For all of the laments and warnings that democracy is on the ropes in the United States, there are relatively few declarations of what the speakers and writers mean when they say “democracy”. Here’s what I mean. For me it has several components.
One of those components is summed up in the Latin phrase Vox populi lex suprema—the will (literally “voice”) of the people is the supreme law. It is related but not identical to something written by the Roman orator and statesman Cicero: Salus populi lex suprema (the welfare or good of the people is the supreme law).
The second component is the protection of certain rights: the freedom of speech, religion, and the press, the right to own property, and others. A government of delimited powers is implicit in this component. The people are limited in what they can expect from the government by the law.
The final component is a system of enforced laws under a common law framework. In a common law framework the written law (“black letter law”) and precedent both play a role. Unless narrowly construed a civil code system in which the law always applies to every situation but it is the judge’s role to determine how is a formula for tyranny.
I think that altogether too much weight is being placed on the mechanics of voting these days. Saddam Hussein would be delighted. Voting alone is not enough to ensure democracy. There’s more to it than that. The candidates for whom you may vote, the legitimate casting of votes, and what happens after the voting takes place are all important as well.
It is in that last step that I think our system falls short. At the federal level the party leadership has entirely too much power. Representatives should feel bound by what their constituents want rather than what their party leaders demand. When the main role of elected representatives is to ratify the decisions of party leaders, I think that calling it a “democracy” is a stretch.
There are ways that could be remedied. We are in dire need of civil service reform. At the national level the Speaker of the House and the Senate majority leader have entirely too much power. Any representative in the House or Senate should be able to propose legislation which is brought to the floor for a vote and any representative in the House or Senate should be able to propose amendments to legislation. Neither the House nor the Senate will reform on its own.
IMO a number of the thorniest issues would be resolved quite easily under a more democratic (in my terms) system. Most Americans think that a) the state has an interest in the life of the unborn; b) up to a certain point there are circumstances under which abortion should be legal; and c) it is completely legitimate for state to ban late term abortions. Neither political party takes that position. The Democratic position is that the state has no interest in the life of the unborn; the Republican position is that states should ban abortion.
Similarly, with immigration most Americans think that our borders should be significantly more controlled than they are at present but that immigration in considerable numbers should remain possible. Neither political party takes that position.