How minority rule is turning the U.S. into an undemocratic country

Photo (cc) 2014 by the National Museum of American History

This essay was first published in the Media Nation member newsletter. To become a member for $5 a month, please click here.

Like many of us, I worry about the state of our democracy. I write about it from time to time, but what concerns me especially is that it’s almost impossible to see any way out of our dilemma. That’s because we need systemic reform in order to move toward democracy. Not only is it in the interest of Republicans to oppose that reform, but there’s also no way of overcoming their opposition.

Obviously a lot of attention has been focused on Democratic Sen. Joe Manchin’s opposition to getting rid of the filibuster, which means that President Joe Biden won’t be able to pass any of his non-budget priorities through a simple majority. But we all know the problem goes deeper than that, because the Constitution is heavily tilted toward the small-population states, which are overwhelmingly Republican.

At the presidential level, we need to get rid of the Electoral College, a vestige of slavery that resulted in the elections of George W. Bush in 2000 and Donald Trump in 2016 even though they lost the popular vote. Yes, the Electoral College has always been with us. But before Bush, the last time a candidate was elected president despite losing the popular vote was in 1888. Because of shifting demographics, such outcomes have become increasingly likely.

Nor is the problem solely at the presidential level. The 50 Republican senators represent just 43.5% of the electorate, according to calculations by the Daily Kos, whereas the 50 Democratic senators represent 56.5%. That’s an enormous gap, yet between the filibuster’s requirement of 60 votes to move forward on anything and the small-state advantage, Chuck Schumer might as well hand his gavel over to Mitch McConnell.

The House is at least theoretically democratic since districts are drawn on the basis of population. But partisan gerrymandering has resulted in Republicans having more seats to which they should be entitled. That will certainly prove to be a factor in the midterm elections, when the Republicans will in all likelihood regain their majority.

And I haven’t even mentioned Republican efforts across the country to pass voter-suppression laws that would disproportionately affect people of color.

This state of affairs would be bad enough if Republicans were committed to our democratic system. But we can see that they’re not, and their willingness to repeat the Big Lie that Trump won re-election last fall has become a loyalty test within the party.

We can all think of ways to solve these problems, but even to write about them seems like an exercise in futility. The Republicans would block any changes that would diminish their power. And we will continue to move deeper into minority rule.

Yes, Dems should filibuster Gorsuch — even though it’s not really about Gorsuch

Judge Merrick Garland, left, meets Sen. Al Franken last March. Photo (cc) 2016 by Senate Democrats.

You may have missed it amid the Sturm und Drang over the fate of health care, but late last week Chuck Schumer announced that Senate Democrats would filibuster President Trump’s nomination of Neil Gorsuch to the Supreme Court.

Schumer will almost certainly fail. But it’s worth trying to stop this illegitimate nomination. And if Senate Democrats approach it in the right way, they can make an important statement about our broken system of government and what happens when only one of our major parties is willing to respect the norms and traditions that have long guided us.

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It wasn’t the politics of health care that did in Trumpcare. It was the substance.

Nancy Pelosi and Chuck Schumer earlier this year. Photo (cc) 2017 by Lorie Scholl.

I find myself frustrated at the tone of much of the commentary following the humiliating withdrawal of the Trump-Ryan health-care bill Friday. I could find a bunch of stuff to link to, but we’ve all seen it. It’s all about winning. So much winning. And if the bill had been approved, most commentators would be hailing President Trump for his big victory.

Yes, Trump got the politics wrong. But of far greater significance is that he and House Speaker Paul Ryan got the substance wrong. There was nothing in their legislation other than a chest-thumping assertion that Obamacare is dead — and that we’re going to screw the poor, help the rich, and dismantle much of what was accomplished by the Affordable Care Act.

The two groups that defeated the legislation did so on principled grounds: Democrats and moderate Republicans who wanted Obamacare to remain entirely or mostly intact; and the House Freedom Caucus, whose extremist members don’t want any government involvement in health care whatsoever. On the other side, those who supported Trumpcare couldn’t point to a single provision that would have improved anyone’s lives other than the wealthy people who’d get a tax cut.

After the defeat, Trump blamed House minority leader Nancy Pelosi and Senate minority leader Chuck Schumer. He’s right — it’s on them. And we should thank them for saving the most important piece of social legislation since Medicare was approved in the 1960s. And these folks, too:

Any major new program needs technical fixes along the way. Unfortunately, after Obamacare was approved, congressional Republicans refused to consider any such legislation. That, along with attempts by many Republican governors to undermine it in their states, is responsible for the ACA’s not working as well as it should.

On Friday, the ACA was saved. It now must withstand at least two years of Republican attempts to starve it of funds. But as Jonathan Chait of New York magazine points out, it’s not likely to be repealed after the debacle of this week. Trump and congressional Republicans won’t be in power forever. At some point, we’ll have an opportunity to get this right.

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