawful murder of lots of people, both from old regime and between revolutionaries themselves. It did work out in a long term. American experiment ran surprisingly better and USA has 250 years of elections, interrupted just once by a civil war period. Compare it with the history of European countries and all the wars and revolutions they generated.

    So, there is clearly something done right in this country. Does it mean that courts and free speech rules are perfect? of course not. But it would make sense to learn first about how they developed in history. If you would like a kosher perspective on history. I would recommend Rabbi Berel Wein. I see that he has a book “The Golden Land: The Jewish Experience in the United States and Canada” also recordings on Torah downloads, etc.

    #2288167
    SQUARE_ROOT
    Participant

    Each democracy is as good as the candidates who run for
    elected office and the voters who elect the candidates.

    When the candidates who run for elected office are:
    honest, intelligent, wise, sincere, honorable people,
    then democracy is great,

    When the candidates who run for elected office are:
    dishonest, stupid, foolish, insincere, dishonorable people,
    then democracy is in big trouble,

    #2288223
    commonsaychel
    Participant

    Chanyana Weissman for President Square Root for first lady

    #2288233
    Gadolhadorah
    Participant

    It is perhaps the longest and most sustainable work in progress towards some notion of a democratic system that is both morally just and functional. Some might argue that the UK and other European models have features that are preferable but I doubt one could argue they are “functional” in terms of frequency of governmental changes in a parliamentary system and comparison with U.S. economic growth and prosperity over any long-term time period. The real quandary is why in a country with 330 million souls, we seem to have such dreadful choices again for our leadership in 2024.

    #2288245
    2scents
    Participant

    Chaim87

    Unfortunately, we now live in a Jacksonian democracy. Prosecutors need to win elections and shift their focus accordingly.

    #2288248
    Chaim87
    Participant

    1) I believe its a machlokos and they must be warned. Furthermore, generally the crimes are totally different in nature, like eating chazor on Yom kippur. There is the eating chazor and the yom kippur which are so far distinct. Only in the American justice systems are there a boatload of crimes that are all very similar and really the same crime.
    2) If you refer to the arrests at the museum shabbos, the arrests were only made after the fact once the peace was disturbed. Why was the protest ever allowed to begin with without permits? had it been covid and a frum jewish levaya we wouldn’t have gotten to square one.
    3) Even if we yelled for a total destruction of gaza that would be morally correct after Oct 7. I don’t need to debate with you why that is correct. Only colleges that brainwash naïve kids or Muslims living in a cult think different. You & I know that all of them cheered on oct 7 and calling for their destruction wouldn’t be the kind of immoral free speech. No its not a two way street. You can impose rules that limit free speech at times just as Germany did with nazis. Does that mean less democracy sure? But so what? My point is that democracy is no virtue when free speech results in jewish blood being spilled. A little authoritarian would do some good.
    4) yes so maybe its better for the govt to tell us things. No it doesn’t mean anything and everything . You take this zero sum game like either total democracy or total auhtoirty. There is an in between. And frankly, if the govt telling us things mean that the NYT won’t spill jewish blood and print blood libels then so be it.

    #2288274

    over long term, American and European systems are pretty competitive

    #2288275

    If increasing number of people increases choices, then the UN secretary will be the biggest tzaddik.

    #2288299
    yytz
    Participant

    Our system has plusses and minuses. No one said it’s perfect.

    The justice system can certainly be abused. Financial crimes are important for a number of reasons. But most of those convicted don’t get jail time.

    Other democracies are less fundamentalist about free speech. Pro-Hamas protests are illegal in France, for example. Praising terrorism is illegal in the UK.

    These countries also regulate guns heavily. Their murder rates are much lower. There are some stabbings, but overall, things are safer.

    Of course, they let in so many immigrants that anti-Semitism has made things feel unsafe for Jews in a few areas. Here, the Muslims we’ve let in are mainly well-educated and wealthy, and although many support Hamas ideologically, they rarely attack us.

