Voters can restore checks and balances

Voters can restore checks and balances

People could take power back, overrule Congress, Supreme Court

 

Gordon L. Weil

Political talk focuses increasingly on whether democracy can survive the Supreme Courts’ grant of almost regal powers to the president and Donald Trump’s exploitation of virtually absolute authority that he gained from it.  

If the Court envisaged any limit on the president, it would have to come from an independent Congress.  But that has been sorely lacking.

American democracy is supposed to mean that the voters choose the people who will lead the legislative and executive branches of government, and they can change their leaders through regular elections.  Leaders can embody and represent the majority will and serve for the benefit of all.

In practice, at the federal level, it doesn’t work that way, producing popular discontent with the government.

The most significant political act by voters occurs one day every four years, when the greatest number turn out to pick the president.  They choose based on repeated impressions they have received from political advertising, much of it negative about another candidate.   Unlimited campaign funding leads to more heat, not more light.

The vote for president is a blank check to a person in whom they have more confidence or who promises to pursue a specific issue in line with the voter’s views.  Voters know neither if a candidate will perform in line with expectations nor the challenges they will face if elected.   Charisma counts.

The influence of any voter is reduced by the sheer size of the country.  While the electoral voting system artificially prevents a single national popular vote, the Electoral College distorts the weight of each vote in favor of voters in smaller states. 

Asking a vast nation of 349 million people to make a single, considered decision is not realistic and weighting each vote differently yields a system that is only imperfectly democratic.   Real direct democracy only works in small places like Switzerland or New England towns.

The lack of term limits and unlimited political spending work against popular control.  Democracy is reduced to the mere act of voting.   Some politicians even try to make voting more difficult.

In electing members of the House and Senate, votes are influenced by how well incumbents have done to bring federal funding home to the state.  Incumbents get campaign financial support from groups they have favored in Congress.  Their offices can serve to keep their names in front of the public. 

Most incumbents tend to hold onto their seats by using their inherent advantages and because politically pure districts have been created to help them. The net result of congressional elections is determined by only a handful of districts. 

The constitutional plan to keep the federal government from getting too far away from popular control is the idea of checks and balances.  But when, as now, a regal president enjoys a subservient Congress of his own party and a compliant Supreme Court, the plan fails.

A method exists that can counteract the gradual erosion of what might be called “the democratic method.”  It would require only one quick reflex by some of the voters.  It would occur in congressional elections, especially at the midterms.

If voters chose to split their votes between parties to ensure that the president and Congress were under different control, democracy would work better.  That may seem like a pipedream, but it is the most feasible way of forcing political compromise and a government that can produce results.  The alternative is what we have – partisan division and excessive presidential power.

Midterm elections could serve this purpose.  Better yet, even in presidential election years, voters could split their ballots to limit the winner’s free hand.

In short, split-ticket voting may be what saves democracy. 

This year’s midterms, only weeks away, are a test case.  As usual, the Democrats should pick up a few seats.   But given Trump’s distinctive and highly controversial way of governing, the midterm elections are likely to provide the opportunity to reconsider the 2024 presidential election.  Seldom is the question posed as sharply as it is now.

Trump had promised change from President Biden’s deeply unpopular immigration and economic policies.  He claims to keep his promises and many voters thought he would.  But Trump has disappointed them, scoring negative ratings in almost every major policy area.

Congressional Republicans have grown willing to risk the president’s retaliation as they face rejection by discontented voters.  Trying to save his domination, Trump’s GOP redistricted states and poured on the campaign cash.   He has sought to treat the election as a normal exercise, with traditional GOP support, allowing him to survive with unchecked authority.

But Trump harmed the consumer economy, caused an unwanted war, openly enriched himself, and failed to keep his promises.  In response, voters might regain their democratic power to do what Congress and the Supreme Court wouldn’t – restore checks and balances.