Monday, July 04, 2022

How To Fix America's Broken Democracy

On this July 4, 2022, American democracy is more battered than has been the case in many decades. We continue to learn more details of the attempt by Donald Trump and his co-conspirators to overthrow the government on January 6, 2021, Republicans are actively seeking to suppress voting rights - aided by a Supreme Court that has gutted the Voting Rights Act - design defects in the U.S. Constitution's structure of the goverment has fostered minority rule, and the Supreme Court now wants to roll individual rights back to the 1860's (I propose the right wing justices be limited to medical treatments available in 1868). While most Americans will outwardly go about the national holiday engaging in tradional barbecues and cookouts followed by fireworks or attend patriotic musical concerts many of us will nonetheless has a sense of foreboding for the future, wondering whether democracy will survive the next presidential election and/or whether our rights will be stripped away with some of us being recriminalized if American Christofascists and the political party they control get their way.  A column in the Washington Post looks at where America finds itself and offers curative measures.  Here are column excerpts:

As we celebrate the Fourth of July, views of the Founding Fathers are more polarized than ever before. Some progressives want to tear down their monuments, because so many of the Founders were slave-holders, and they created a political system that denied political rights to women and minorities. Most conservatives, by contrast, still view the Founders as demigods and seek to squelch any criticism of them in public schools — promoting a spirit of conformity utterly alien to a founding generation that joyously engaged in never-ending disputation.

More than that, conservative jurists who extol the theory of “originalism” insist that the only way to interpret the Constitution is according to the way the Founders themselves viewed it. The Supreme Court has just upheld abortion restrictions and struck down gun restrictions based on the dubious claim to be channeling the Constitution’s drafters, even though many historians disagree with the right-wing interpretations.

Is there a sensible middle ground between vituperation and veneration of the Founders? Yes. We should acknowledge their manifold faults, while also paying tribute to their still-radical vision of a world in which everyone has an “unalienable” right to “Life, Liberty and the pursuit of Happiness.” Above all, we must vindicate their desire to create a “more perfect Union” to “secure the Blessings of Liberty.”

For all their blind spots, the Founders created a mechanism whereby the original imperfections of the Constitution could be fixed over time. Two mechanisms, actually.

First, the constitutional amendment process. This enabled a “new birth of freedom” after the Civil War, with amendments to abolish slavery and grant civil rights to African Americans, and again after World War I, with an amendment giving women the vote.

Second, the Founders created a Supreme Court that had the ultimate power to interpret — or reinterpret — the often-opaque articles of the Constitution. This allowed the court of the 1930s, after initial resistance, to ratify the creation of a rudimentary welfare state, and the court of the 1950s and 1960s to strike down school segregation and expand rights of privacy that are now under attack.

The United States of America would not have survived this long if we had not done so much to modify the original Constitution and the way it was interpreted in the republic’s early days. In particular, we have greatly scaled back the pernicious doctrine of “state’s rights” that too often has been a cover for the supremacy of a few powerful white men. . . . . Unfortunately, we are now walking back into the darkness. Because of a benighted Supreme Court, 40 million women are about to lose their reproductive freedom.

Most of the Founders knew better than to try to shackle their progeny to their own worldview. Thomas Jefferson rejected the tendency to “look at constitutions with sanctimonious reverence, and deem them like the arc of the covenant, too sacred to be touched.” He argued “that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.”

[O]ur institutions do need to be significantly reformed to “keep pace with the times.”

There is no justice in a political system that gives Republicans six of nine Supreme Court seats even though a Republican has won the popular vote for president only once in the past 30 years. So, too, there is something deeply amiss with a Senate that gives California (population 39.3 million) the same number of seats as Wyoming (population 581,348). The Founders never envisioned such an imbalance between power and population. It undermines any pretense that we are still a democracy.

We should abolish the electoral college and make the election of senators proportional to population. Let the will of the people prevail. We should – but we won’t. Small states will block any constitutional amendment that would strip them of their outsize power.

We should, for example, expand the House of Representatives and the Supreme Court. They reached their present size in 1912 and 1869, respectively, when the country was far smaller. (The U.S. population has tripled in the past century.) We should also end the Senate filibuster, whose use has dramatically expanded in recent years, creating a de facto supermajority requirement that gives a small minority of the population a veto over all legislation.

Instead of acrimoniously and endlessly debating whether the Founders were good or bad, let’s focus on improving the system they created so that it better serves Americans in the 21st century. As Jefferson knew, “institutions must advance” along with society.

Will any of these curative measures come to pass?  Frighteningly, probably not and the nation will lurch closer to falling apart. 

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