Study Notes on Democratizing Democracy

CHAPTER 8: DEMOCRATIZING OUR DEMOCRACY

James Bryce's Observations on American Political Life

• James Bryce, a British observer and Oxford historian, conducted research in the United States during the late nineteenth century.

• He authored the influential two-volume book The American Commonwealth.

• Bryce noted that Americans proudly inquired about their political institutions, viewing them as a unique experiment in democracy.

• He described these institutions as representing a vast new experiment in the rule of the multitude, attracting global interest.

Current Experiment: A Multiracial Democracy

• America is currently engaged in an ambitious experiment to construct a multiracial democracy.

• Previous efforts have failed, but today's majority supports principles of diversity and racial equality.

• The majority's support, however, is insufficient as American democracy does not operate solely on majority rule.

• The existence of a radicalized minority and authoritarian backlash complicates the democratic process.

• The Trump presidency represents an acute constitutional crisis, highlighting underlying issues of a pre-democratic constitution that still persists today.

• America currently faces a critical decision: either to embrace a multiracial democracy or to continue the path towards undemocratic governance.

Strategies for Confronting Authoritarianism

• Learning from History: Examining other countries' experiences, especially from Europe, provides insights into addressing threats to democracy.

• Coalition Movement: In the 1930s, European democracies faced threats from extremism by forming coalitions to isolate and defeat antidemocratic forces:

  • Finland (1930s): Social Democrats allied with center-right parties against the fascist Lapua Movement.

  • Belgium: Center-left Labor Party teamed with conservative Catholic Party and Liberals to combat the Rexist Party.

  • Contemporary examples include conservative Americans collaborating with Democrats during the Trump presidency (e.g., "Never Trump" organizations).

Containment Strategies

• Containment as a Short-Term Strategy:

  • During the Trump presidency, lifelong conservatives created coalitions with Democrats to resist Trump-led extremism.

  • In state legislatures, Democrats worked with moderate Republicans to prevent extremist candidates from gaining power.

  • Examples include collaborations in Ohio and Pennsylvania to elect moderate candidates.

• Limits of Containment:

  • While effective in the short term, this strategy can lead to disenchantment among voters, as prolonged coalitions may be seen as collusive and illegitimate.

  • Although containment may keep extremists at bay, it does not weaken them and can accidentally fortify their claims against the political establishment.

Militant or Defensive Democracy

• This strategy emerged from the experiences of 1930s Europe, where governments could legally combat antidemocratic groups.

• Post-World War II Germany: The constitution allowed banning extremist groups and prosecuting anti-constitutional actions, enabling some deterrence against extremists.

• In the U.S., Section 3 of the Fourteenth Amendment prohibits insurrectionists from holding office, a tool that has rarely been leveraged effectively for democratic protection.

• Comparatively, many democracies have prosecuted former leaders who commit crimes to uphold accountability (e.g., in Japan, South Korea, Italy).

• A significant percentage of Americans supports prosecuting January 6 Capitol rioters, indicating a desire for accountability in preserving democracy.

Risks of Militant Democracy

• The use of government authority against extremist forces carries the risk of abuse, as seen through various historical instances in America.

• Historical abuses include:

  • The 1798 Alien and Sedition Acts.

  • The 1919–20 Palmer Raids, and the House Un-American Activities Committee.

• Such examples showcase a history of politicized and punitive actions that arose when militant democracy principles were applied without restraint.

Need for Fundamental Reforms

• Electoral Competition as a Principle:

  • James Madison asserted that extremist minorities can be countered through robust electoral competition and securing popular majorities.

  • For competitive majorities to exist, institutional reforms are necessary to empower voters effectively.

Proposals for Reform

1. Uphold the Right to Vote: A constitutional amendment is needed to affirm the right to vote for all citizens, which would strengthen efforts against voting restrictions.

2. Automatic Voter Registration: Implement systems whereby citizens are automatically registered to vote at eighteen, simplifying access to voting.

3. Expand Voting Access: Increase options for early voting and mail-in ballots, making voting more convenient.

4. Election Day Improvements: Propose making Election Day a holiday or holding elections on weekends to enhance voter turnout.

5. Restoration of Voting Rights: Ensure voting rights are restored to ex-felons without extra penalties.

6. Reinstate National Voting Protections: Reinstate federal oversight of states with histories of voter suppression, reminiscent of the original Voting Rights Act.

7. Nonpartisan Electoral Administration: Establish independent, nonpartisan bodies to manage electoral processes to ensure fair access.

Ensure Majority-Preference Outcomes

8. End the Electoral College: Transition to a national popular vote system for presidential elections to eliminate the issue of minority winners.

9. Senate Representation Reform: Proportional representation in Senate elections based on state populations is necessary for equitable representation.

10. Proportional Representation Systems: Shift from first-past-the-post systems to proportional representation for congress and legislatures.

11. Combat Gerrymandering: Establish independent redistricting commissions to create fair electoral districts.

12. Revise the Apportionment Act: Amend the act to allow the House size to grow with the population rather than maintaining a fixed number.

Empowering Governing Majorities

13. Abolish the Filibuster: Remove the Senate filibuster to allow majority decisions unimpeded by minority vetoes.

14. Implement Term Limits for Supreme Court Justices: Establish limits on federal judges’ tenure to encourage regular appointments and enhance accountability.

15. Simplify Constitutional Amendments: Changing the threshold for amendments to two-thirds of Congress would aid in reform passage.

Confronting Resistance to Reform

• The argument exists that the American political system resists major reforms due to polarized parties and institutional veto points.

• However, it is essential to recognize that the discussion on reforms must be ongoing, even amid challenges in achieving immediate changes.

Historical Context for Reform

• Historical examples illustrate that significant reforms in American democracy are not solely reliant on heroic leaders but also on sustained grassroots movements.

• Advocacy efforts by groups (such as the NAACP in civil rights) highlight the need for persistent engagement.

• Major instances of reform often required decades of advocacy, reshaping public perception and political discourse.

Current Movement Trends

• The recent rise of movements like Black Lives Matter and actions during Trump's presidency indicate a growing awareness and mobilization among citizens toward multiracial democracy.

• The emergence of diverse civic groups advocating for civil rights showcases the potential for transformation and reform in American democracy.

Conclusion: A Call to Action

• Reforming democracy is crucial in overcoming historical failures and embracing diverse representation.

• Previous movements show that change necessitates unwavering commitment and collective action from all citizens.

• Acknowledging history, engaging in public discourse, and mobilizing for reforms must become key responsibilities for current and future generations to secure a thriving democracy.