Why America Has Minority Rule

As the election season heats up, saving American democracy has become a central preoccupation of those of us who fear a second Trump administration. But even if we are able to turn back the threat posed by MAGA and Trump, we will need to face the fact that America hasn’t been a true democracy–or democratic Republic– for quite awhile (if ever), even if your definition of democratic rule incorporates the limits on majority rule imposed by the Bill of Rights. (I do accept that definition–the Founders created a system that empowered majority decision-making on many things, but limited the power of government when such limits were necessary to protect individual rights. Those are limitations we can live with.)

Other limitations, not so much. Thanks to the composition of the Senate and other obsolete electoral mechanisms, America is currently governed by a (largely rural) minority.

I’ve frequently alluded to that reality, and to both the pressing need to change it and the difficulty of doing so, but as my oldest son noted when he shared a link to a Mother Jones article, “This article provides an excellent overview of the situation.”

He’s right.

The article was abstracted from Ari Berman’s new book, Minority Rule: The Right-Wing Attack on the Will of the People—and the Fight to Resist It, which will be published April 23.  Berman began by quoting a recent speech by President Biden, in which he warned: “We’re living in an era where a determined minority is doing everything in its power to try to destroy our democracy for their own agenda.”

That’s undoubtedly true. But the crisis Biden described—and the choice facing the nation this November—is much older and deeper than Trump. A determined minority has been trying to shape the foundations of American governance for their own benefit since the inception of the republic. For more than two centuries, a fierce struggle has played out between forces seeking to constrict democracy and those seeking to expand it. In 2024, the country is once again immersed in a pivotal battle over whom the political system should serve and represent.

Berman writes that the United States has historically been a laboratory for both oligarchy and genuine democracy, and that understanding that fight requires us to grasp what he calls the “long-standing clash between competing notions of majority rule and minority rights.”

The founders, despite the lofty ideals in the Declaration of Independence, designed the Constitution in part to check popular majorities and protect the interests of a propertied white upper class. The Senate was created to represent the country’s elite and boost small states while restraining the more democratic House of Representatives. The Electoral College prevented the direct election of the president and enhanced the power of small states and slave states. The makeup of the Supreme Court was a product of these two undemocratic institutions. But as the United States has democratized in the centuries since, extending the vote and many other rights to formerly disenfranchised communities, the antidemocratic features built into the Constitution have become even more pronounced, to the point that they are threatening the survival of representative government in America.

I was especially struck by the following paragraph, which succinctly sums up where we find ourselves today:

The timing of our modern retreat from democracy is no coincidence. The nation is now roughly 20 years away from a future in which white people will no longer be the majority. New multiracial coalitions are gaining ground in formerly white strongholds like Georgia. To entrench and hold on to power, a shrinking conservative white minority is ­relentlessly exploiting the undemocratic elements of America’s political institutions while doubling down on tactics such as voter suppressionelection subversion, and the censoring of history. This reactionary movement—which is significantly overrepresented because of the structure of the Electoral College, Congress, and gerrymandered legislative districts—has retreated behind a fortress to stop what it views as the coming siege.

The article reinforces what numerous legal scholars and historians have argued, that the compromises the Founders made in the late 1700s–intended to keep the new nation together– are enabling minority rule in 2024, and ripping the country apart in the process. In 1776, there was fear of majoritarian excesses–what many of the Founders called “the passions of the majority.” Today, we face the excesses of a frantic and fanatic minority–a minority empowered by long-ago structures aimed at a very different target.

The article is lengthy, but well worth reading in its entirety. As my son noted, it provides an accurate and comprehensive description of the systemic problems that have hollowed out American democracy and brought us to the current impasse.

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Saving The World

I sometimes wonder what historians living a hundred years from now–assuming there’s still a planet populated with humans a hundred years hence–will dub these times? The Age of Chosen Stupidity? The Age of Tribal Reversion? Or perhaps The Age of Angst? (I think the Age of Anxiety has been taken…at least in poetry..)

It sometimes seems as if Americans who engage in or follow politics are divided into two camps. One is angry, resentful and acting-out (shorthand: MAGA), and the other is reacting to them with worry and anxiety. I know that I fall into that second group, and assuming my Facebook feed is representative, there are a lot of other people who are equally concerned about the threats to democracy, civility and the rule of law, and depressed by the seeming inability of individual action to counter those threats.

People who are “control freaks” (I plead guilty) are particularly affected by perceptions of powerlessness: tell me the only way to solve a problem is to climb that mountain, and I’ll put on my hiking boots. Tell me there is little or nothing I can do to solve that problem–that my small, local efforts really can’t make much of a difference– and I get depressed.

In the run-up to what will be an enormously consequential election, a lot of us feel pretty helpless.

But I recently came across a message that I found helpful.

The “Spark of Genius” newsletter highlights good news–progress on saving the environment, medical breakthroughs that save lives, government innovations addressing persistent problems. The linked issue addresses the anxieties of people frustrated by limits to our individual effectiveness; it was titled “Stop Trying To Save the World.”

When we try to be the hero, we act as if one person alone must do something great and heroic to enact change. We give ourselves too much importance.

When we employ a “yes, and” approach, we pile so many roles and responsibilities on ourselves that we can’t focus on what matters most. We give ourselves too many priorities.

But there’s a third way we can try to do too much. We try to take on the whole wide world and all its problems. Our scope is too broad. We forget that simply tending to our own lives and making authentic human connections is almost always the most impactful thing we can ever do.

