(Dobbs) Should Voters Choose Politicians, or Politicians Choose Voters?
The honest answer is obvious
What’s wrong with this picture?
In our American democracy, voters are supposed to choose their politicians. But in a growing number of states— 18 by the latest count (with more in the works)— Republican-dominated legislatures have passed laws to make it harder, not easier, to vote. Particularly for minorities. What this means is, instead of voters choosing their politicians, these politicians are choosing their voters. If the Democrats had been the ones to try this trickery, the Republicans would call them traitors to the Constitution.
Yet now, unless Congress passes federal laws that would supersede those state laws and make voting easier for every American, those undemocratic, un-American state laws will stand. Unless, that is, the Senate eliminates or at least limits the use of its otherwise untouchable tool called the filibuster.
If you’re not into politics, you probably aren’t into reading more about the filibuster. But because it is becoming an existential obstacle to free and fair elections, this is something you probably ought to understand.
First, the history. The filibuster is not a law. It wasn’t created by our Founding Fathers. It’s not enshrined in the Constitution. It was dreamt up 50 years after the founding of the republic, basically to allow a minority in the Senate to talk a bill to death. In modern times, it was infamously employed by Southern Democrats to block legislation that would protect (or to be realistic, simply establish) the civil rights of black Americans, which in the South were so overtly ignored.
Second, the numbers, and this one is bewildering. Under the rules of the filibuster— with just a handful of exceptions— at least 60 of the Senate’s 100 members have to support a piece of legislation for it to pass. The filibuster’s advocates argue two rationales for this. One is that it forces bipartisanship. I can only ask, how’s that working so far? The other is that it prevents the tyranny of a slim majority. But turn that number on its head, which is exactly what the GOP has been doing in today’s 50/50 Senate. If it takes 60 senators for a bill to pass, that means it takes only 41 to block it. If that isn’t tyranny of the minority, I don’t know what is.
Third, the consequences. Almost everything that comes before the Senate is a question of policy. In today’s world that means President Biden’s infrastructure ambitions, his climate change proposals, his tax reform plans, and the rest of his agenda. Congressional Democrats can make strong arguments for them, but congressional Republicans can make strong arguments against them. That’s what the Senate’s all about. But voting rights aren’t policy. You just can’t make a strong argument against them. They are at the foundation of our democracy. As the New York appellate court put it the other day when it punished Rudy Giuliani’s conduct by suspending his license to practice law in the state (including the very city he once proudly governed), “The hallmark of our democracy is predicated on free and fair elections.” If the filibuster stands, which means the states’ restrictive voting laws don’t get overridden, the hallmark falls. And with it, at least metaphorically, our proud democracy.
Fourth, the logic. Even some Democrats argue that if they diminish, let alone decimate, the filibuster, it will come back to haunt them when the shoe is on the other foot. In other words, when Republicans are back in the majority again. I argue— and this is what makes it existential— that if they don’t attack the filibuster, then the Republicans’ unconscionable manipulations of voting rights will put their party back in charge for time immemorial and then, there’ll be no need for impactful policy debates, period. If one party gets away with choosing its voters the way Republican legislators in all those states are doing, then all the rest is moot.
One caveat: when I say “Republicans,” I don’t mean all of them. I mean the ones who still stick to The Big Lie and tried to corrupt last year’s election. The Michael Flynns of the world— he was recorded publicly showing support for a coup in the U.S. like the one in Myanmar. The Mark Meadows of the world— he was uncovered in emails pressuring the Department of Justice to investigate groundless conspiracy theories about the election (like people in Italy using satellites and military technology to switch votes for Donald Trump to votes for Joe Biden). The Rudy Giulianis of the world— he was caught on tape pressuring Ukraine to announce investigations into Biden. And the members of Congress who wouldn’t certify Biden’s win and now characterize the insurrection on January 6th as a walk in the park. As if we should believe them over our own lyin’ eyes.
Either something changes, or democracy is compromised. It’s that dangerous.
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For almost five decades Greg Dobbs has been a correspondent for two television networks, a political columnist for The Denver Post, a moderator on Rocky Mountain PBS, and author of “Life in the Wrong Lane.” He has covered presidencies at home and international crises around the globe. He won three Emmys, and the Distinguished Service Award from the Society of Professional Journalists. Some of his essays also are published— with images— on a website he co-founded, BoomerCafe.com.
Very Good, your doing a great job educating your readers. I wish for many more of them. Gil Dembo