Comment by AnthonyMouse

Comment by AnthonyMouse a day ago

52 replies

This is what constitutions are for. When you have the support, you install a constitutional protection that says the government can't do this. Repealing the protection requires the same super-majority needed to pass it, so changing the law isn't just a matter of the tyrants needing to get back to 51% from 49%, they have to get from 33% to 67%.

Then you layer these protections against multiple levels of government so they'd all have to be repealed together by separate legislatures before the government is allowed to do it, discouraging the attempt.

Aeolun a day ago

Hah, I was going to say that sounded needlessly heavy handed.

Then I checked what the Netherlands does and found that changing the constitution doesn’t merely require you to get a majority, it also requires you to survive at least one election and keep that (super)majority before you can even begin.

  • AndrewDavis 18 hours ago

    Even that sounds easy compared to my country. In Australia a constitutional change requires a referendum, with a double majority condition to pass. Specifically it requires the vote in over half the states to be in favour, in addition to the overall national vote in favour.

    • klardotsh 17 hours ago

      That described Dutch system also sounds relatively easy compared to the US model, which requires 2/3 votes in each chamber of Congress (meaning the people-based one and the land-based one), *then* 3/4 of the states (so another land-based check) have to ratify it.

      Functionally this means that in the modern political climate, the US Constitution is fully frozen with no hope of amendment really ever again.

      • JumpCrisscross 2 hours ago

        > this means that in the modern political climate, the US Constitution is fully frozen

        Would note that this is a very modern phenomenon, with Nixon having considered pushing for abolishing the electoral college in the 70s.

      • Aeolun 9 hours ago

        Yeah, I wasn’t clear enough. The first vote (before the election) requires a simple majority vote. The second vote (after the election) requires a 2/3 in favor vote in both houses.

        I’m not sure if that’s worse than 3/4 states since the Netherlands isn’t so politically localized.

  • beng-nl 13 hours ago

    Please reboot your government for the changes to take effect.

Youden a day ago

I'd argue that this is unnecessary in Switzerland due to the existing referendum system.

After the government passes a new law, opponents have 100 days to collect 50000 signatures. If they manage, the law will not take force until it's approved by a vote by the populace.

  • AnthonyMouse a day ago

    The way authoritarianism work is they pick some enemy to rally against and convince people that the ends of stopping that evil justify the means of becoming evil. The problem with this is that it can garner 51% support within the population for temporary periods of time, so you need a system that can prevent it even in that environment. This typically means that violations of fundamental rights should require significantly more than 51% popular support or require changes in public sentiment to stick for a period of time before they can make foundational changes (e.g. only a third of the US Senate being up for election every two years).

  • SllX 19 hours ago

    > After the government passes a new law, opponents have 100 days to collect 50000 signatures. If they manage, the law will not take force until it's approved by a vote by the populace.

    I generally hate ballot propositions within the context of California (or American States really, but I put my energy towards the State I actually live in and care the most about), but that's an interesting way to do it. Have there been any significant downsides to this specific clause[1] in Switzerland?

    [1] Let me emphasize: "this specific clause" being the one I quoted. I'm not looking for a general discussion on all forms of ballot propositions whether pro or anti.

    • dbrgn 17 hours ago

      Downside: Sometimes laws can be delayed for 1+ years due to a referendum. The political process is slower and big reforms are much harder.

      Upside: Lawmakers need to write balanced laws or they face threats of referendum signature collection from other parties or civil organizations. Often in political discussions you hear that "position X won't stand a chance in a referendum". That is a good thing.

      • zahllos 11 hours ago

        Further additions to your comment. Expanding on your downside: Big reforms like giving women the right to vote only took effect in 1971 on the federal level. On a cantonal level, Appenzell-Innerhoden had to be forced into it in the 90s by the Tribunal Federal, but well.

