The U.S. Constitution empowers a minority ideological faction at the expense of everyone else.
One of the most influential books of the Trump years was “How Democracies Die” by Harvard University government professors Steven Levitsky and Daniel Ziblatt. Published in 2018, it served as a guide to our unfolding ordeal. “Over the past two years, we have watched politicians say and do things that are unprecedented in the United States — but that we recognize as having been the precursors of democratic crisis in other places,” they wrote.
What astonished them the most, Levitsky told me in an interview last week, “was the speed and the degree to which the Republican Party Trumpized.” In “How Democracies Die,” he and Ziblatt had reproved Republicans for failing to stop Trump’s rise to power. But at the time, he said, “we didn’t consider or call the Republican Party an authoritarian party. We did not expect it to transform so quickly and so thoroughly.
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.
Most Democrats, however, feel little choice but to acquiesce to a system tilted against them. Depending on the Constitution for protection from the worst abuses of the right, they’re reluctant to delegitimize it. Besides, America’s Constitution is among the hardest in the world to change, another of its countermajoritarian qualities.
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