Majority Rule? or Majority Fooled?

excerpted from the book

Fixing Elections

The Failure of America's Winner Take All Politics

by Steven Hill

Routledge Press, 2002, hardcover

p223
Robert A. Dahl, Democracy and Its Critics

A democratic government provides an orderly and peaceful process by means of which a majority of citizens can induce the government to do what they most want it to do and to avoid doing what they most want it not to do.

p269
Even following the meltdown of the UnElection 2000, the level of hubris remained at quasi-patriotic levels. During the six-week-long presidential crisis, pundits and TV talking heads fell all over themselves to reassure a bewildered, post-traumatic public that the system was stable, like damage-control specialists at the scene of a ten-car wreck. Following the December 12 Supreme Court installation of the president, one influential daily newspaper opined with a straight face: "Once again the Constitution, the collected wisdom of the Founders, has met the test of democracy." While European and other international observers scratched their heads over a U.S. presidential election being decided by malfunctioning voting machines that disproportionately affected black, elderly, and poor voters, by a Republican-stacked Supreme Court halting the vote-counting on the flimsiest of grounds, and by an eighteenth-century voting procedure that failed to produce a majority winner in the popular vote or even in many states, a Newsweek columnist gushed about the "affirmation of the bedrock democratic principles that make the United States so formidable around the world." The New York Times smugly declared that "any wise observer-domestic, foreign, or interplanetary-has to conclude that Americans' final verdict will be that theirs is a country in need of new voting machines, not a new electoral system."

p271
... certain statistical indicators are helpful for assessing the health of any democracy ... These indicators include the following.

* Votes-to-Seats Index. The votes-to-seats index builds on the theoretical work of political scientist Douglas Rae and measures ... the "representation rip-off"-that is, the extent to which one party wins a greater percentage of seats than votes (overrepresentation) and the other party wins a smaller percentage of seats than votes (underrepresentation). It measures how well the intent of voters actually is reflected in the legislature. In Arkansas, for example, Democratic candidates for the U.S. House won only 45 percent of the statewide popular vote yet ended up with a whopping 75 percent of the House seats. These sorts of distortions occur in U.S. elections all the time, at local, state, and national levels, and have real impacts not only on representation but also on policy. But in contrast to their international colleagues, most American political scientists don't bother keeping track of the issue, and the media doesn't report it. Not surprisingly, therefore, the public is not much aware of it.

* Representation Index. This index measures the percentage of voters in a state who voted for the winning candidate in an election. Every election, besides most voters not participating, even fewer voters actually help elect someone. In a Winner Take All system where only one side can win, millions of voters in the wrong districts vote for losers and waste their votes, turning them into what I have called "orphaned voters" or geographic minorities. Many orphaned voters vote for losers election after election, and eventually they get the message-there is no point in showing up on Election Day. So, besides the number of wasted votes, the Representation Index also measures the degree of futility of voting. In the 2000 U.S. House elections, the Representation Index was only 31.2 percent, meaning that fewer than a third of eligible voters had their vote count toward electing a House representative.

* Margin of Victory Index. This is a measure of how much candidates win by, which is a measure of competitiveness. It is important to know this because ... there is a direct correlation between the competitiveness of many races and voter turnout, particularly for legislative elections. Generally speaking, the greater the margin of victory-the less competitive the race-the lower the voter turnout.

* Landslide Index. Related to the margin of victory index, this index measures the percentage of all races won by at least 20 percent. This is a benchmark number because twenty-point victory margins are considered such a landslide that the other side did not have a chance of winning. It is an indicator of "safe" seats. Whenever you see a pattern of districts won by such margins, election after election, it generally means that so many partisan voters-Democrats or Republicans-reside in that district that you can easily predict who will win, regardless of inequities in campaign spending or other factors. Demography is destiny in landslide districts, and the sheer number of such districts gives you a measure of how polarized a state or nation's politics is, and how badly gerrymandered the districts are. For the U.S. House, typically three-quarters of races are safe seats won by landslides.