    Your point about populists is well taken. This is one reason why many Jews (including Satmar I believe) supported Hillary rather than Trump. It’s better that politicians be calm, stable individuals rather than fiery populists with a cult of personality.

    You’re right that the media can’t be trusted when it comes to Israel.

    All these things can be changed. You can start new media companies, vote for different candidates, advocate different gun laws, etc.

    #2288419
    Chaim87
    Participant

    @yytz,
    You bring out a good point. I suppose I question specifically the American style democracy. I advocate that yes maybe we need a style like you outline in France. And yes if a populist can be elected perhaps some kind of authoritarian is needed with some checks and balances,

    I disagree with your last statement and thats my point. No these things can not be changed. When someone is a populist for example, your vote for a different candidate won’t help. The point of populism is that evil people like Hitler YMS can be elected because they know how to channel human emotion even when they can cuase massive destruction. You are just one person who is wise and see through such people but your vote can’t stand against an evil populist A populist by definition exploits democracy, Similarly, you can’t just start a new media company. Its not like starting a gorcery store. The NYT is so powerful and populist in its way. You can’t match it. Meanwhile it continues to spread blood libels that result in deaths of jewish lives. A bit of authoritarian govt (like what Israel has when shutting down Al Jezzera and trying to shut down the AP) is the only answer. The same is true for gun laws. And good luck advocating to change the second amendment. Once again if something is so popular it can make zero sense and you can’t fight it.

    #2288426
    lakewhut
    Participant

    All govts are corrupt. There aren’t any impartial judges.

    #2288431
    Reb Eliezer
    Participant

    We have an appealette system where if something is incorrect, will be revealed and corrected.

    #2288543

    Chaim > I question specifically the American style democracy. I advocate that yes maybe we need a style like you outline in France

    American system is somewhat different from European. As Gemorah says – better to live in a new town than in an old, as its sins are fewer.

    European countries are (or were until recently) groups of a small number of homogeneous groups. (Jews were an exception for most of last 2000 years, that is why everyone was against us). USA system was created from the scratch to accommodate differing views. Original idea was that each state is almost a sovereign entity that can have their own laws, religion, with certain federal laws that make the states leave peacefully and cooperatively with each other. Bill of rights applied to the feds, the state could have, and had, established religions, for example. Things are more complicated now, but the idea is still there: the role of the government, ideally, is not so much as to establish one community, but to accommodate multiple communities. This is really well designed for what the Jews want (and is similar to what we had in Poland as Vaad Arabah Artzot had a state within the state).

    So, if you will invite government to suppress speech against us, then it will surely end up with suppressing our speech. We will be better off if we use the freedoms this country grants us to build a community with beautiful speech and actions between each other.

    #2288959
    Ex-CTLawyer
    Participant

    The USA is NOT a Democracy, It is a Republic….big difference
    Democracy, one person, one vote
    Look at the US Senate: a Senator from Wyoming represents approx 290,000 people, one from California represents approx 19,600,000

    #2 Don’t confuse the Federal Judicial system and state systems. Trump was charged with 34 counts of violating NY State Law and prosecuted by the State. There are 50 states with different legal systems. It has nothing to do with the US system of Democracy. OJ and Cosby were tried for State crimes in Pennsylvania and California under their state legal systems,

    #3 Free Speech/Freedom of the Press…this applies to Government action. Permits to protest are a local government issue, except if the protest is to be held on Federal land.
    If you don’t like the lies told on a particular network, don’t watch. No viewers equals no revenue and they may go out of business, News organizations don’t have to prove truth of everything they report,
    Being Devil’s advocate, why should American newspapers be restricted in what they print because hostages from another country are being held? You talk about ‘OUR” hostages and that applies to our unique status as Jews, but not to the vast majority of Americans.

