America is a good example of where we used anti-democratic institutions towards democratic ends. We retained a parliamentary body, but we subordinated it to the Constitution rather than maintaining the premise of parliamentary supremacy. We retained the previous makeup of Congress in the Senate much to Madison’s chagrin, and even improved it somewhat by going from 1 State Vote to 1 State 2 Separate Votes; in exchange we got buy in during the ratification conventions. We put an elected official in Office in place of a King, with term renewal. We introduced an Electoral College into the process because these were the pre-Telegraph pre-Railroad days where it might take six weeks to go from the Potomac to Philadelphia, and made Congress the fallback when the EC couldn’t decide on an overall winner (this process was expected to be used more than it has been, most notably in 1824). We came up with political parties, and they functioned very well for a long time at keeping riffraff and people morally unfit for Office from ever coming close to the White House, up until we threw open the doors to the smoke filled rooms and made it so any DINO or RINO could run for President under the Party banner which is now we ended up with President Trump and Bernie Sanders was twice a serious contender in the Democratic Primary despite not serving as a member of the Democratic Party. Juries have absolute power over one simple question: guilty or not guilty, and peoples’ lives hang in the balance of that question.
Liberty is natural, but we do temper it with morals (it is sinful to kill) and laws (we will execute killers). There is no justice in lawlessness, and if men were Angels we wouldn’t need justice.
> Another thing is that liberty is very difficult to define, and anything from a libertarian paradise to a socialist one (as in Scandinavia) can be the most liberty for different people.
This speaks to our collective failure as a society to regulate our morals and understand our liberty. In part it is because we rely too much upon the State to do so for us. What societal understanding we do have of our own liberty is rooted in our liberties under the Common law, which despite its name, is as much tradition as it is law, traditionally tempered by Courts of law and equity, but which can be overturned by statute; and the natural law.
We don’t have a law saying that you have a right to live, to have sex, to have children, and to form a family. Nor do we have laws saying that you have a right to engage in commerce. These are rights, but not rights in the positivist sense where the State will provide these things for you under rational principles, but rights that are intrinsic to being born alive and grow healthy enough to engage in these pursuits. If you are sterile, you cannot sue for a remedy from nature for this misfortune, although our society is vast enough and complex enough that you might still form a family by other means, it is not owed to you.