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there are downsides and unintended consequences to every optionEven so, there are not the same "downsides and unintended consequence" to every option, nor they have the same impact for every option chosen.
So, this is not some "6 of one, half a dozen of the other" case.
>The question is, do we want that power to be controlled democratically or to be arbitrarily exercised by the most powerful?
Whatever we want, in practice, and for pragmatic reasons, we usually get just a mix of both. So it makes sense to have laws that don't give so much possibility for arbitrary execution, or don't give too much power when arbitrary executed.