The Times’ Anti-Democratic “Democracy”

This morning, the executive editor of the New York Times declares, “Representative government faces its most serious threats in decades.” You won’t be surprised to learn that, in the paper’s view, all threats come from the Right. You also won’t be surprised to learn that the Times’s definition of “representative government” doesn’t bear much resemblance to James Madison’s.

Identified as “the two biggest threats to American democracy” are “first, a movement within the Republican Party that refuses to accept election defeat; and, second, a growing disconnect between public opinion and government power”.

Claims that the 2020 Presidential election was “stolen” aren’t based on any large body of evidence – no more than were the same Democratic claims about the elections of 2016, 2004 and 2000 (i. e., every Presidential election that Democrats have recently lost). The Times hypothesizes that GOP office holders who “falsely claim that the 2020 election was rigged . . . may be willing to overturn a future election”. How they would or could do that is left obscure, nor is it obvious that people who decry what they perceive as election rigging are merely disappointed that they couldn’t do the rigging themselves.

There is, in fact, an easy way to shut up “election deniers”: Conduct elections under transparent rules that (i) ensure that only eligible voters will cast ballots, (ii) guarantee ballot secrecy and (iii) are not subject to partisan change at the last minute. The 2020 election satisfied none of those criteria. It was our country’s good luck that the Electoral College vote wasn’t close enough to sow much wider suspicion that the wrong candidate was declared the winner.

The Biden Administration’s ideas for election reform go in the opposite direction: toward forcing every state to make elections less secure. The proposed “For the People Act” and “John R. Lewis Voting Rights Act” would, among other assaults on election integrity, mandate universal voting by mail and forbid requiring would-be voters to prove that they are whom they claim to be. Elections would be conducted entirely on the honor system. American history suggests that honor isn’t the leading characteristic of those who oversee the polls.

The adoption of the Biden proposals would cast a pall of suspicion over every election that wasn’t a landslide, even if politicians forswore opportunities for fraud and the effective repeal of the secret ballot didn’t alter any outcomes. That is a graver peril to democracy than Donald Trump’s or Stacey Abrams’s sore-loser tweets. Republican efforts to reform slovenly state election procedures buttress democracy rather than undermine it.

The second “threat to democracy” perceived by the Times is a defining feature of the American Constitution: It is very, very hard to enact fundamental changes to the nation’s laws without first obtaining a wide consensus in their favor. That is what the Times calls “a chronic threat: The power to set government policy is becoming increasingly disconnected from public opinion.”

Naturally the Times does not mean that laws are increasingly made by an unelected, rarely accountable Administrative State. Rather –

Two of the past four presidents have taken office despite losing the popular vote. Senators representing a majority of Americans are often unable to pass bills, partly because of the increasing use of the filibuster. And the Supreme Court is dominated by an ambitious Republican-appointed bloc even though Democrats have won the popular vote in seven of the past eight presidential elections – an unprecedented run of popular-vote success in U.S. history.

If one measures “popular vote success” purely by Presidential elections, that sounds superficially plausible. What it overlooks is that one can’t infer a great deal about public opinion “across the fruited plain” from the results of an election held every four years in which two atypical and not seriously contested states (California and New York) account for the Democratic Presidential majority. As a further, contemporary complication, Joe Biden didn’t run on the agenda that he is now trying to enact, and there isn’t much evidence that public opinion is thrilled with it. One might ask why, if Biden policies are overwhelmingly popular, he and his appointees are so zealous to stifle criticism.

One item in the Times’s litany of laments deserves special attention: “Senators representing a majority of Americans are often unable to pass bills.” Equal state representation in the Senate has that effect. It is one of the ways in which the Constitution hinders sweeping, non-consensus upheavals. Eliminating it through Constitutional means would be extraordinarily difficult, requiring not just an amendment but the unanimous consent of the states: “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.” As a practical matter, “democratizing” the Senate is possible only by overthrowing the Constitution. That doesn’t sound like the most democratic of ideas, but it is the only road ahead if the Times regards the Senate as a genuine menace to democracy.

Taken all in all, the Times harbors a concept of democracy that is seriously at odds with our present form of government. Could its professed fear of “insurrection” be an instance of projection?

Comments

[Kevin Standlee]

I might be more likely to agree with you if the House was not also increasingly unrepresentative, ever since its membership was frozen at the 1920 level. People from Montana are not worth 2.5 times a person from California or Texas. Uncap the House and increase it using the "cube root rule" to about 690 members -- which probably would have happened organically in steps without the corrupt 1920 bargain -- and we'd once again have one house of Congress that actually represented people roughly accurately. Also, the Electoral College would not tilt in favor of the small-population states as badly as it does now.