What Did the Founders Mean by “Democracy”?

In the context of rightwingers’ asserting all over the Internet that “this is a republic, not a democracy,” I’m going to quickly review here the question of what the founders meant when they used the term “democracy.” For while the right is wrong in asserting that this isn’t a democracy — it is supposed to be one, now — some assertions in response, explaining the founders’ uses of the terms “republic” and “democracy,” are wrong too, and wrong in ways that erode public understanding of how we got from an elite republic to a democratic republic.

What did the founders mean when they said “democracy”?

They meant many different and at times contradictory things.

Yet a common response intended to shut down the glib right-wing “republic not democracy” assertion makes the founders simplistically consistent in the opposite way, as summed up in the law professor and activist Lawrence Lessig’s Medium entry on the subject, posted back in 2016 and recently revived on Twitter:

Yes, it is true, the Framers meant to establish “a Republic.”

And yes, they openly and repeatedly criticized “democracy.”

But the “democracy” they were criticizing was “direct democracy,” and the “Republic” they were championing was “representative democracy.”

Lessig’s claim that when the framers criticized democracy they meant only to criticize direct democracy — holding a popular referendum on every law and issue, with no representative layer — doesn’t stand up to a second’s scrutiny. Of course the framers disliked direct participation and favored representation: they didn’t want the electorate voting to pass and repeal laws; they wanted the electorate voting to choose representatives who would vote on passing and repealing laws. Some of the founders wrote eloquently on the virtues of a representative system: Lessig cites Madison to that effect. And it’s true that Madison and others sometimes explicitly used “democracy,” to refer disparagingly to direct democracy, in contrast to a representative “republic.”

But that was all talk, in the sense that the founders had no experience of direct democracy. Continue reading