Is the US Still a Democracy?

Is the US Still a Democracy?

Robert A. Levine

When does a democracy cease to be? Have we reached that point yet or are we getting close? The essence of a democratic system is the opportunity for every citizen to be able to choose who his or her representatives will be in the local, state and federal governments. This prerogative is being taken away from many citizens in various states, particularly those with a reddish hue. Republican state legislatures are tightening voter laws in every way they can, making it more difficult for people to cast ballots.

Gerrymandering has long been a problem, but is only getting worse as partisanship increases. Congressional and state legislative districts are being drawn by state legislatures to give the party in power, usually the Republicans, to win a disproportionate number of seats in relation to the votes it receives. The Republicans in North Carolina received a very minimal majority vote in eth 2022 elections, but gained a supermajority in the state legislature due to gerrymandering. Similarly, a new Congressional map drawn by the new legislature is projected to add three GOP Congressional seats to the current delegation. This blatant political gerrymandering of districts was upheld by the North Carolina Supreme Court which has a five to two Republican majority. Other states are or have proceeded with the same type of mechanisms to aid them in winning the state legislatures and additional Congressional seats though the process is obviously unfair and undemocratic. And the state courts for the most part are upholding these political maneuvers.

But that is not all that Republican controlled states are doing. Some have eliminated voting by mail because that makes it easier to vote and more people are likely to vote. The legislatures have also cut down on the number of voting days and hours and have curtailed the number of drop boxes for mail-in ballots where they are still allowed. In fact the number of these drop boxes makes it necessary for residents to often travel great distances to place their ballots in drop boxes which are frequently overstuffed. In Texas, Governor Greg Abbott issued an order limiting drop boxes to one per county. This means that Houston, with almost five million residents has only one box where all its citizens can deposit their votes. Houston just happens to be a city dominated by minorities who would tend to vote Democratic.

Other ways Republicans are making it more difficult for minorities to vote is by asking for specific IDs that out of state students and minorities may not have. These may include state driver’s licenses which poor people who do not own cars and students from out of state may not have. They are also scrutinizing voter IDs for any slight discrepancies which will enable them to invalidate the voter.

Republican states are also trying to limit the power of the people by changing the rules on referenda. They have seen that the majority of people in many red states favor abortion and perhaps are against other issues that conservatives want to enact. Thus, the state legislatures in some states are requiring a super-majority instead of a simple majority for a referendum issue to pass and in some cases the state legislatures are able to overturn the results of the referendum. Who cares about the voice of the people? The GOP feels the people in their states will not care about the changes and will not do anything about them.

Instead of trying to make it easier for citizens to vote and have a say in policy, red state legislators are making it more difficult, trying to eliminate many of whom they consider voters who lean Democratic. Unfortunately, the state court systems in most Republican controlled states and the Supreme Court are dominated by Republicans and do whatever they can to limit the power of Democratic voters. There is no consideration of democracy, merely winning at all costs, even if it means doing things that are underhanded and unfair. A one party nation would suit these Republicans fine. Who needs elections in the first place?

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A Partisan SCOTUS- Is It Here To Stay?

A Partisan SCOTUS- Is It Here To Stay?                                                                                                            

Robert A. Levine      

McConnell and Trump got what they wanted. A partisan Supreme Court with a 6-3 conservative majority. McConnell prevailed by using unethical tactics, but he did not care. Though Trump and McConnell did not and still don’t see eye to eye on many issues, they both agreed that a conservative Supreme Court was a vital matter and any means that were necessary to reach their objective was worth it: by hook or by crook and they used both. No moral or ethical compass for either.

The unethical procedures began in the last year of Obama’s presidency when a seat opened up on the Supreme Court and the president nominated Merrick Garland, a centrist candidate who was well thought of in legal circles for the position. Disregarding precedent, McConnell decided that a nominee for the highest court should not be confirmed in the last year of a president’s term. This had never happened before, but McConnell proclaimed a new rule. He was hoping that a conservative Republican would next win the presidency and nominate a conservative candidate for the Court. His wishes were granted and Trump was elected president because of the arcane and undemocratic mechanism of the Electoral College, even though Trump lost the popular vote.

Trump’s initial nominee to the Court was conservative Neil Gorsuch who took the seat that should have gone to Merrick Garland. His second nominee was conservative Brett Kavanaugh who was accused of attempted rape by Professor Christine Blasey Ford when he was a high school student, and of sexual assaults on other occasions. He was also known in high school and at Yale as a heavy drinker. The FBI was not given permission by Trump and the Justice Department to look into all the complaints of sexual assault before Kavanaugh was confirmed by a Republican majority Senate. It was believed that Kavanaugh had likely lied to the Senate when questioned about the assaults.

The most hypocritical confirmation of a Supreme Court nominee shepherded in by McConnell came at the end of October 2020 when President Trump only had two and a half months left on his term. Amy Coney Barrett, another conservative was confirmed by the Republican controlled Senate, 52-48. She rose from being a little known law professor at Notre Dame to the Supreme Court in three years. Mitch McConnell simply changed his mind about nominating a member of the Court in the last year of a presidential term when that person happened to be a staunch conservative. And it wasn’t in the last year but the last two and a half months. Barrett replaced Ruth Bader Ginsburg, a liberal justice who was held in very high regard in legal circles.

Prior to Trump’s presidency in 2013, the Supreme Court voted to overturn the main part of the 1965 voting rights act by a 5-4 vote, allowing nine states, mainly in the South, to alter their voting laws without obtaining federal approval in advance. The Court said that society had changed and federal supervision was no longer necessary. Since then, there have been major efforts to suppress minority voting in a number of states, by making registration and voting much more difficult. In fact, the Justice Department recently sued the state of Texas for their restrictive laws, a case that is certain to go before the Supreme Court. This term, the Court will also rule on a restrictive law regarding abortion passed by the state of Mississippi. Given the questioning by the Court of both sides, it is likely that Mississippi’s law will be upheld and Roe v Wade may even be overturned.

It is sad for our democracy that presidents who lost the popular vote have handed the Supreme Court over to conservatives who were confirmed by Senators who in total had less popular votes in being elected than their Democratic opponents. Is this the way democracy works? Unfortunately, it is. The only way this partisan Court can be changed is by Democrats maintaining control of the Senate and voting to expand the number of justices on the Court. Limiting the terms of justices so there is more frequent turnover would also be a sensible idea.     

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