    #4 GUNS, I don;t think any private citizen in the US should have one, Proponents of the Second Amendment conveniently forget that it talks about a well organized militia, That means the national Guard. I have no objection to Guard members, law enforcement, Corrections offices having guns. I even would allow private ownership of long rifles and shotguns for hunting purposes in rural areas, but no semi-automatics or bumpstocks.

    For those that claim they enjoy target practice. I would allow ownership of guns that must be kept locked up at a licensed gun range and never allowed to leave the premises,

    #5 ELECTIONS
    see my first comments, get rid of the Electoral College that makes the value of the voter in Wyoming work XXX ties one in California, NY or Florida.
    Then: States, not the Federal Government decide who can run for office and who can vote. There is not a countrywide standard.
    In CT, which I just left after more than 70 years. Convicted felons lose their vote, BUT after completion of their sentence, probation, ordered restitution they can petition for restoration of voting rights. Once a registered voter they can run for office. This the CONVICTED Mayor of Bridgeport who served 9 years in FEDERAL prison for stealing hundreds of thousands of dollars from the city got his vote back and was returned to office three times.
    In some states, convicts can vote from prison, in others they never get their voting rights back.

    The Supreme Court ruled this year that Trump could not be kept off the Ballot in Colorado, despite states havings these rights. If Trump was not seeking a Federal position the decision might have been different.

    How to fix this? Constitutional Amendments, bt most fail. Remember the ERA failed to be ratified by the required number of states and women to not have equal rights across America. The ERA was enshrined into the MA, CT, NY and NJ constitutions decades ago,

    Disclosure: I have practiced law for decades, I teach Government and Law
    I don’t politic in the Coffee Room, but will explain the system and correct misstatements of fact and/or law.

    Our US system has flaws not envisaged in the late 1700s, but it is ne of the best systems in the world.

    #2289110
    Chaim87
    Participant

    @Ex-CTLawyer

    I prepared a response to every point but item #3 made my blood boil especially how you drink the democracy kool-aid just copying and pasting liberal arguments without any moral highground

    #3 I hate that argument that if you don’t like the views on your news station don’t watch or read. i find that so shallow on the surface. We aren’t just talking about a left vs right newspaper with a fair debate about taxation etc. We are talking about a new station that causes people to die and has a huge influence. My personal choice doesn’t affect that outcome as long as enough people but their lies. Thats why its a danger and they need to be called out as an enemy. You need a mature person to shut them down. This isn’t a freedom issue.

    The hostages are OUR hostage’s because
    A) They are some Americans
    B) Israel is America’s allies.

    Its not just hostages but in general enabling Hamas by belittling Israel is outright supporting terror. Just today the NYT wrote how Israel killed dozens of “innocent civilians” where they alleged Hamas operatives where hiding. The truth is that Israel killed dozens of terrorists who were hiding among civilian’s and very few civilians. The ones that did die like died because they were knowingly harboring terrorists or were the terrorists own wife and kids who davka put them in harms way vs indiscriminate genocide bombing . You and I know this. And when the NYT lies like that they endanger everyone. So yes the govt should shut down the NYT . if that’s anti democracy so be it. Its the right thing to do. Let me be super clear. When it comes to the gaza war there is no two sides that normally applies in a democratic society. There is just one moral side here. Its Pure evil vs the good. And a gpovt needs to stick up for the good and stamp out evil enablers like the NYT, Stop drinking the democracy holy kool aid

    #2289115
    Chaim87
    Participant

    @Ex-CTLawyer
    A case study worth noting is Egypt. Everyone foolishly yelled democracy during the Arab spring and the Muslim brotherhood was “democratically “ elected. Then Al Sisi had the forthright to be an authoritarian and throw them out. The west yelled oy what happened to basic democratic rights. It’s an abuse etc. Well fast forward to Oct 7. Hamas and the brotherhood are one and the same. I shudder to think what would have happened had we chosen democracy over doing the right the thing even when it’s authoritarian. Democracy isn’t always the moral thing

