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Populism and democracy are orthogonal. Usually populists just ride democracy as a vehicle to where they really want to go.

If The People selected you as their Chosen Leader, who needs pesky Elites in the courts and the Corrupt bureaucrats holding you back, the Chosen One? All opposition to what The People want is elitist gatekeeping and needs to be violently eradicated.



Suppose a political candidate runs on a platform of mass deportations of illegal aliens. If he wins the election and then makes good on this campaign promise, is that populism or democracy?


There's a couple of aspects to it that, in my opinion, need to come together. Bypassing and/or undermining democratic institutions (media, courts, bureaucracy) and claiming exclusive representation - "I alone represent The People" - come to mind.

Mass deportations, without more context, in and of themselves are more a policy and less a political style.

You can execute this policy in a democratic or populist fashion.


> Bypassing and/or undermining democratic institutions (media, courts, bureaucracy)

Those are all explicitly anti-democratic institutions! You can argue that we’re not a democracy, but rather a constitutional republic, and those are appropriate checks on democracy. But that is a different argument.

It’s important to keep the terminology straight so you can think of the situation clearly. To address the mass deportation hypothetical: judges are very different from the people. They are cognitive elites with degrees from elite institutions. Insofar as judges interpret laws to check deportation efforts—for example, expansively interpreting the criteria for asylum, which they have done—you should understand that what’s happening is a conflict between voters on one hand, and elites who are far more sympathetic to immigration.

In a functional democracy, these anti-democratic checks should be maintained within their proper scope. For example, judges should avoid allowing the pro-immigrant sympathies of their class to color their legal opinions.


Something I just realized that might be germane to this little discussion: I am European, not American.

We often use the word "democracy" as the vast eco-system underlying and upholding modern liberal societies in general, not just the elected parts. Whether that's correct use of the word - I suspect you think it's not - I leave open for discussion. If you want I can use the narrow definition in which case we are mostly in agreement.

Judges should exercise due caution and be mindful of their obvious biases.

However, this works both ways. Officials cater to their often not so well-informed electorate and this group, The People, is as susceptible to biases - if not more - as the so called elites are. Both should exercise restraint and be mindful of their biases, not just the judiciary. It takes a populist to claim The People are always right.

As you can tell I am also very much an amateur. I suggest you don't approach me as someone who has studied political science because I'll have a hard time keeping up.


I didn’t know this was something europeans did, because it’s alien to how americans historically have used the term. During the founding, there were explicit debates about democracies versus republics. The Democratic party originated as what europeans might call a “populist” party. And over time we changed the original constitutional structure to make it more democratic and less of a republic (such as direct election of senators).

> People, is as susceptible to biases - if not more - as the so called elites are. Both should exercise restraint and be mindful of their biases, not just the judiciary. It takes a populist to claim The People are always right.

But the biases of people are legitimate, while the biases of the elites are illegitimate. If the people vote for mass deportations, for example, the only job of the elite should be to figure out how to do it efficiently while protecting legally recognized rights (but not trying to undermine the policy by invoking protecting rights as a pretext). As usual, the scandinavians have figured this out.


I can see how it is a possible source of confusion which is something we can ill afford in this already treacherous waters.

> But the biases of people are legitimate, while the biases of the elites are illegitimate. > [...] > while protecting legally recognized rights

Agreed, provided that by "elites" we mean the branches of government not just "successful people". I guess we're mostly in agreement. I'm just cranky about The People because in my country they are quite ... self-destructive, but that is a topic for another time.


> But the biases of [the?] people are legitimate, while the biases of the elites are illegitimate.

I guess "elites" [sic] don't qualify as "people," then. And given your personal background, I'm also guessing that the range of types of "people" in your life experience might not have been all that broad.

> If the people vote for mass deportations, for example, the only job of the elite should be to figure out how to do it efficiently while protecting legally recognized rights (but not trying to undermine the policy by invoking protecting rights as a pretext).

Objection, assumes facts not in evidence: Whence came these "legally recognized rights"? The odds are, it was from the "elites" that you profess to scorn, with "the people" — gradually or otherwise — being convinced that those rights were a good thing.


> I'm also guessing that the range of types of "people" in your life experience might not have been all that broad.

Edit: ... in your life experience in the U.S. ....


Since you asked further up-thread about the distinction between "democracy" and "populist", I want to point out that your comment is actually a pretty good example.

A little-d democrat might argue that the legal system not being immediately responsive to the expressed policy preferences of the majority of voters is anti-democratic. But a populist argument would add that this discrepancy is because judges as individuals are members of an elite class entirely separate from the common people because they're smart and went to school and stuff.