* Voter Turnout Index. This is about the only democracy technology indicator that most researchers track on a semi-regular basis. But finding voter turnout figures is not easy, particularly for local, state, and nonpresidential federal elections, since they are infrequently published by the Secretaries of State, election officials, or daily newspapers. Even when they do publish the figures, many researchers typically goof it up, regularly distorting the information by calculating registered voter turnout instead of eligible voter turnout. In other words, they neglect to include those adult citizens eligible to vote but who, for various reasons, have not registered (it's kind of like keeping track of unemployment without counting those discouraged workers who have given up looking for work). Eligible voter turnout is used by virtually every other democracy in the world because simply using the turnout of registered voters gives a skewed picture, artificially increasing voter turnout figures by 20 to 30 percent. I have asked various American researchers and reporters why they do this and have received vague and inconclusive responses. Given how embarrassingly low voter turnout is in the United States, the reasons have ranged from ignorance to a conscious attempt to artificially inflate voter turnout numbers.

* Democracy Index. This is a clever indicator devised by Rob Richie of the Center for Voting and Democracy which takes a state's average ranking in all the above key categories: average margin of victory (measuring overall competitiveness), landslide index (measuring number of safe seats), votes-to-seats distortion (measuring how well the intent of voters is reflected by results), voter turnout, and representation index (which measures the percentage of voters who had an effective vote, i.e., contributed to electing a representative). The Democracy Index is a relative one, aggregating all these categories to arrive at an estimate of the degree of democracy, comparing the states to each other. For instance, according to this methodology the four states with the highest democracy indicator in 2000 were Minnesota, Missouri, Wisconsin, and Connecticut; the four states with the lowest democracy indicator were Texas, Oklahoma, Louisiana, and Arizona.

* "Mirror" Index. How well do our legislatures mirror the face of our population along numerous demographic lines, including race, gender, income, religion, trade/occupation, and more? In today's simple-minded Winner Take All climate, this is derisively labeled as "representation by affirmative action bean-counters," instead of one legitimate indicator among many of the representativeness of our political system. No doubt it is labeled thusly because the American political system so badly fails the test, hardly producing legislatures that mirror our population, as John Adams said it should over two centuries ago.

Like doctors of democracy, political scientists and journalists should be calculating these measurements and indicators immediately following every election for federal, state, and local races. That would give each state and our nation a measure of the health of our representative democracy. Measuring these indicators is like reading the oscilloscope monitoring the patient of American democracy, lying on the gurney. But other than the Center for Voting and Democracy's Dubious Democracy report for U.S. House elections and the Charlie Cook Political Report, which, like the Center for Voting and Democracy, uses a calculation similar to the Landslide Index to predict U.S. House races, these vital signs of our democracy are not measured to any consistent degree. There is practically no research or reporting done along these lines for state legislative or local elections. It is truly a gaping hole in scholarly research, a huge failure of American political scientists and journalists, and our understanding of our political system suffers greatly as a result.

p278
from the Nixon Tapes

Richard Nixon to John Erlichman:

You gotta remember, the smartest thing the [Founders] did was to limit the voters in this country. Out of 3 1/2 to 4 million people, 200,000 voted. And that was true for a helluva long time, and the republic would have never survived if all the dummies had voted along with the intelligent people.

Now we've gone all the way and passed voting rights. We've got people voting down there, ah, we even got rid of the literacy tests now. So you got people voting now-blacks, whites, Mexicans and the rest-that shouldn't have anything to say about government; mainly because they don't have the brains to know.

p293
Despite the potential offered by the evolution of our eighteenth-century Winner Take All practices, the American gatekeepers in the punditocracy, the media, the academy, and among reformers steadfastly overlook this course... their degree of misinformation, misunderstanding, and outright disinterest in the area of voting systems is baffling as well as dismaying. Even as our Winner Take All democracy gasps for breath, some old Winner Take All war horses have faithfully circled the wagons and rallied the troops. These gatekeepers have clung to the hope that traditional methods will be useful still, and approach the subject in an uninformed and oddly dismissive manner. Even following the meltdown of UnElection 2000, they would countenance few new ideas or allow discussion that fell too far outside the orthodoxy.

