on 2008-07-14 05:00 pm (UTC)
You can totally legislate sinfulness in a democracy. The only document we have which determines what sorts of things you can make law out of is the Constitution, every other theory about what opinions people should or should not vote for is just personal opinion. Now *I* think we shouldn't legislate victimless crimes, but there's nothing innate to democracy to prevent the legislation of morality.

The "failing" here is not matching our more liberal view of the ideal role of laws, not being bad at modern democracy.
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