Monday, July 25, 2016

Accepting the Democratic Process

I've been on two juries. The first time was a drug possession and selling case. One of the most serious charges (related to illegal weapons, I believe) was determined to be too high and the lower charge that we believed he was guilty of was not an option because of some legal reason (I don't recall). A few people were ready to convict him of the higher charge so he wouldn't "get off." I fought strongly against that, as while our system is imperfect, the thing that unifies us is the process. Our legal system is far from perfect, but there are barriers to wrongly convict people because that's such a major problem. That means some people will "get off." And despite those checks, people still get falsely convicted at a scarily high rate.

A similar process applies to democracy. There is a foundational belief underlying democracy that overall, the People will make the right choice. There's plenty of evidence we can find to the contrary over the centuries of democracy, but overall, things are hopefully moving in the right direction.

We don't like all the results of these processes, but we unify around the process, not the outcome. We accept disappointing results because of this and then perhaps try again later.

I remember how frequently during Presidential Inaugurations, news anchors comment on how peaceful and respectful transitions of power in the US are. However, this year's Presidential election feels different. I've been wondering what Inauguration Day will look like, regardless of the candidate. It seems others have thought the same thing, as a recent Associated Press article explores the same idea about whether a peaceful transition is possible.

Politicians and parties always use hyperbole and strong language to make their case. It's much like what happens between lawyers in a court room (not surprising since many politicians are former lawyers). And yet having seen both the legal process and political process (I interned in the California Assembly), people on opposing sides usually genuinely like and respect each other, even if they genuinely and passionately disagree. Letters from outgoing Presidents to incoming Presidents is very telling of this, as well.

In January, will we be able to continue to demonstrate a strong American tradition of exemplary peaceful transitions of power if our candidate loses?

This professional respect increasingly seems to be getting lost. Hillary is a criminal, and Donald is a dictator. The opposite sides agree with one statement, but not the other. When one gets elected, will the other side accept the Will of the People that is so core to our democracy? What if the claims of the successful candidate are true? When do we accept the democratic process, and when do we need to condemn the results?

It's a slippery slope either way. We know from history what happens when people stay silent too long. We also can see (very recently in Turkey) what happens when a sub-group tries to circumvent the democratic process. Neither option is pleasant, so what's the balance?

I take heart that we have a Separation of Powers. Congress has a huge amount of the actual power. They're the ones who make the laws, not the President. We need policymakers who agree with us there. The President has the most significant bully pulpit in the world and has more power as a representative of this country to the world, so interpersonal skills and wisdom in forging relationships are more central than policy here, in my opinion.

Our County will be tested in the next months. How we respond will be critical on so many levels. I hope we rise to the challenge, and I hope our Constitutionally-created Separation of Powers will not be needed, but will help ease people's angst and mitigate any short-term and long-term problems by the choice we make and have to live with.

At the end of the day, we must remember that a central part of being American is unifying around the Democratic process. And we have to determine how to deal with the consequences of when we don't appreciate the results.

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