    #2289142

    Ex-CTL, thanks for a good summary. I would like to point out a couple of points:

    1) the federal system works in a unique way in USA – it is a big country with recently arrived (a couple of centuries on average) population that is pretty mobile (most, except the natives and the slaves, come from people who volunteered to go to the other side of the world). Thus, if you do not like your state laws, you can easily relocate to one of the remaining 49. Same language, currency, even starbucks and other chains. This creates choices for population and competition between state governments. This compensates for the biggest weakness of the modern state – there is competition in private sector, but not in public. Of course, the more feds take over, the less gov competition there is.

    2) These freedoms of movement and of religion and of the press are used best by mobile and active population that is not afraid to make choices and act (anshei chayil in the words of Yisro). The rest of the population gets captured by whatever government and information channel they get… and they suffer from the freedoms they are not able to take advantage of. Arguably, these people would be better off with the government that takes care of them, does not allow hate speech, provides social safety, etc

    #2289144

    Chaim re: Egypt. This is exactly what US and similar systems are designed for – control by masses. This danger was known from ancient times and that is why “democracy” was discredited and was not tried for centuries. Possibly, early modernity that made more people educated allowed thinking about letting more people to participate in the government.

    #2289185
    Chaim87
    Participant

    @Ex-CTLawyer.

    Just so that i am clear, the idea that one or a few individuals can sway a powerful well establshed newspaper by simply choosing not to read it, has no merit. As long as the paper still has the broad audeinece it has the bully pulpit. Populists whether politicans or newspapers sway the public because of thier charsima and connections. They don’t sway them because they are morally correct. When a populist newspaper (or politcan) gets a hold of a large audience there is no way that a moral individual can stop them from inciting and enabling terrorists to commit the most viscous crimes. The danger of democracy is exactly that. Its that despite the fact that a voter or reader has the free choice not to read, If the paper holds enough sway vis populism and its bully pulpit then the majorty’s of the people’s choices will be immoral and worse result in heinous acts. Somethimes the only way to stop them is via having an authoritarian who gets it. (within reason). The best illustration is that Israel shut down Al Jezzera ( and somewhat the AP). I know the NYT calls that “authortatian” but you know that Israel is still very democratic and that Bibi is 1000 times more normal than trump despite his faults and ego. The NYT is a populist bully.

    #2289767
    Chaim87
    Participant

    Ill just throw in yerterdays Hamas protest that threatened and frightened jews in NYC when supporting and calling for another Oct 7. Me being able to vote doesn’t help hwne bully popuplists have the masses under their spell. Limits to free speech help more

    #2289797
    Ex-CTLawyer
    Participant

    @Chaim
    If people don’t buy the newspaper or watch the network, the business fails,
    Most US newspapers have folded in the past 30 years.

    When I was growing up we had 5 newspapers delivered daily and there were three tv networks with a 15 minute nightly new broadcast.
    Now news delivery is quite different.

    I never read a print newspaper as the news is state before it is delivered

    #2290035
    Chaim87
    Participant

    @Ex-CTLawyer

    You keep on missing my point. In a democracy a populist whether a newspaper and politician can sway so much influence that people will indeed continue to buy that newspaper or vote for that bully. Why do you keep on arguing that we have a choice to not purchase that newspaper? How does a population having that choice protect the morally corrupt , murderers from taking charge? If a newspaper for example, is popular enough and convinces the masses that Hamas or maybe its 1932 and it convinces people that Nazism is the right approach. You can yell from today till tommorw not to buy it, but enough people will buy it because pouplism like cults gets the masses to drimk the kool aid. A demorcacy can’t protect you from evil influnces if they are popular enough.

    So again i ask you what does it help that “I” choose not to buy the paper. They are still enoguh foolish people who drink morally corrupt kool aid. How does deomracy protect you from that?

