It's dangerous when the minority party rules everyone else [View all]

[dajoki]

It’s dangerous when the minority party rules everyone else
Republicans get fewer votes, but they’re about to lock down the Supreme Court.
https://www.washingtonpost.com/outlook/minority-party-electoral-college-court-trump/2020/09/25/1163b954-fdfc-11ea-8d05-9beaaa91c71f_story.html

Before the end of the year, Amy Coney Barett will probably be sworn in as a Supreme Court justice — and she may serve for decades. She will have been appointed by an impeached president who lost the popular vote in 2016 and may well continue in office after losing it again in 2020. She will almost certainly be approved by senators representing less than 45 percent of the American population.

Our nation is moving even deeper into minority rule: The House aside, the U.S. government is controlled by the less popular party in a polarized two-party system. We may call this unfair, but that would trivialize the problem. It is entirely permissible under the Constitution, and it is dangerous. When the majority of a nation’s citizens can’t get its candidates elected or its preferred policies passed, the government’s legitimacy is compromised and destabilizing pressure begins to build.

The tendency toward minority rule in the United States, present since the founding, has become more acute. That’s certainly true in the Senate: California has 68 times as many residents that Wyoming has, but the same number of senators. The disparity in population size between the biggest and smallest states is far greater than anything the founders knew.

Residents of rural, sparsely populated states are vastly overrepresented in the Senate. And because the electoral college is based on the number of federal representatives, this rural-state overrepresentation plays out in the selection of presidents, as well. Former vice president Joe Biden could well win the popular vote by three or four percentage points, or even more, this fall and still not be elected.

The House, the most democratic institution in the three branches of government, has no role in selecting Supreme Court justices. That’s the purview of the president and the Senate, which means that the composition of the high court has a minoritarian, rural-state bias built into it as well. (According to a Washington Post-ABC News Poll, only 38 percent of Americans say the replacement for Justice Ruth Bader Ginsburg should be nominated by Trump and confirmed by the current Senate; 57 percent say the nomination should be left to the winner of the presidential election, and put to a Senate vote next year.) Should a Trump nominee be confirmed, the Supreme Court will consist of six justices appointed by Republicans, even though the party has won the popular presidential vote only once in the past seven elections (George W. Bush, in 2004).

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