What did you learn way back in civics class about American
Democracy? Did you learn that voting is a sacred privilege granted to all U.S. citizens?
And that it’s your duty as an American to vote on Election Day? And that every
voter is treated equally? And that in a representative Democracy, the voters
select their leaders to represent them in Congress, and that those elected
leaders vote the way their constituents want them to vote? And did they teach
you that the will of the people will always prevail?
If that’s what they told you, they may have had good
intentions, but they were wrong … and here are some reasons why:
One Person One Vote
Theoretically,
the American system of government is built around the principal of “one person,
one vote.” In a series of cases brought during the height of the civil rights movement,
the Supreme Court upheld that principal by applying the 14th
Amendment of the Constitution. In 1964, for example, the court declared that
equality of voting (one person, one vote) means that “the weight and worth of
the citizens' votes as nearly as is practicable must be the same,” and that states must draw federal congressional districts containing roughly equal represented populations.
If, over time, these districts became disproportionately one-sided--either racially, politically or otherwise--the court said they must be realigned after the next census.
The problem was that some states had created an “upper house”
similar to the U.S. Senate which provided for an equal number of
representatives from each county, which in turn gave undue political power to
rural counties. In addition, many states had neglected to redistrict for
decades during the 20th century, even as population increased and became less diverse
in urban, industrialized areas.
Gerrymandering
That led to the expansion of a political tool called “gerrymandering,”
which is the enemy of one person, one vote. Under gerrymandering, the political
party in power within a state can establish an unfair political advantage for itself
by manipulating the boundaries of electoral districts. The two principal
tactics used in gerrymandering are (1) “cracking,” in which the voting power of
the opposing party's supporters are diluted across many different districts, and
(2) “packing,” which concentrates the opposing party's voting power into one
district to reduce their voting power in other districts).
The result is
voting districts that look like Rorschach tests or the silhouette of a grasshopper.
In general practice, gerrymandering is used to disadvantage a
particular political, ethnic or racial demographic, specifically Democrats in
Republican-held states and minority groups such as Hispanics and African Americans.
This would seem to violate the constitutional guarantee of “one person, one
vote,” but subsequent court action on gerrymandering has not been that consistent,
that specific or that clear.
For example, the
Supreme Court affirmed in one case that gerrymandering based primarily on race is
a violation of constitutional rights, but in another, separate decision found
that extreme partisan gerrymandering, while also unconstitutional, is up to
Congress and state legislatures to correct according to state constitutions and
laws. Does anyone see the problem here? (Hint: The court said the same state
legislatures that authorized gerrymandering are empowered to decide its
constitutionality.)
As late as 2019,
the Supreme Court punted the ball back to state courts and legislatures by
saying that claims of unconstitutional gerrymandering are not subject to
federal court review, presumably forever. That gives state legislatures wide
berth to manipulate voting districts to benefit their own candidates … and they’re
taking full advantage of the opportunity today.
Electoral College
If you believe in “one person, one vote,” you cannot support
the Electoral College system. If you live in a deep red state like I do, for
example, voting for a Democrat for president is a waste of your time. The
Democrat can’t win the state, which means that all of your state’s electoral
votes will go to the Republican candidate regardless of how you voted. The
opposite is true in deep blue states like New York and California. The bottom
line is, the candidate who wins the popular vote is not guaranteed to be
elected president, as history clearly shows. In two of the last six elections,
the loser of the popular vote—Bush in 2000 and Trump in 2016—was elected
president by the Electoral College. This has happened three other times in
history.
Supporters of the Electoral College argue that it was
created by the founders to “preserve the constitutional role of the states in
presidential elections,” while critics argue that it gives too much power to “swing
states” and allows the presidential election to be decided by a minority of
voters. There are over 300 million people in the United States, but just 538
people decide who will be president, many of whom represent states with very little population. And this doesn’t explain the role that slavery
played in establishing the Electoral College, which is another subject for
another time.
So to recap, with regard to “one person, one vote,” I am one
person and I cast one vote and it should always help my candidate who is trying
to win the popular vote and become president … but on two occasions it didn’t
because of gerrymandering, dubious Supreme Court decisions and the outdated and
dangerous Electoral College. I don’t remember hearing about that back in civics class.
Filibuster
And that brings me to the filibuster, which is the real
reason for this essay.
The filibuster, in case you forgot, is a tactic employed in
the United States Senate to prevent a measure from being brought to a vote. It
used to mean that Ted Cruz or some other senator opposed to legislation had to
stand at the podium for hours or days and read Doctor Seuss books or War and
Peace to prevent a bill from coming up for debate. In reality, it means that no
legislation that’s not part of the federal budget can be brought up for debate
and passage unless three-fifths of the senators (60 out of 100) vote to do so.
In today’s highly partisan Senate, where the representation is split 50-50, the
prospect of getting 10 members of one party to support 50 members of the other
party is virtually zero, nada, zip, zilch, nil, naught, no way, never and ain’t gonna happen.
So today, a bill that would restore voting rights to perhaps
millions of disenfranchised voters and effectively preserve American Democracy sits
wallowing in Senate filibuster hell. So, probably, will a bill that would authorize a
commission to investigate a violent insurrection that attempted to overturn the
results of the 2020 election by people who broke into the Capitol, killed or
maimed federal police officers and threatened to hang the vice president of the
United States.
This, despite polls that show these bills and many others
like them are what a majority of the American people want. They are lingering
in limbo and will probably die because leaders of the Republican Party are
afraid to offend a narcissistic, racist con man pathological liar with Fascist ideas
and a probable mental illness who lost the last election, but refuses to accept
the truth while continuing to promote the Big Lie that it was stolen from him
and he actually won.
One person, one vote? Not in this lifetime. It looks to me
like the fate of our Democracy is coming down to one person, one lie … and a
fractured majority party that apparently can’t do anything about it.