A Wisconsin judge has been arrested for allegedly helping an illegal alien evade immigration authorities. The case has added gasoline to the fire blazing in the wake of several recent court rulings against the Trump administration’s use of the Alien Enemies Act of 1798 to deport illegal aliens more expeditiously than customary due process procedures would allow.

The administration argues the judiciary is deliberately obstructing its attempt to execute the clear will of the people, expressed in the last election, to reverse the trend of mass illegal immigration into the United States. Its opponents argue the administration is violating established law and basic constitutional protections of individual rights, especially the Fifth Amendment guarantee that no one shall be deprived of life, liberty, or property without due process of law.

Both sides accuse the other of being “a threat to our democracy.” This has been a mantra repeated about political opponents for many years now, by everyone from Nancy Pelosi to Tucker Carlson. Carlson railed against suppression of free speech as incompatible with “a democracy.” Democrats wailed that we must “save our democracy” from their Hitler-cartoon version of President Trump, even after he’d left office.

But to paraphrase a popular 20th century president, democracy is not the solution to our problems. Democracy is the problem.

If Americans should have learned one thing, it is to be suspicious of anything the media repeat over and over, through every medium. And what they’ve heard night and day for the past decade, from conservative and liberal media alike, is some form of the message “democracy is in danger.” They’ve heard it so much that they’ve forgotten what it is they should be desperate to protect. And it isn’t democracy.

Before the progressive era, the American political system was generally referred to as “republican” rather than “democratic.” This may seem purely semantic and to some extent it would be if the Constitution merely described a simple republic. In that case, representatives would be elected by popular vote and would generally be expected to do what those who elected them want them to do.

But the Constitution isn’t even that democratic. Once elected, the representatives are not permitted to do anything the people who elected them want. They are limited to a short list of powers they are authorized to exercise, regardless of the supposed “will of the people.”

To make doubly sure they do not go astray, the first ten amendments to the Constitution specify certain rights the government is especially prohibited from violating, again whether a majority of Americans seems to want it to or not.

The enumerated powers, the separation of powers among branches of the federal government and between the federal and state governments, the bicameral legislature, the Bill of Rights – they are all there to thwart the power of the majority, in other words, to protect us from democracy.

Thus, it seems odd that every politician, every media pundit, and even most citizens refer to the government the Constitution describes as “a democracy.” Certainly, it has democratic elements, particularly the election of legislators (originally only the House was elected democratically by the people). But most of the Constitution is dedicated to restraining the will of the majority.

This is more than an academic point. It speaks to a fundamental question that most Americans would answer incorrectly: what is the purpose of the government?

Those who have internalized the idea the American political system is “a democracy” would probably say its purpose was to do “the will of the people” or some such rot. And who can blame them? That’s all any American has heard for most of his or her life. But that’s incorrect.

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Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness? 

 Tom