Tyranny Of The Minority

Tyranny Of The Minority

recent op-ed in the Washington Post revisited what has become an interminable discussion: why, when poll after poll shows a majority of Americans in favor of stricter gun laws, has Congress not responded? When it comes to guns, why are our Representatives so unrepresentative?

The authors–E.J. Dionne,— acknowledge the outsized influence of the NRA, but then they make a crucial point about American governance today.

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.

Michelle Goldberg made much the same point in a recent column for the New York Times, titled “Tyranny of the Minority.”

The Republican Party has essentially become a majority party through minority rule. Accounts of the growing resistance to Trump often ignore the ways in which Republicans have shaped the rules of the game in their favor (you could almost called it “rigged,” to use one of the president’s favorite words). The authors write: “Our system is now biased against the American majority because of partisan redistricting (which distorts the outcome of legislative elections), the nature of representation in the United States Senate (which vastly underrepresents residents of larger states), the growing role of money in politics (which empowers a very small economic elite), the workings of the Electoral College (which is increasingly out of sync with the distribution of our population) and the ability of legislatures to use a variety of measures, from voter ID laws to the disenfranchisement of former felons, to obstruct the path of millions of Americans to the ballot box.”

The vast over-representation of rural areas and small states would be less troubling if there were not a substantial and growing divide between the political preferences and social attitudes of rural and urban Americans. That divide–illustrated by political maps showing blue cities in red states–means that the over-representation of rural Americans gives Republicans an unwarranted and unearned electoral advantage.

There’s a famous anecdote (probably apocryphal) in which a woman asks Benjamin Franklin what sort of government the founders had created, and Franklin responds “A republic, madam, if you can keep it.”

America’s founders were (rightly) concerned with the tyranny of the majority; they worried about the effect of “popular passions” on the exercise of individual rights. Those concerns were– and remain–valid. What they failed to foresee was the situation accurately described by these and other writers, a time when–thanks to urbanization, technology and rabid partisanship– the United States would be neither a democracy nor a republic.

 

[Originally published at SheilaKennedy.net on October 17, 2017]

Sheila Kennedy is a former high school English teacher, former lawyer, former Republican, former Executive Director of Indiana’s ACLU, former columnist for the Indianapolis Star, and former young person. She is currently an (increasingly cranky) old person, a Professor of Law and Public Policy at Indiana University Purdue University in Indianapolis, and Director of IUPUI’s Center for Civic Literacy. She writes for the Indianapolis Business Journal, PA Times, and the Indiana Word, and blogs at www.sheilakennedy.net. For those who are interested in more detail, links to an abbreviated CV and academic publications can be found on her blog, along with links to her books..

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