5
DETROIT JEWISH CHRONICLE end the Legal Chronicle
December 27, 1940
P urely Commentary •
Jewish Soldiers Relinquish Leaves as
"Xmas Present" to Christian Comrades
By Philip ,Slomovitz
FORT DIX, N. J. — (Religious the Jewish Feast of Lights, oc-
News Service)—Soldiers of the cur at the same season this year,
"Democracy or Republic." Mr. Ford"s letter was Jewish faith, stationed here, have Gov. A. Harry Moore has issued
Debate Over Demorcacy and Republiic
published by the Monitor under the heading volunteered to waive their fur- an official proclamation urging
the kind "A Distinction Without a Difference?", as fol- loughs in order that a larger the citizens of New Jersey to
There is debate in some quarters in
number of Roman Catholic and emphasize "the great essentials
of government we are. Some say, n their effort t ows:
Protestant soldiers may obtain in which Christians and Jews are
to discredit "democracy", that we are not a De-
letter
is
prompted
by
the
editorial
This
Christmas leave. The unusual agreed rather than to remember
mocracy at all, but we are a Republic.
"Democracy or Republic" which appeared in
It all started in Germany. The Nazis have been
"Christmas present" was an- their differences."
a recent issue of The Christian Science
The Christmas season, said the
saying for years that democracy is dead; that
nounced by Gen. Clifford R.
Monitor. Your point is correct, but I do
Powell, commanding general at governor's proclamation, is sacred
democracy is tottering; that democracy is bank-
believe more vigor should be evidenced in
alike to Christian and Jew. To
exposing this belabored point. The Monitor
the fort.
rupt.
The forces which represent reaction have caught
Army regulations provide that the Christian "it recalls the time
is carrying on an excellent expose of ele-
the tune, and they insist that we are not a De-
at least 25 per cent of the Fort when there was born the in-
ments hitting at our political system, but I
mocracy but a Republic. Coughlin insists upon
Dix Division (44th) must remain spiration to Peace on Earth,
believe you have failed to detect in this
it in Social Justice. Thorkelson said so in his
in camp at all times. There are Goodwill toward Men—to the Jew
spurious distinction a movement to accom-
some 800 Jewish men in the it commemorates the time when
speeches in Congress. The Christian Frontists harp
plish the same ends as are being exposed.
religion triumphed over pagan-
On it, and they used that as one of their questions
division.
The recent attempts to draw a fine-lined
ism."
at the Birkhead meeting in Detroit.
distinction between a democracy and a re-
The Christian Science Monitor picked up the
"Let Christmas ring out their
Governor Issues Goodwill Plea
public stem from two sources: first, a group
debate and discussed it recently in an editorial,
identical message," the proclam-
on Eve of Christmas
which is making an effort to emphasize the
"Democracy or Republic?", in which is stated:
ation urged, "in the name of
Chanukah
anti-democratic origins of our nation; sec-
TRENTON, N. J. — (Religious God, the common Father, peace
ondly, a group that is usually wallowing
Some discussion has been current recently
News Service)—Pointing out that on earth, goodwill toward men."
in anti-Semitic efforts to create an impres-
among writers of c olumns and pamphlets as
hether
the
United
States,
properly
speak-
sion
that
certain
groups
should
not
be
grant-
(The last time Christmas and
both Christmas and Chanukah,
to w
ing, is a democracy or a republic.
The point is well made that as to constitu-
tional form the Government e stablished with
the inauguration of Washington in 1789 is
in fact a Republic. The Constitution guaran-
tees not a "democratic" but a "republican
form of Government" to the States. Does that
or is not also de-
signify that it cannot be
mocracy?
The departure from monarchy was a long,
bold step in the eighteenth century, and some
members of the Constitutional Convention
were familiar, m oreover, with the history of
shortcomings and decay o f popular rule in
ancient Rome.
