Crisis in the American body politic: Is democracy over?

Michelle Goldberg, The Authors of ‘How Democracies Die’ Overestimated the Republicans, NYTimes, Sept. 11, 2023. This is commentary on a new book by Steven Levitsky and Daniel Ziblatt, Tyranny of the Minority. After three introductory paragraphs:

“Tyranny of the Minority” is their attempt to make sense of how American democracy eroded so fast. “Societal diversity, cultural backlash and extreme-right parties are ubiquitous across established Western democracies,” they write. But in recent years, only in America has a defeated leader attempted a coup. And only in America is the coup leader likely to once again be the nominee of a major party. “Why did America, alone among rich established democracies, come to the brink?” they ask.

A disturbing part of the answer, Levitsky and Ziblatt conclude, lies in our Constitution, the very document Americans rely on to defend us from autocracy. “Designed in a predemocratic era, the U.S. Constitution allows partisan minorities to routinely thwart majorities, and sometimes even govern them,” they write. The Constitution’s countermajoritarian provisions, combined with profound geographic polarization, have locked us into a crisis of minority rule.

Liberals — myself very much included — have been preoccupied by minority rule for years now, and you’re probably aware of the ways it manifests. Republicans have won the popular vote in only one out of the last eight presidential elections, and yet have had three Electoral College victories. The Senate gives far more power to small, rural states than large, urbanized ones, and it’s made even less democratic by the filibuster. An unaccountable Supreme Court, given its right-wing majority by the two-time popular-vote loser Trump, has gutted the Voting Rights Act. One reason Republicans keep radicalizing is that, unlike Democrats, they don’t need to win over the majority of voters.

All liberal democracies have some countermajoritarian institutions to stop popular passions from running roughshod over minority rights. But as “Tyranny of the Minority” shows, our system is unique in the way it empowers a minority ideological faction at the expense of everyone else. And while conservatives like to pretend that their structural advantages arise from the judicious wisdom of the founders, Levitsky and Ziblatt demonstrate how many of the least democratic aspects of American governance are the result of accident, contingency and, not least, capitulation to the slaveholding South.

In her last paragraph Goldberg quotes Ziblatt:

“I think the United States faces a high risk of serious and repeated constitutional crisis, what I would call regime instability, quite possibly accompanied by some violence,” said Levitsky. “I’m not as worried about the consolidation of autocracy, Hungary or Russia-style. I think that the opposition forces, civil society forces, are probably too strong for that.” Let’s hope that this time he’s not being too optimistic.