        I'd add some advantages to the upside as well: some changes require a referendum, such as changes to the constitution. But there's more: a popular initiative can be launched and if you collect 100,000 signatures in 18 months, you can force a vote on your own law. This is most commonly done by political parties and adjacent organisations, so it is at least feasible that a privacy-conscious organisation could launch an initiative to make it illegal to store any kind of user-identifying data. It is even possible private citizens could do it. There would likely be a "contre-projet" arguing why this isn't a good idea, but there is often a for/against for any initiative or referendum and they get to present their views in detail (in paper booklets, the vote swiss app, and on the federal chancellery website).

        Further upsides: unlike US/British/some other countries, nobody has a 50% voting block in the Swiss parliament and it has remained a coalition since the modern iteration of the country (since 1848).

        Basically Swiss politics is extremely deliberative. I honestly think "we will quit Switzerland if they do this!" is a bit of a hyperbolic reaction.

      • SllX 15 hours ago

        Ah, so the referendum isn’t then scheduled for a date in short order if the requisite signatures are collected but held at the next regularly scheduled election? Fair enough.

        I like the sound of the upside a lot though.

        • zahllos 11 hours ago

          Yes, except that the "votations" happen 4x per year. Here are all the next ones: https://www.bk.admin.ch/ch/f/pore/va/vab_1_3_3_1.html

          Each will have 1-4 issues (approx) scheduled. Elections for politicians happen every 5 years, but no need to wait for those. What takes time (for votations) is the process: you have to verify the signatures once they're handed in at the federal chancellery and then decide when to schedule it.

  • j45 a day ago

    Or if there was a law clarifying not to tread on privacy if that’s what the population has latest indicated, this kind of effort wouldn’t always need yo be wasted.

    Asking the unpaid population to put in free labour all the time seems like a deterrent.

    • hluska 21 hours ago

      Democracy is fundamentally about putting in free labour. That’s just how it works, from the lowliest municipal elections up to federal. It’s a lot of unpaid labour.

      That system works and has worked for a long time.

      • refactor_master 20 hours ago

        I think that’s an oversimplification. You can’t take the “free labor of performing democracy” and put it to equally good use doing anything else I can think of.

        I guess you could work in soup kitchens, but that’s horribly inefficient welfare compared to just electing competent leadership, if the ultimate aim is to benefit The People.

        • j45 19 hours ago

          Agreed on oversimplification

          It’s more putting the burden on the people

          By free labor I meant the bureaucrats who are paid in the otherwise to make the laws

dspillett 12 hours ago

Constitutions can still be ignored, at least temporarily, by incumbent governments, as evidenced most recently by some actions of the current US administration.

Also, the sort of majority needed to enact a constitution change to install a protection in the first place, can be very difficult to attain.

greyw a day ago

In Switzerland you can change the constitution with popular votes. That only requires for 50% of the voters to agree and half of the cantons.

  • AnthonyMouse a day ago

    Then get half the voters to agree to make it two thirds. After you put the other protections in, naturally.

    • philistine a day ago

      You’re arguing for massive changes to a very unique country with the oldest democracy in Europe. Unless you’re Swiss, or have credentials related to Swiss law, I don’t think you’re arguing anything realistic.

      • AnthonyMouse a day ago

        Countries can be as unique as they want to be, but they still need a system for preventing authoritarianism. The existing system is fine if it's effective and not fine if it isn't.

    • im3w1l a day ago

      Requiring 50% in a referendum is different from and safer than requiring 50% in a parliament vote. A parliament can go against the people that elected them.

      • AnthonyMouse a day ago

        It's an additional check. That's good, but it isn't always sufficient, because sometimes you can convince 51% of people to do something wrong.

timeflex a day ago

And then you make it so when the tyrants do get back to 51% that they can just ignore the constitution instead. And might as well make sure there are only two major political parties so even though the tyrants ignore the constitution, that the other 49% will stay busy stuffing their pockets with foreign donations.

  • AnthonyMouse a day ago

    These are independent problems.

    To prevent the government from ignoring the constitution, create remedies in each of the other branches of government. The US doesn't make this as strong as it should be. Constitutional challenges in the judiciary get shut down as a result of standing or sovereign immunity when that ought not to happen, and there should be a better mechanism for states to challenge federal constitutional violations.