The populist argument here is an unnecessary rhetorical flourish. The platonic ideal spherical judge of uniform density rules entirely based on laws that by definition do not immediately change based on the results of elections. The idea that judicial rulings may at times oppose popular opinion as expressed in the most recent election should be taken as a given when the system is working as intended, whether that's democratic or not, rather than as evidence of ideological opposition from judges as individuals. But in populist framing, everything must be in terms of elite opposition to the common people, so arguments about the inherent inertia of the legal system are insufficient.

Populism vs democracy aside, I'd also argue that at least in the US, the federal judicial branch is no less democratic than the legislative or executive branches. There are plenty of avenues for the voters to change the outcome of legal decisions. They can vote for representatives who will change laws, Presidents who will nominate different judges to the bench, and there is even a democratic process to amend the Constitution. Of course none of those processes are quick or obtainable with a simple majority at a moment in time, but by that standard the legislative and executive branch don't fare much better. Voters can choose the President, but they only get to do so ever four years regardless of how they feel about the President's actions at any point in those four years unless they can meet the incredibly high bar of impeachment and conviction. There's a distinct lack of responsiveness there as well.


> media, courts, bureaucracy

This is a gross redefinition of democracy.

But we can go down this path if you wish. If a judge rules that only men can vote by their interpretation of the constitution, is that democracy?


I have a more maximalist view of what democracy means which is I believe more common in Europe and I suspect that's where most of your disagreement stems from.

First of all no single judge will be capable of upholding this, but let's say the entire judiciary has indeed decided to disenfranchise half the population I'd say they are grossly failing at their job. But anyway, your question was: is that democracy?

Well, it depends. In my democracy it would not be, because freedom is a big part of what democracy means here - even if The People decide freedom is unimportant. That's what we don't like about naked democracy, it easily leads to mob rule in which freedom is stripped and the tyrannical majority overrides all other concerns.

In my mind democracy is a broad system of checks, balances and institutions in which the will of the people is just one element. An important one, but definitely not the only one.

Just for entertainment consider this: if The People vote to keep women out of the electoral process, is that democracy?


Then I think we can summarize your position as follows: Democracy is when you like policies, and populism is when you don't.


Populism is on the rise in my country as well but that’s orthogonal to my evaluation of individual policies. I dislike little-d dictators proclaiming to serve the needs of The People because as an European I am intimately aware of what that engenders. I like serving a System not a Person.

If a policy is enacted that I don’t like - which happens daily - then I shrug and reinvigorate my will to vote next time around.

I don’t really see how your conclusion follows from anything I said.


It’s Schrödinger’s democracy. Roe voiding nearly every state’s abortion laws was “democracy,” but Dobbs returning the issue to the states was “judicial fiat.”


It was called Fascism when Hitler did it. Why, did you have somebody else in mind?


Deporting illegal immigrants is called enforcing the law, not fascism.


Depends on how you do it. Yes, they are here in violation of the law. But if that's what bothers you, then the process you use to deport them had better be in keeping with the law. If what bothers you about them being here is the "illegal" aspect, then you must not trample the legal process in order to remove them.


That’s a bizarre argument. Conduct is illegal because it’s bad or has harmful effects. Immigration laws exist because society recognizes that immigration has various undesirable effects (cultural change, strain on public resources, etc.), so we need to restrict immigration to controllable levels that manage those negative effects.

The objection to illegal immigrants is that they’re here. While deportation efforts should follow the law like everything else, there’s nothing about illegal immigration that makes the legal process especially important compared to other things.


For example what's an illegal way of departing an illegal immigrant?


Surely there is some kind of due process? You can't just pick up foreign looking types and ship them off in black vans. That would be an illegal way to do that, I believe (I hope). I'm not American so I don't know how it works over there.


[flagged]


> meaning the due process has been already run and determined they are illegal

I'm pretty certain that is not what most people mean when they say "illegal immigrant".


And that's my problem how? I'm using the logical definition of the word, not trying to mind read what other peoples' interpretation might be.

Illegal immigrant = an immigrant who is here illegally/against the law. What other stronger definitions of the word are there?


> Illegal immigrant = an immigrant who is here illegally/against the law

I'm confused. This is how most people define the term, and is not what you said before. What you said before is "due process has been already run and determined they are illegal".

There is a vast difference between someone that broke the law and someone that was convicted of breaking the law.

When the average person says "illegal immigrant" they mean someone that broke immigration law. Nothing about whether due process has been applied. So if you start rounding up "illegal immigrants" and deporting them right away, that's a big problem, because not all of them had due process and you'll inevitably grab innocent people.


>When the average person says "illegal immigrant" they mean someone that broke immigration law. [...] So if you start rounding up "illegal immigrants" and deporting them right away, that's a big problem, because not all of them had due process and you'll inevitably grab innocent people.