They, for the most part, had great mis-
givings about sheer democracy and had no
m t..--
intention of e stablishing mob rule in A
ica. They took care to construct a representa-
tive g overnment, in which men of the great-
est talents might be chosen to dispatch the
duties of statecraft. Direct election was
scarcely even considered with reference to
the Presidency, and the suffrage by which
Representatives were to be elected to the
lower house of Congress was then limited in
many States by property qualifications.
Gradually the franchise was broadened.
Manhood suffrage came, then woman suf-
frage, and in the meantime direct election
of Senators—which seems something of a
mixed blessing. The seed of much talk about
popular rights had been planted in some of
the pamphleteering which fed the Revolu-
tion. With growing democratization of the
young Nation came awareness that education
must become a public f u nction as a prepara-
tion of the e lectorate.
It is as true in the art of government as
in making a bench, repairing a radio, or run-
ning a business or a home that training,
aptitude, and a sense of responsibility make
for better workmanship and wiser, truer de-
cisions. Hence the idea that officials should
be picked representatives of distinctive abili-
ty has its validity.
Yet no true American w ould want the Gov-
ernment to devolve into an oligarchy of of-
ficialdom or into a privileged economic aris-
tocracy, even while remaining a republic in
form.
Hence not alone the form but also the
attitude, the habits, the spirit which charac-
terize and animate a g overnment or its peo-
ple become vitally i m portant, too. That es-
sence of the regard of a free people for their
government has come to be described as de-
mocracy. It means equality before the law,
freedom of opportunity, and absence of so-
cial castes.
It is not alone the form of g overnment but
also to this essence, to democracy, that m en
ion is to be rallied to
appeal when the Nat
defend itself against the opposite, dictator-
ship. Other Nations, notably Britain, have
monarchies under which the mode of living
i s essentially democratic. Some have had
democratic, popular or even proletarian gov-
ernments which in practice became despot-
the First Day of Chanukah coin-
cided was in 1902. The next year
in which the two days will co-
incide will be in 1978.)
ed the privilege of participation in govern.
ment thereby stifling the essential of a
democracy.
The distinction between the two arises over
a difference in meaning. It a rose, no doubt,
through an effort by the above mentioned
groups to misuse the difference found by
James Madison in three of his papers now
found in the Federalist, viz., in numbers
X, XIV, and XXXIX. The usual quotation
paraded as authority is found in number X
of the "Federalist Papers":
"The two great points of difference be-
tween democracy and a republic, are, first,
the delegation of the government, in the
latter, to a small number of citizens elected
by the rest; secondly, the greater number
of citizens, and greater sphere of country,
over which the latter may be extended."
Reiterating this point, Madison said in
number XIV, " . . in a democracy, the peo-
ple meet and exercise the g overnment in per-
son; in a republic, they assemble and ad-
minister it by their representatives and
agents." What Madison was actually doing
was to distinguish between a direct de-
mocracy and what is now called a repre-
sentative democracy because direct democracy
exists only in isolated instances.
Should we accept Bryce's distinction as
stated on page 22 of "Modern De-
mocracies," then we must infer that a re-
public may not be a democracy, in other
words a representative government such as
was defined by Madison may be aristocratic
or oligarchic. This was true of the govern-
ment founded by our Constitution until the
franchise was extended to all males in 1841.
The upsurge for democracy came with Jack-
son's election to the presidency in 1828.
Democracy denotes a particular form of
government in which the ruling power of the
state is legally vested in the members of the
community as a whole, or as further defined,
as the legal right of participation in govern-
ment. Legal participation in government does
not of necessity mean that of the New Eng-
land town meeting type of p a rticipation; it
definitely refers to universal suffrage in the
election of representatives to carry on gov-
ernment. Then, if this be true, the difference
indicated by Madison has to some extent been
eliminated and w e find, by accepting the
above definition—a definition as old as Aris-
totle—that our government is a democracy.
