Is it possible that Election Day is finally upon us? Some other time, I’d like to write about the craziness of having these election seasons that go on endlessly—you can expect the 2024 campaign to begin in all but name about a quarter-hour after the new or not-new president is inaugurated in January—and particularly in light of the relative sanity that prevails in other countries, where political campaigns last mostly for several weeks or months. (The minimum length of an election campaign in Canada is thirty-six days, for example, but the longest on record was only eleven weeks. The candidates give a few speeches, the party publishes its platform, there are some interviews and a debate or two, then the polls open and the nation votes. Only here, where the date of the next presidential election has nothing to do with the fate of the current government, is it considered normal for people to spend two or three years campaigning for office.) Today, however, I’d like to use this space to write instead about the concept of participation in an election itself.
While perusing the corners of the blogosphere
that are my regular haunts, I’ve occasionally noted the opinion put forward
that the American system of government is an outgrowth of the specific kind of
democracy invented (and named) by the ancient Greeks and that, therefore, it
can only be supported by Jews and Christians willing to set aside what
Scripture teaches us about the way people should consent to be governed to embrace
a system unrelated to their own spiritual heritage. Generally written by people
who know their Bible but who are wholly ignorant of rabbinic tradition, these
essays are mostly the work of people who find the distinction between ancient
Israelite religion and modern Judaism a triviality to be skipped past rather
than a detail of profound importance. How this could or should work for
Christians, I’ll leave for others more qualified than myself to puzzle out. But
for Jews, the question itself of whether people guided by Jewish tradition
should enthusiastically embrace or merely stoically accept the concept of
representative democracy is the question I’ve been pondering in these last days
leading up to the election.
It surely is so that the Bible does not envisage
the ancient Israelites participating in anything like a Jeffersonian democracy.
Indeed, biblical tradition imagines an ideal state governed by a king who acts
solely in accordance with the law of the Torah and actually goes so far as to
legislate that the king may only be seated on the royal throne when he is
actually holding his personal scroll of the Law in his arms. How practical that
was, or if the kings of Israel truly obeyed that injunction, who can say? But
it is a stunning image nonetheless, something along the lines of our nation
requiring by law that the President actually hold a copy of the Constitution in
his hands whenever meeting with visitors in the Oval Office or making a public
address. (That might actually not be such a bad idea, now that I think of it.) Interestingly,
the king isn’t expected to be a Torah scholar who can personally puzzle out obscure
point of law: in cases where Scripture does not directly address some specific
issue with which the king needs to deal, a large squadron of court prophets is
also imagined to be in place specifically to transmit the word of God to the
sovereign on an issue-by-issue basis. So the model of which those authors I
referenced above are so enamored basically features God ruling the nation
through the agency of a king who gets his governing instructions from God one
way or the other: either directly from his own informed contemplation of
Scripture or indirectly from the squadron of house seers installed in the
palace for that precise purpose.
But that ideal kingdom is not where any of us
lives today. Yes, it is certainly so that Jews who say their prayers in the
traditional mode give voice daily to the hope that the messianic era will
feature just such a king of the House of David empowered to rule over the Land
of Israel in the mode described just above. But in our pre-redeemed world, the footfalls
of the messiah have yet to heard even in the distance. For better or worse, we
are—for the moment, at least—on our own.
I suppose it could be possible to argue that
the kind of democracy that has evolved as the basis for government in these
United States is thus merely an attractive stop-gap measure that
traditionalists should support until the aforementioned footfalls become
audible in the distance. There is, however, a rabbinic idea that actually corresponds
precisely to the notion of participating in an election to choose a national
leader. And that suggests to me a way to frame voting in a national election as
a personal decision fully in sync with tradition.
In Jewish law, the concept of agency guarantees
individuals the right to appoint agents to act on their behalf. When put baldly
like that, it sounds almost banal. But behind that apparent banality is the legal
force that enables the individual to act profoundly in ways that would
otherwise be either impossible or, at the very least, impractical. For its part, the Talmud speaks about the
concept of agency in absolute terms, going so far as to say that “the agent of
an individual is legally empowered to act as though he or she were the
individual him or herself.” There are exceptions, of course. For one, the
Talmud makes clear that “the concept of agency is inoperative when the agent
has been appointed specifically to commit a sin.” In other words, you can’t
escape the consequence of wrongdoing by appointing an agent to commit the deed
for you. So you can avoid the need to travel to a different locale by appointing
an agent to marry your future spouse on your behalf or to act “as yourself” in divorce
(or any) court, but you can’t escape the consequences of murdering someone by
hiring a hitperson to pull the trigger. Nor was this “just” a regular feature
of classical law in ancient times: it appears, at least in the broad way it was
construed by the ancient sages, specifically to be a feature specifically of
Jewish law. (The second exception, however, regards the commandments
themselves: it is not deemed legally possible to hire an agent to fulfill
obligations to God. You cannot, therefore, appoint someone to say the Shema for
you or to put t’fillin on during morning prayers as though that person
were you. Nor can you appoint an agent to eat matzah for you at the Pesach
seder or to dine in a sukkah or to hear the shofar blasts during
Rosh Hashanah.)
That set of ideas creates an interesting
framework for considering the role of the individual in a republican democracy,
because it leads directly to thinking of elections as opportunities for
individuals to appoint as their agents the individuals they wish to see lead the
nation forward. That we do this collectively—i.e., as a kind of contest in
which the winner becomes the agent of us all—is just a function of the fact
that no nation could function if each individual were to appoint his or her own
congressperson or choose personally to serve him or herself. For practical
reasons, then, we do this as a group…but the basic principle that underlies the
effort is still that, by
voting, we are appointing individuals as our agents to represent us in the
Congress and to serve as President. We send them not to commit sins that we
don’t want to sully our own hands by undertaking (that wouldn’t be allowed) or
fulfill our own spiritual obligations to God, but specifically to act on our
behalf to ensure the security of the nation, to guarantee justice for all its
citizens, to create a safety net into which people unable to care adequately
for themselves may fall, to oversee the education of our children, to care for
our veterans, to guide our nation to its rightful place of leadership in the
forum of nations, to watch over the planet and prevent humanity from
irrevocably soiling its collective nest, and to guide our nation into solid,
mutually beneficial alliances with other countries. By casting my vote on
Tuesday (and, yes, I am planning to vote the old-fashioned way: in person and
on Election Day), I understand myself to be participating in a national effort
to appoint the individuals who will lead the nation forward.
Because I think of our representatives in
Congress and as the President as agents appointed by myself (and several
hundred million others) to act on our behalf in the world, I feel a concomitant
freedom to inform those people regularly how I wish them to act and what I wish
for them to attempt to accomplish.
It sounds a bit passé these days to refer to
members of the Congress or to the President and Vice President as servants of
the people, but the way the word “servant” is used in that expression comes
close to what I hear in the Hebrew shaliach, the standard word for
“agent.” So, to answer those who feel that participation in representative
democracy is by definition an act undertaken outside the concept of tradition,
my answer is that there really couldn’t be a more traditional way to think
about governance than by imagining the citizenry banding together to appoint an
agent to do their bidding and lead them forward.