    The two-party system in the US is caused by first past the post voting. Use score voting instead. Not IRV, not some other nonsense, a rated voting system that removes the structural incentive to avoid spoilers by limiting the number of parties.

    "The existing system isn't perfect" is why you improve it, not why you give up.

    • nerdsniper 20 hours ago

      Approval voting is also worth considering, where you put a checkmark in the box for any candidate you’d be okay with. Advantage over ranked choice is that communicating the scoring to citizens is simple: “$CANDIDATE received the most checkmarks.” Whereas with ranked voting, the person who gets the most #1’s might not win and that can confuse some citizens.

      Approval voting would result in “the okay-est” candidate winning rather than anyone towards an extreme winning in the primaries. Works well when there are a lot of fairly similar milquetoast candidates that split votes, like the Republican primaries of 2015.

      • AnthonyMouse 13 hours ago

        > Whereas with ranked voting, the person who gets the most #1’s might not win and that can confuse some citizens.

        Not ranked voting, ranked voting is still very broken. Rated voting. Approval voting is a rated voting system.

        Score voting: Rate each candidate on a scale of 1 to 10.

        Approval voting: Rate each candidate on a scale of 0 or 1.

        Score voting (or STAR) is generally better and the argument that people are going to be confused by "that thing they use at the Olympics" is nonsense, but approval voting is fine if you want to silence the complainers while still using something that basically works.

        • amalcon 6 hours ago

          Score voting is just approval voting with an additional permitted tactical error.

          In both systems, the correct tactic is to determine the two candidates most likely to win. Then, assign maximum score to whichever of those is better and to everyone preferable to that candidate.

          It is never correct to assign a score between the minimum and the maximum, so why allow it in the first place?

flir a day ago

That's how you ossify.

  • AnthonyMouse a day ago

    If preventing the government from abusing the population is ossification then the government should be made entirely out of bones.

brnt a day ago

Constitutions are amended all the time. The French even have a proces for reboots of the Republic.

These are goods things.

  • puzzledobserver a day ago

    The Indian Supreme Court introduced the Basic Structure Doctrine in 1970, allowing the judiciary to overrule constitutional amendments if they are found to contradict the "basic structure" of the constitution.

    It's original purpose, if I understand correctly, was to guarantee that fundamental rights were an essential part of the constitution and couldn't be amended away.

    Wikipedia says that multiple countries appear to have adopted the principle: Pakistan, India, Bangladesh and Uganda.

  • landl0rd a day ago

    No it's not. Constitutions are the bones of a republic. They are the framework that gives the government power and that checks that power. Letting it mess with that too much or too often is bad.

    Constitutions should be simple. They should delegate very little power to governments and focus mostly on constraining those governments. They should be changed very rarely.

    Adaptable government with changing scopes belongs at lower levels of governance (mostly very local) or nowhere.

    • maigret 14 hours ago

      France disagrees. They iterated 5 times on it and it fixed big flaws each time.

      What keeps a country in check is not a constitution but a politically informed and active population. The US shows us right now that the constitution is just a piece of paper.

      • AnthonyMouse 3 hours ago

        > The US shows us right now that the constitution is just a piece of paper.

        A constitution isn't just words, it creates a structure that exists in actual reality. The day before the tyrant comes you have multiple branches and levels of government. That stuff doesn't instantaneously cease to exist if they try to rip up the piece of paper, and its purpose is to fight against anyone who tries to rip it up.

        If it fails at that purpose, your constitution contained insufficient checks and balances.(Notice that several of the ones in the original US constitution have been removed, and that was a mistake.)

      • landl0rd 6 hours ago

        France had a vastly bloodier path to that constitution as you know. And france’s constitution today is pretty bad. It fails to protect basic freedoms like speech and arms. It moves too much responsibility to the feds. Etc.

  • tekla a day ago

    Constitutions that are easy to amend are basically universally a piece of toilet paper.