Aren't you contradicting yourself here? How can you break immigration law but be innocent?

Immigration is pretty binary, you either have valid visa to be here or you don't, so you either broke the law or you didn't. What's there to argue about here? Yeah, we can say immigration laws suck sometimes, but that's an argument for changing the laws, not for removing the enforcement of the law.


> Aren't you contradicting yourself here? How can you break immigration law but be innocent?

If you try to round up everyone that committed a crime, you're going to make mistakes. You'll get people that did not commit that crime. So no, there's no contradiction in that sentence.

> Immigration is pretty binary, you either have valid visa to be here or you don't, so you either broke the law or you didn't. What's there to argue about here?

The way you check, properly, is with due process.

It's pretty easy to do due process on immigration. It can be done efficiently. But you still have to do it.


>If you try to round up everyone that committed a crime, you're going to make mistakes. You'll get people that did not commit that crime. So no, there's no contradiction in that sentence.

Yeah there is contradiction. They either committed the crime or they did not. Which is it? Do they have valid immigration papers or not. That IS the due process. Where do you see the potential mistakes? It's very binary. When you enter the movie theater, you either have a ticket or you don't.

And mistakes happen with all the due process in the world. Jails everywhere have people who are there even if they did not commit the crime simply because the prosecution was stronger than the defense.


Not everyone who’s in the country illegally committed a crime – for example if you overstayed a visa you might be deportable, but you haven’t committed a crime.

Then there is a lot of law around asylum seekers. Some of the people who entered the country illegally still might have rights to stay here.

The current laws aren’t as simple as “if you don’t have a paper we can send you outside tomorrow” right now.

And on top of it ones deportation order might have conditions (I.e don’t deport this guy to El Salvador since it’s unsafe for him there) which also can make deportation of illegal illegal. And this one, as you might know, already happened.

The whole El Salvador thing with first two planes having people without final order of removal is illegal.

That’s to answer how deporting illegals can be illegal.

On top of it what’s called deportation might be not exactly deportation in my opinion – it’s unclear why US can send people to foreign prison for entering country illegally.


Being here illegally is breaking the law and is a crime.


Do you consider getting a parking ticket a crime? Jaywalking? Littering? Would you call people committing those actions criminals?

Not everything involving breaking the law is a crime. At least from legal perspective.


Logical fallacy. Yes all are breaking the law. But why defend an illegal inmigrant? Kick them out.


[flagged]


It’s not being a bigot or hateful when I want people to enter this country legally and when they enter illegally to be deported.


I, for one, also want people who's unlawful in the US to leave / be deported.

But I also want this to happen according to the law. And this is more important to me than having these people in the US. Person who entered the country illegally, or, for example, overstayed their visas, might have rights to stay here according to our laws (again, look at asylum seekers). And I want those laws to be followed (or changed).

I also realize that what's really complicated is to find illegal immigrants. And ultimately it's a trade off between how efficiently we find them and how much we turn into police state. And for me it's much more important not to turn into police state, rather than get rid of unlawful immigrants.

Hate towards unlawful immigrants scares me, government induced hate - terrifies me (see https://x.com/WhiteHouse/status/1919552538447097970), that's where comparison to fascism comes into conversation. Under the pretense of hate towards particular group of people the worst things are happening. Hate and dehumanization are tools for such regimes.

Most of the unlawful immigrants aren't criminals (at least in the way you apply this word to your fellow Americans), and they came here because it was bad for them back home and they wanted better life. The life they're pretty much ready to work a lot for.

I can't help but notice how much this is the story of America itself. Your ancestors probably were this kind of people. It is part of the American DNA.

As of being bigot and hateful: "kick them out" and your insistence on them being criminals pretty much uncovers your feelings toward these people.


These people are criminals and illegal inmigrants are criminal. It’s the law nothing wrong about that to think that way.

[flagged]


>You'll vote for a guy that raped a 12 year old girl. You don't care.

Where did I say this? Who is this "you" here? Why are you making accusations in bad faith trying to demonize people you don't know using words they haven't said and arguments they haven't made?


It's always the same thing with you types. Grasping at words like some kind of hyper-logical machine trying to find some magical logical fallacy that will somehow invalidate the speaker's entire argument.

Let's set facts here: you are arguing for a position held by the dictator in charge of the USA today, and it is plenty transparent that you voted for him and you love everything he's doing. Everything else is just misdirection so you can try and confuse any bystanders, abusing the very same 'niceness' and 'non-political' messaging you accuse others of breaking all the time.

Let's not mince words here anymore. Everyone can see through you. If you're doing it deliberately, congratulations.


And it's painfully obvious that he's got a lot of unresolved hatred and bigotry issues.




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