In the spring of 1814, a group of 112 Norwegian men with varied backgrounds gathered in Eidsvoll, a rural village north of Oslo. These men, including civil servants, lawyers, military officials, business leaders, theologians, and a sailor, came together to debate and draft Norway’s constitution. This constitution, drafted during a five-week period at the home of businessman Carsten Anker, is now recognized as the world’s second-oldest written constitution.
Similar to America’s Founders, Norway’s leaders faced a delicate situation. Norway had been under Danish rule for over 400 years, but after Denmark’s defeat in the Napoleonic Wars, the victorious powers decided to transfer the territory to Sweden. This sparked a wave of nationalism in Norway, and the Norwegians refused to be treated as property. They asserted their independence and elected the constitutional assembly that met in Eidsvoll.
Inspired by the ideals of the Enlightenment and the concept of self-governance, Norway’s founders saw the American experience as a model to follow. They had learned about the American experiment through the Norwegian press, which portrayed George Washington and Benjamin Franklin as heroes. Many of the men at the Eidsvoll gathering were familiar with the workings of the American system. In fact, some, like Christian Magnus Falsen, who played a significant role in drafting the constitution, even named their children after American figures. Falsen explicitly acknowledged the influence of Madison and Jefferson on the Norwegian constitution.
While the U.S. Constitution had its flaws, it was a groundbreaking document. It made America the first large nation to govern itself without a monarchy and established regular elections as a means to fill important political offices. This model of governance influenced reformers worldwide throughout the following century.
Unfortunately, the United States no longer sets a positive example today. Since 2016, the country has experienced a phenomenon known as “democratic backsliding,” characterized by political violence, threats against election officials, voter suppression efforts, and attempts to overturn election results. Freedom House’s Global Freedom Index, which measures the health of democracies, has documented this decline. In 2015, the United States received a score of 90, placing it on par with other established democracies. However, the country’s score has steadily declined since then and reached 83 in 2021, lower than many Western European countries and even some new or historically troubled democracies.
The causes of America’s crisis go beyond the influence of a strongman leader and his devoted followers. They are deeply embedded within the country’s history and the unchanging nature of its political institutions. Over the past two centuries, the United States has undergone significant economic and demographic transformations, becoming more industrialized, urbanized, and diverse. However, its political institutions have failed to adapt, leading to destabilization in the present-day. This disconnection between societal changes and political institutions has become a source of turmoil for American democracy.
The root of the problem lies in the revered U.S. Constitution itself. Crafted in a pre-democratic era to safeguard against the “tyranny of the majority,” the constitution has inadvertently created a new challenge: preventing electoral majorities from attaining power and effectively governing. Unlike other presidential democracies, the United States allows presidents who have lost the popular vote to assume office. The Senate, which gives equal representation to low-population states, often ends up being controlled by the party that didn’t win the national popular vote. Additionally, the Senate’s filibuster rules frequently obstruct the passage of legislation supported by the majority. Lastly, the Supreme Court’s composition, determined by presidents and Senates not representing electoral majorities, has strayed further from the will of the majority. Thus, the U.S. Constitution not only grants disproportionate advantages to partisan minorities but also poses a threat to democracy itself. In the current political landscape, it shields and empowers an authoritarian minority within the Republican Party.
While America was once considered a trailblazer for democratic constitutions, it is now more susceptible to minority rule than any other established democracy. It has fallen behind in terms of democratic progress. This raises the question: how did this come to pass?
We can look to Norway as an illustration. Norway’s initial 1814 constitution, though inspired by the American experience, was hardly revolutionary. It maintained a hereditary monarchy, where kings retained the authority to appoint cabinets and veto legislation. Members of Parliament were indirectly elected, and voting was restricted to male property owners. Urban elites also enjoyed an advantageous position in Parliament. At the time, Norway was predominantly rural, with approximately 90% of the electorate residing in the countryside. To address concerns that wealthy urbanites would be overpowered by the peasant majority, the constitution established a fixed 2-to-1 ratio of rural to urban seats in Parliament. This greatly overrepresented cities, given that rural residents outnumbered urban residents by a ratio of 10 to 1. This provision, referred to as the Peasant Clause, diluted the influence of the majority. Bicameralism further diminished majority rule, as the upper legislative chamber was not directly elected by the people.
Similar to the U.S. Constitution of 1789, Norway’s 1814 constitution contained undemocratic elements. In fact, Norway was even less democratic than the United States during the early 19th century.
However, Norway embarked on a substantial democratic reform journey, all under the framework of its original constitution. The late 19th century witnessed the establishment of parliamentary sovereignty and the transformation of Norway into a constitutional monarchy. In 1905, a constitutional reform abolished regional electoral colleges and introduced direct elections for Parliament. Voting restrictions based on property ownership were suspended in 1898, and universal suffrage for both men and women was achieved in 1913.
Norway didn’t stop at these reforms. It continued to expand democratic and constitutional rights as its society and global norms evolved. Indigenous minorities gained protection through a 1988 constitutional amendment. A 1992 amendment ensured Norwegians’ right to a healthy environment. In 2012, Norway abolished its official religion and guaranteed equal rights to all religious and philosophical communities. Sweeping amendments in 2014 established constitutional protections for human and social rights, including children’s right to human dignity, the right to education, and the right to subsistence through work or government assistance. Overall, Norway’s constitution has been amended 316 times between 1814 and 2014.
Two centuries of reform have transformed Norway into one of the world’s most democratic nations. Established democracies typically receive a score above 90 on Freedom House’s Global Freedom Index. In 2022, countries like Canada, Denmark, New Zealand, and Uruguay scored well above this benchmark.
Norway’s journey serves as a reminder that constitutions and democratic systems should adapt to societal changes and evolving norms. By continually reforming its constitution, Norway has successfully addressed democratic shortcomings and ensured that majority rule prevails. This approach stands in stark contrast to the rigidity of the U.S. Constitution and its resistance to necessary reforms. America must learn from Norway’s example and undertake democratic reforms to protect the integrity of its democracy and ensure that the principles upon which it was founded remain vibrant and relevant.
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