Democracy Faces Two Dangerous Threats

Never in my  lifetime - to date myself, Truman was president when I was born - have I felt American democracy so threatened. Yes, in the first decade plus of my youth Jim Crow laws and black voter disenfranchisement abounded in the South and made democracy a farce for many Americans, but no political party was openly embracing a would be fascist dictator and closing its eyes to crimes and sexual predator behavior.  Sadly, the Republican Party which of old touted itself as the party of "American values" and "family values" has made it clear that the only value it has is staying in power at literally any cost, including jettisoning democracy if it poses an obstacle to that goal.  How we got to this place is a complex story, but in my views is due in large party to the evangelical/Christofascist and white supremacist take over of the Republican Party base.  For these people, the rights of others - especially the long list of people/communities they hate - mean nothing and it is all about maintaining dominance over the majority of the population, including voter disenfranchisement efforts that harken back to the Jim Crow era which they would happily restore.  A column in the Washington Post looks at these twin threats.  Here are excerpts:

Over the next year, the survival of democracy should be the central issue in American politics. To insist on this is to be a realist, not an alarmist. But making that case requires identifying two distinct threats.

The first is Donald Trump, who is already at the center of our national conversation. The second is the ongoing assault on voting rights, which rarely commands the airwaves.

Let’s start with the good news: It has become untenable to treat Trump as a normal presidential candidate, thanks to his own evermore radical rhetoric, starting with his pledges to use the Justice Department as a tool for revenge against political enemies. The result is a partial but welcome shift in journalistic coverage recognizing Trump’s journey into what the New York Times called “more fascist-sounding territory.” The Economist, no avatar of left-wing politics, received wide attention for declaring that Trump “poses the biggest danger to the world in 2024.”

[M]ost Republican politicians shy away from calling out the former president’s planned assaults on our constitutional democracy, but at least the issue is being joined outside the GOP’s cocoon.

We are paying far less attention to the long-term deterioration of the right to vote, the essential building block of a democratic republic. It’s easier to overlook because chipping away at access to the ballot has been a subtle, decade-long process. It began with the Supreme Court’s 2013 Shelby County v. Holder decision that gutted Section 4 of the Voting Rights Act, thus sharply circumscribing the Justice Department’s power to enforce the law.

This led to an explosion of state abuses, including discriminatory voter-identification laws, targeted purges of electoral rolls, gerrymanders that undercut minority representation and changes in early-voting rules that often advantaged some groups over others.

Because such moves fall short of the wholesale disenfranchisement of Black voters during the Jim Crow era — it ended with the Voting Rights Act’s passage in 1965 — defenders of today’s restrictions insist they are not discriminating against anyone. But making it harder for some people to vote — often in the name of preventing the falsely imagined “voter fraud” that is at the heart of Trump’s election denial — is no less of an attack on democracy.

And the attack continues.

In his decision in Shelby, Chief Justice John G. Roberts Jr. claimed that even without a strong Section 4, the Voting Rights Act bans discrimination under Section 2, which “is permanent, applies nationwide, and is not at issue in this case.”

Permanent? Not if the 2-1 decision last week from the U.S. Court of Appeals for the 8th Circuit is allowed to stand.

The court’s majority arrogantly tossed aside what Congress explicitly said it was doing when it passed the law, claiming miraculous powers to read the “text and structure” of the act as preventing private parties, including civil rights groups, from bringing cases under Section 2.

This is no minor bit of judicial activism. Rick Hasen, a law professor at UCLA, wrote on the Election Law Blog website that the ruling would eliminate the bulk of the cases aimed at protecting voting rights, since “the vast majority of claims to enforce section 2 of the Voting Rights Act are brought by private plaintiffs, not the Department of Justice with limited resources.” Bye bye, Voting Rights Act.

Preventing Trump from overthrowing liberal democracy is certainly a necessary step, but it’s not sufficient. Renewing the fight for a new Voting Rights Act and the access-enhancing reforms in the Freedom to Vote Act is essential. But it’s also time to address one of the major flaws of our Constitution: It does not contain an explicit, affirmative guarantee of every citizen’s right to vote. Enacting a constitutional amendment that would do so, Hasen argues, would bring our voting wars to an inclusive conclusion.

A carefully framed amendment, he argues, could simultaneously protect voter access and assure election integrity. He’d link automatic voter registration with a nationwide, universal, nondiscriminatory form of voter identification.

Polarization makes amending the Constitution nearly impossible these days, one reason Hasen addresses fears on both the left and the right. But whatever chances Hasen’s amendment has, it calls on Americans to address the most important question facing our democracy: Are we truly committed to being a democracy? We’ll decide that at the ballot box next November, but we’ll have a lot more work to do even if we get the initial answer right.

Be very afraid of where we could be as a nation a year from now.