As long as that be the case. why is it neces-
sary to draw fine lines of distinction? We
have a democratic form of government re-
gardless of the fact that the word democracy
is not mentioned in the C o nstitution.
To me, this attempt at a distinction is an
attempt to propagandize against our demo-
cratic form of government, for, as pointed
out by Judge Cooley in his "Principles of
isms.
There are constitutional or limited mon-
archies, there are dictator-ridden republics,
there are benevolent or tyrannical autocra-
cies. Surely the United States can maintain
such a compatible combination as a demo-
cratic Republic.
This interesting editorial does not exhaust the
subject; but in the main it provides a fairly
good answer to the harrangues of the undemo-
cratic elements. We are a Republic; anti we are
a Democracy. We are and can be "such a com-
patible combination as a democratic Republic."
In fact, we believe that we shall remain that in
spite of the cue given to Christian Frontists from
Germany.
It is the very group that tries to shout down
Democracy under the cloak of a Republic-idea
that reveals itself as a crazed mob bent upon
destruction. At the same time the forces that
stand for democratic living and thinking retain
their decencies to such extremes that even from
their platforms the mob-ruled demagogues are
given a chance to express their views. When
the issue is finally settled, the principles achieved
by a century and a half of a well developed
American democracy will be a triumphant force
that will influence the world.
•
Democracy vs. Republic: Vital Differences
The difference between democracy and repub-
lic is in the main a much more vital one, especial-
ly when a conscious issue is raised by groups who
quite frankly seek to weaken the democratic
process. Some excellent points on this question
are made by Clayton D. Ford of Elsah, Ill , in a
letter he addressed to the editor of the Christian
Sciene Monitor as a comment upon its editorial
Rabbi H. J. Brevis
Named to Faculty
At U. of Buffalo
Rai* Harry J. Brevis, former
Detroiter who is well known in
this city and in Ann Arbor,
where he received his Bachelor's
and Law degrees from the Uni-
versity of Michigan, was appoint-
ed lecturer in "Administrative
Law" at the University of Buf-
falo. The course will be open
to graduate students in govern-
ment and social work and will
be offered during the second
semester of the current school
year at Milard Fillmore College.
Mr. Brevis was a member of
the Detroit Bar from 1923 to
1926 and he specialized in Social
Legislation after entering the
field of religious social work.
Among his publications dealing
with legal problems tare "Asm-
aklita," a comparative study in
the doctrine of "intention" in
contractual obligations as devel-
oped in Hebrew, Babylonian, Ro-
man and Common Law which
appeared in "The Jewish Insti-
tute Quarterly," January, 1930,
and "Principles and Standards of
Relief Legislation" in "Social
Forces," March, 1935.
Rabbi Brevis was ordained
Rabbi by Dr. Stephen S. Wise
at the Jewish Institute of Re-
ligion in New York.
Constitutional Law,"
"In strictness a republican government is
by no means inconsistent with monarchial
forms, for a king may be merely an heredi-
tary or elective executive while the powers
of legislation are left exclusively to a repre-
sentative body freely chosen by the people."
Or, as Bryce indicated, we may be a re-
public and yet have an oligarchy or aristoc-
racy. In other words, a subtle m anner in
which to gradually break down our de-
mocracy is to create in the minds of those
uninformed, this distinction.
Mr. Ford makes an important point when he
indicates that our government is democratic
even though democracy is not mentioned in the
Constitution. He is correct also in warning that
those who seek to create a distinction between
democracy and republic actually aim at breaking
down our democracy.
Of course, there have been many interpreta-
tions of the term democracy. Among the more
interesting ones is the "American's Creed" writ-
ten by William Tyler Page and adopted on April
3, 1918, by the United States House of Repre-
sentatives, which reads:
support its Constitution, to obey its laws, to
respect its flag, and to defend it against all
enemies."
It is essential that the democratic principles
be defended; that democracy take the offensive
(Continued on Page 12)
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