Tag Archives: amendment

The death of democracy is in our demographics, and our antiquated Constitution

Ezra Klein at Vox.com made several important observations about our democracy in a recent post about President Trump’s nomination of an associate justice to the Supreme Court. The Supreme Court vs. democracy:

Such appointments are becoming the norm. With Justice Kennedy’s replacement, four out of the Supreme Court’s nine justices — all of whom have lifetime tenure — will have been nominated by presidents who won the White House, at least initially, despite losing the popular vote.

There’s nothing necessarily wrong with that. America, for all its proud democratic rhetoric, is not actually a democracy. Until and unless the country chooses to abolish the Electoral College, it will remain not-quite-a-democracy, with all the strange outcomes that entails. Liberals may complain, but the rules are the rules, and both sides know what they are.

But the Supreme Court’s conservative bloc doesn’t just reflect the outcomes of America’s undemocratic electoral rules; it is writing and, in some cases, rewriting them, to favor the Republican Party — making it easier to suppress votes, simpler for corporations and billionaires to buy elections, and legal for incumbents to gerrymander districts to protect and enhance their majorities.

The Supreme Court has always been undemocratic. What it’s becoming is something more dangerous: anti-democratic.

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Amend the Constitution to reform the U.S. Senate

While the U.S. Supreme Court grapples with the question of ending partisan gerrymandering of House seats, little attention is paid to the truly undemocratic Senate where each state, regardless of population, has two senators, the result of the Connecticut Compromise between the large states which wanted equal representation in Congress based on population, and the smaller states that worried about losing autonomy to the larger states. The undemocratic nature of the Senate offended many of the framers but it was necessary in order to obtain ratification of the Constituion by the states. It was a compromise of political expediency that has long since outlived its purpose.

America has developed from a rural agrarian society in 1787 to an urban population overwhelmingly concentrated in large metropolitan cities. This has resulted in the United States now being a non-majoritarian democracy, in which small rural states weild a disproportionate share of political power over the majority living in more populous states.

Population Map

E.J. Dionne Jr., Norman J. Ornstein and Thomas E. Mann,the authors of “One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet-Deported,” explain this dynamic in an op-ed today, Why the majority keeps losing on guns:

Why does our political system make it impossible even to consider solutions to gun violence? After the massacre in Las Vegas that has so far taken nearly 60 lives and left more than 500 injured, the first reaction of the many politicians who carry water for the gun lobby was to declare it “premature” to discuss measures to keep guns out of the wrong hands.

The “premature” word echoed from President Trump’s White House on down, and those who used it were really saying that Congress would never enact even modest efforts to prevent mass shootings. This is damning evidence of the stranglehold that far-right lobbies have on today’s Republicans, who extol law and order except when maintaining it requires confronting the National Rifle Association.

But something else is at work here. As we argue in our book, “One Nation After Trump,” the United States is now a non-majoritarian democracy. If that sounds like a contradiction in terms, that’s because it is. Claims that our republic is democratic are undermined by a system that vastly overrepresents the interests of rural areas and small states. This leaves the large share of Americans in metropolitan areas with limited influence over national policy. Nowhere is the imbalance more dramatic or destructive than on the issue of gun control.

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