“We the people” is a weird constellation. Is the plural subsumed under the singular or is it the other way around? Who is “We” and what is a people? Well in the case of “We the people,” “We” are the “people” of the United States, but again what does this entail? This question has no doubt been scrutinized endlessly by jurists and philosophers and our goal here is not to attempt what better men and women have already achieved. It is simply to draw attention to an unsettling frequency of similar statements in current political discourse and the problematic consequences thereof.
Let us begin at home. At their main annual convention this summer, leader of Danish People’s Party Pia Kjærsgaard said something like the following: “So while the potential maximum penalty for a crime has maybe doubled, the actually passed sentences have only augmented slightly. We will not stand for this. The judges are not the rulers of this country!” As well as crying out for mandatory minimums, this angry minx is decreeing the power of “We” over the power of the judges. “We the people” may be sovereign in American law but even the Americans try to uphold the seperation of powers as described by Montesquieu. Kjærsgaard is actually calling for direct popular control of the judiciary branch. “We the people shall not accept delicate judicial treatment of those who dare defy our laws.”
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