In their analysis, Levitsky and Ziblatt point out a concerning aspect of our Constitution, the very document meant to safeguard us from autocracy. They argue that the U.S. Constitution, designed in a time before democracy, allows minority factions to regularly impede the will of the majority, and sometimes even control them. This combination of countermajoritarian provisions and intense geographical polarization has resulted in a crisis of minority rule.
As a liberal myself, I have long been concerned about minority rule, and you may already be familiar with its manifestations. Despite winning the popular vote in only one of the last eight presidential elections, Republicans have managed to secure three Electoral College victories. The Senate grants disproportionately more power to small, rural states than it does to large, urbanized ones, and this imbalance is further exacerbated by the filibuster. The Supreme Court, now leaning towards the right due to former President Trump’s appointments despite losing the popular vote twice, has weakened the Voting Rights Act. One reason why Republicans continue to radicalize is that, unlike Democrats, they do not necessarily need to win over the majority of voters.
All liberal democracies have some countermajoritarian institutions in place to prevent the tyranny of the majority from infringing upon minority rights. However, as “Tyranny of the Minority” illustrates, our system is distinctive in its way of empowering an ideological minority faction at the expense of everyone else. While conservatives often claim that their structural advantages stem from the wisdom of the founders, Levitsky and Ziblatt demonstrate how many undemocratic elements of American governance are the result of chance, circumstance, and, importantly, capitulation to the slaveholding South.
It is worth recalling the events of 2000 when there was a possibility of George W. Bush winning the popular vote but losing in the Electoral College. Republicans did not plan to accept the results quietly. Representative Ray LaHood, a Republican from Illinois, stated that there would be outrage. The Bush campaign intended to stir up a “popular uprising,” as reported by The Daily News, with a Bush aide emphasizing their determination to fight rather than concede.
On the other hand, most Democrats feel compelled to submit to a system that is inherently biased against them. Relying on the Constitution to shield them from the most egregious abuses of the right, they are hesitant to challenge its legitimacy. Additionally, making amendments to America’s Constitution is one of the most challenging processes worldwide, further emphasizing its countermajoritarian qualities.
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