Detailed Study Guide on Tyranny of the Minority and American Democracy

• The Passing of a Civil Rights Icon: On $July \, 17 \, 2020$, John Lewis, a prominent Georgian congressman and civil rights leader, died at age $80$. He was the son of sharecroppers and became a major figure in the civil rights movement, advocating for nonviolent protest. Lewis was honored as the first Black lawmaker to lie in state in the Capitol, reflecting his significant contributions to the fight for civil rights and equality in the United States.

• The Significance of Selma and Bloody Sunday: As a $25$-year-old leader, Lewis led a peaceful march across the Edmund Pettus Bridge in Selma, Alabama, on $March \, 7 \, 1965$. The marchers, advocating for voting rights for Black Americans, were brutally attacked by Alabama state troopers; Lewis suffered a cracked skull during the confrontation. This violent event, known as "Bloody Sunday," was captured by ABC News and televised, galvanizing national support for voter protection legislation and highlighting the struggles for civil rights in America.

• The Voting Rights Act (VRA) of 1965:
    * Purpose: The VRA was designed to combat racial discrimination in voting, particularly in the Southern states, by authorizing the federal government to preemptively review and block discriminatory voting laws in jurisdictions with histories of racial discrimination. This mechanism, known as "preclearance," aimed to ensure fair voting practices.   * Bipartisan Support: The VRA historically enjoyed massive bipartisan backing as it was seen as essential to American democracy. In $1982$, the Senate renewed it with a vote of $85$ to $8$. In $2006$, the Act was renewed for $25$ years with a House vote of $330$ to $33$ and a Senate vote of $98$ to $0$, demonstrating widespread agreement across party lines. Even political figures like Mitch McConnell praised it as a landmark achievement for all Americans, emphasizing its perceived importance in protecting voting rights.

The Judicial Dismantling of Voter Protections

• Shelby County v. Holder (2013): In this pivotal case, a conservative Supreme Court majority struck down Section $4$ of the VRA (the coverage formula).
    * John Roberts' Opinion: Chief Justice John Roberts argued that "A statute's 'current burdens' must be justified by 'current needs'" and that the formula established in $1965$ was no longer relevant to the voting conditions in America. This decision effectively gutted the preclearance provision, which was critical for preventing voter suppression.   * Ruth Bader Ginsburg's Dissent: Justice Ginsburg famously used an analogy in her dissent, stating that throwing out preclearance because it had worked effectively was "like throwing away your umbrella in a rainstorm because you are not getting wet." Her dissent highlighted the risks involved in unwinding voter protections and underscored the continuing need for federal oversight in certain jurisdictions.

• Consequences of the Shelby Decision:
    * Following the Shelby decision, states that were previously under federal supervision began to aggressively purge voter rolls and close hundreds of polling stations, specifically targeting Black neighborhoods. These actions not only diminished access to polling places but also took a direct toll on voter participation.   * In the eight years subsequent to the ruling, $26$ states passed restrictive voting laws, often framing them as measures to combat voter fraud, despite a lack of evidence supporting widespread issues. Notably, $10$ of these states had previously been subjected to federal preclearance, demonstrating the direct impact of the Court's ruling on electoral access for nonwhite voters.

The Legislative Struggle for Restoration and the Filibuster

• John R. Lewis Voting Rights Advancement Act: Following the trend of increasing voter suppression, Representative Terri Sewell sponsored legislation to restore the VRA after the Shelby ruling. Though it passed the House in $December \, 2019$, the Republican-controlled Senate, led by Mitch McConnell, refused to hold a vote or floor debate, successfully stifling efforts to revive key provisions of the VRA.

• The 2021-2022 Efforts: With the shift to Democratic control of the Presidency and Congress, another attempt arose to pass a new voting rights bill that received majority support from $50$ Democrats and $1$ Republican in the Senate, indicating a unified stance among Democrats on this critical issue.

• The Filibuster Barrier: Unfortunately, the new voting rights bill was blocked by the filibuster, a Senate rule requiring a supermajority of $60$ votes to end debate, which has been used strategically to stall legislation that lacks bipartisan consensus.   * Internal Opposition: Despite attempts by Democratic leaders to modify the filibuster rules to facilitate the passage of this critical legislation with a simple majority, Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) notably refused to support any changes to the filibuster, creating a significant obstacle to progressing voting rights efforts.

• Historical Parallels: The failure of the Lodge Bill in 1890, which passed the House and had Senate majority support but was ultimately killed by a filibuster, is cited as a direct parallel to contemporary challenges. Its defeat cleared the path for Jim Crow laws and single-party rule in the South for the following century, emphasizing the long-standing conflict between majoritarian desires and minority rights in American governance.

Conceptualizing "Liberal Democracy" and "Majority Tyranny"

• The Two Pillars of Liberal Democracy:
    1. Collective Self-Rule: This encompasses the principle of majority rule established through free and fair elections, ensuring that the electorate has a voice.   2. Civil Liberties: Minority rights that are protected from the whims and transient passions of majorities, safeguarding the freedoms of all individuals.

• Defining Counter-Majoritarian Institutions: These are structural mechanisms (like the Bill of Rights or an independent judiciary) designed to protect certain domains of social and political life "beyond the reach of majorities," thereby ensuring broader democratic principles prevail.

• The Necessity of Protecting Civil Liberties: Such liberties include freedom of speech, press, association, assembly, and personal life choices pertaining to religious worship or family structure. Justice Robert H. Jackson eloquently stated that these essential rights "depend on the outcome of no elections," reinforcing their fundamental nature in a democracy.

• The Risk of Majority Tyranny:
    * Assault on Individual Rights: Simple majorities could use their power to suppress minority rights, as evidenced in historical cases like the Jehovah's Witnesses' refusal to salute the flag, showcasing potential abuses that can emerge from unchecked majority power.   * Subversion of Democratic Rules: Majorities might entrench themselves by changing election rules to eliminate opposition, effectively undermining the democratic process and fueling disenfranchisement across vulnerable populations.