The author acknowledges the multiple challenges we face:

the climate crisis, biodiversity loss, economic inequality, diseases of despair, pandemics, growing authoritarianism, terrorism, gun violence, runaway technological advancement, the erosion of shared knowledge and meaning, and much more. Together, these individual crises all complicate, exacerbate, and deepen one another, creating a knot of crises.

On top of all that, our experience of these crises is a crisis itself. Living with the troubling challenges of our world so often elicits anxiety, despair, and existential dread within us. This existential crisis then erodes our capacity to address the world’s more tangible challenges. As our capacity erodes, the problems intensify, and our existential crises deepen even further, and on and on. It’s the ultimate “wicked problem.”

As the article notes, caring people see the immensity and complexity of these challenges, which leads to a growing existential dread about the likely outcome and especially about one’s complicity in that outcome. Good people “yearn to do something meaningful that truly contends with this immensity and complexity.” But most of us are not in a position to save the world.

Because of that, perhaps the most strategic, elegant, all-encompassing contribution to the meta-crisis any of us can offer is simply showing up in our actual lives with more vulnerability, kindness, compassion, and courage. It’s making authentic human connections the very foundation of our lives and careers. It’s showing up to life with more heart…

Don’t overthink it. To get straight to the heart of the meta-crisis, you can just go straight to your own heart. It really can be as simple as that, if you let it.

The author is certainly not suggesting that the major innovations and breakthroughs that the newsletter reports are unimportant. The point is that most of us can only do what we can do– and that when we do whatever it is we are able to do with more kindness and courage, it really does make a difference.

If millions of Americans were to take that advice to heart, if millions of us model civility and helpfulness while we do the “small stuff”–registering voters, writing postcards, donating to campaigns, etc.– it really would make a difference. Maybe we can’t  save the world, but we can improve our little corners of it.

And if enough people did it, maybe it could save the world.

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Endorsing Warrenism

Wil Wilkinson had an interesting column in The New York Times a while back.His general thesis is pretty well summarized in this paragraph:

Democrats are hungry for reform, not revolution. To oust Mr. Trump and especially to govern effectively, Democrats need a fighting creed that avoids both Mr. Biden’s blinkered complacency and Mr. Sanders’s quixotic hand-waving. She may be gone from the race, but Elizabeth Warren has a plan for that. Democrats should pick up the fallen flag of Warren-ism and run.

Wilkinson points to the uncomfortable truths that sentient Americans now recognize–our government is increasingly corrupt, and that corruption isn’t confined to the Trump crime syndicate ensconced at the White House.  It has been building for many years.

A self-reinforcing spiral of regulatory capture, self-dealing and influence-peddling has led to intensely concentrated power that is at once economic and political. That concentrated power has rigged the rules that define the structure of America’s democracy and economy to the advantage of the powerful at the expense of ordinary Americans. This has deprived us of our most vital means of collective self-defense: meaningful democratic control over the institutions that shape our lives. Unless we fight to unrig the system, millions of us will continue to live and die on the terms of unaccountable power.

Wilkinson notes that while Warren’s “I have a plan” approach is seen as less revolutionary than Bernie’s inflexible socialism, it is for that very reason more threatening to the plutocrats who benefit from our systemic distortions, because it’s much more realistic about the way things actually work– the political and economic incentives that ultimately determine who gets what and how much.

I personally support what Wilkinson calls “Warrenism”–especially her hostility to the gerrymandering, voter-ID laws, felon disenfranchisement and the filibuster that rig the system and make a mockery of equal representation.

Warrenism grasps what many other Democrats (like Mr. Biden) don’t: Liberalism is on the ropes because it became complacent about power. We liberals got ahead of ourselves and began to take the institutions of inclusive, liberal-democratic capitalism for granted — despite the fact that our first serious strides toward full democratic equality were taken well within living memory. The collapse of Communism made us think we’d won for good, and we became fixated on tweaks to liberal institutions to enhance economic efficiency or make them better conform to academic ideals of distributive justice rather than tackling their deep-seated structural and procedural flaws.

Read that paragraph again, because it identifies our greatest challenge: our inability as citizens to recognize the dangers of complacency, and our obligation to consistently participate in the political process. No political contest is ever won or lost for good. Apathy is always dangerous, not least because when people finally wake up to the mischief done to democracy while they were “checked out,” they too often respond by over-reacting (what we used to call “throwing the baby out with the bathwater.”)

That’s why I hope Elizabeth Warren stays in the Senate, where she has been so effective and can move that body (hopefully, under new leadership) in the right direction. I know many fans want to see her as Vice-Presidential candidate, but as John Nance Garner reportedly said,” being Vice-President isn’t worth a bucket of warm spit.”

Elizabeth Warren’s great talent is her ability to offer studied and calibrated solutions to the complex structural problems that bedevil us. She has produced what Wilkinson calls a “tough-minded agenda for returning control to the democratic citizenry,” and he says that while we are arguing among ourselves about whether the rise of populist nationalism is due to economic or racial anxieties (or both), whether we need a universal basic income,  or whether the fine print of Bernie’s Medicare for All Plan is the best way to achieve universal health care, we haven’t been doing the most important thing–“rallying for a dogfight.”

The fat cats who currently benefit from our structural distortions won’t simply retreat from the field, even if–as I fervently hope– there is a massive “blue wave.” It’s important to know where we want to go–but it is equally, if not more, important to have a plan for getting there.

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