The dissonance between the intellectual vision and the experience and opinions of the public has led to a new phenomenon in recent years, sometimes called “totalitarian democracy.” Whereas in earlier times — the New Deal era, for example — the “intelligentsia saw The People as its ally in the struggle for power,”214 and “a plebiscitary interpretation of democracy”215 was considered a hallmark of liberalism, they now see public opinion and democratic processes as obstacles to be overcome. While intellectuals still speak in the name of The People and espouse democratic ideals, “their ceaseless strategy is inconsistent with their professed thought.”216 Such strategy features “rules that minimize majority participation, thereby permitting a small faction to gain control.”217 Whether within political party caucuses, environmental agencies, or other social decision-making institutions, complex rules and tiresome procedures are sorting devices that ensure the differential survival of intellectuals in decision-making processes. These procedures are, in effect, “the poll tax that the New Elite has been imposing on everyone else.”218 Recourse to courts and administrative agencies as the preferred mechanisms of decision making also favors the chances of intellectuals in imposing their vision on the rest of society. As a leader in the fight for eliminating capital punishment observed, there was “an unmistakable preference for the courts,” because reform through democratic legislation requires either “public consensus or a powerful minority lobby,”219 as contrasted with the greater ease of attempts to “market new constitutional protections to judges.”220 A bow toward democracy is made with claims that the newly created “constitutional” rights are “a response to deeply rooted social conflicts that elected representatives have not addressed” because “the interests that the Court protected could not mobilize sufficient power,”221 but these vague references to “deeply rooted social conflicts” and “power” boil down to the simple fact that a majority of the public — indeed, “a twenty-year high” — supported the death penalty in the midst of the intellectuals’ crusade to abolish it.222 Appeals to a higher moral code — of which they are axiomatically the keepers — not only justifies the superseding of the democratic will or the constitutional processes, but justifies calling it “democracy,” for it is what the people