    Your arguemnt is completely irelleavnt

    #2290036
    Chaim87
    Participant

    Ex-CTLawyer

    Let me also add that the recent incident on the NY subway further proves the point that we need to be tougher on free speech. Once you let the masses gather say whatever they want, you can’t control them for terrorizing people. its a natrual flow. its true with free palestine and its true with Jan 6 that was a threat to our democarcy

    #2290171
    Ex-CTLawyer
    Participant

    @Chaim87
    Re: your June 6th reply.

    I don’t like lies posted about me.
    You may not agree with my political views, I don’t care, BUT despite your lies, I have never copied and pasted liberal or any other arguments. My thoughts expressed are in my own words.
    I don’t drink Kool-Aid and I don’t hurl personal insults at others in the CR just because I don’t agree with them.

    #2290173
    Ex-CTLawyer
    Participant

    @2cents

    Prosecutors only need to win elections in some jurisdictions. In CT neither prosecutors or trial/appellate court judges are elected

    #2290206
    Chaim87
    Participant

    @Ex-CTLawyer
    I apologize for any offensive comments. I didn’t mean it in the way it was interpreted but don’t want to dwell on it other than to say I apologize.

    You still did not address my point. Sure in a democracy a paper can go out of business as many did and its up to the consumer. Yes if If people don’t buy the newspaper or watch the network, the business fails, But what “If people DO buy the newspaper or watch the network? And that network is “Der Strummer” What is 51% vote of Hitler YMS? How does democracy save us from those dangers? And if it doesn’t what make sits so moral? It does not help that I have a choice not to buy the paper or vote?

    I am not sure what was offensive about my Jan 6 reply. My point was that free speech can threaten democracy and its shouldn’t be a blank check. Based on the little glimpse of you I think we are both on the same page when it comes to Jan 6 and that it was a stain to our demorcacy.

    #2290256
    Ex-CTLawyer
    Participant

    @Chaim87
    What was offensive about your June 6 reply was the false statement you made that I copy and paste ….,
    I am a septuagenarian who does not copy and paste. I choose my own words carefully.
    Anyone who has read my comments and/or posts the last 15 years can see that they are my own words.
    I also don’t call names when disagreeing with another viewpoint.

    That said, I oppose government censorship of the press. The First Amendment to the Constitution which protects us from a government sponsored religion also guarantees this freedom.
    I only believe in certain limitations as they apply to national security or protecting privacy ( such as not posting names of rape victims).

    Back in the day newspapers had political ideology and one bought and read the one you agreed with. Today you chose an online news source you identify with.
    I grew up in New Haven and the Jackson Family who owned and published the two local papers were staunch republicans. We didn’t read the editorial pages for this reason, but it was the only source of local news and advertising.
    Today almost every daily in CT is owned by Hearst and not worth reading, circulation is in the toilet tans I have no friends who buy the papers. I check obituaries free on line.

    It is not the job of government to protect us from populist/fascist candidates by censoring the press. That would make the government as evil as the candidate you want silenced.

    Yes, the masses may be taken in by the populist, but that freedom of expression and the vote is the spine of our country.

    #2290289

    chaim > How does democracy save us from those dangers?

    right, that is why throughout a lot of history, democracy was not practiced. It works when (1) voting public (does not have to be all population) are suffiently educated (2) there are parts of the system that can stop passions (republic, courts, etc)

    #2291156
    Chaim87
    Participant

    @Ex-CTLawyer

    Once again my apology for anything that was offensive.

    You agree that in certain instances such as national security the govt must censor. So is it the govt job to protect its citizens or not? Isn’t democratic electing hitler yms for example a national security issue ? Wnen do you draw the line? And then what makes the spine of our country so great if it can lead to electing evil people and newspapers inciting terror and murder?

    #2294885
    Reb Eliezer
    Participant

    Kaviat Emptor, buyer beware, similarly, voter beware.

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