For instance, many reporters and pundits, as well as political scientists (who should know better), when you mention the words "proportional representation" in one breath, will mention Italy or Israel in the next. For them, it is as knee-jerk a reaction as the sun rising. It is as if the sum total of their knowledge relies on stereotypes gleaned from these two nations. Whenever Italy and Israel are mentioned so quickly in the conversation, you know you are in the presence of one of the many Winner Take All gatekeepers or their uninformed accomplices. Not that Italy and Israel have not had their share of political difficulties, but reducing the vast field of study of proportional representation to the perceived troubles of Italy or Israel is no more legitimate than reducing the drawbacks of Winner Take All to the troubles of Algeria, Angola, or India, which also use Winner Take All.

Those who make great sport of bashing Italian and Israeli politics like to criticize proportional voting methods for being held hostage by minority parties that can precipitate the collapse of coalition governments. Yet, as we have seen, under our own Winner Take All system small slices of the most uninformed and uninterested spectrum of the electorate, or conversely of the most zealous parts of the electorate, can acquire vastly exaggerated power, determine which party wins a legislative majority or the presidency, and thereby hold hostage any semblance of sane policy. Despite the numerous drawbacks to our geographic-based, two-choice system, the Panglosses of political science and punditry persist in their blind and kneejerk defenses of Winner Take All. And following the dictum that the "best defense is a good offense," they mount their defense often by making unjustified and insupportable charges regarding proportional systems.

The fact of the matter is, various proportional systems are used by most of the established democracies in the world today, and virtually none of them experience the difficulties of Italy and Israel. Currently there are forty-one nations with at least 2 million inhabitants and high ratings from the human rights organization Freedom House, and of these forty-one nations only three (the United States, Canada, and Jamaica) do not use a form of proportional or semiproportional voting system to elect at least one of their national legislatures. Most use a proportional system for their most powerful offices. In fact, the trend around the world is decidedly away from our Winner Take All system and toward these proportional alternatives. Even our own political progenitor, the United Kingdom, is in midstream of a most remarkable transformation of their old Winner Take All ways, recently adopting proportional representation for electing representatives to the European Parliament, the London City Council, and the Scottish and Wales regional assemblies, with some political observers predicting that the House of Commons is not far behind.

It is telling that, since their invention and systematic formulation by people like John Stuart Mill in the late nineteenth century, these other types of proportional voting systems overwhelmingly have been preferred by the world's newer democracies over the Winner Take All methods. Some voting systems certainly are better than others, depending on the needs of your democracy. Nothing in the U.S. Constitution requires single-seat districts for the U.S. House, the fifty state legislatures, or local government, although there is one federal law passed in 1967-ironically enough to support the now-besieged Voting Rights Act's efforts to elect more racial minorities-that mandates single-seat districts for U.S. House elections. By amending this federal law, states could begin tinkering with proportional systems for their congressional representatives, and state legislatures and city councils can do so now since they are not affected by that federal law.

Moreover, there also is no rule or law that says we cannot combine our single-seat districts with proportional representation, offering the benefits of both. Roughly speaking, single-seat district's geographic representation gives representation based on where you live, while proportional representation gives representation based on what you think. These are not mutually exclusive; indeed, they can be complementary, in theory and in practice, and incorporated into a proportional system known as "mixed member." Italian political scientist Roberto D'Alimonte has noted a remarkable convergence happening in many democracies of the world, with nations like Germany, Japan, New Zealand, Italy, and others successfully grafting together proportional and geographic representation in their "mixed member" legislatures, providing voters with a deeper democratic experience than we can possibly conjure here in the United States.

Our bicameral state legislatures provide an easy opening for such a mixed system. We could use geographic-based representation via Winner Take All districts in one house of the Legislature, and proportional representation where geographically dispersed "communities of interest" win representation based on what they think in the other. It is imperative that reformers and political scientists begin to think "outside the box" for creative solutions, begin to experiment a bit in the spirit of democratic tinkering like the Framers did. It is deeply ironic that corporations and entrepreneurs are extolled for innovation and modernization, even swashbuckling investment in the latest, greatest trend that amounts to the next dot-com bubble; free marketeers and their disciples celebrate Joseph Schumporter's creed of "creative destruction" as the rationale for failing businesses and lost jobs, the necessary price to pay for a vital economy. Yet when it comes to our politics and democracy technology, we are hopelessly bogged down by tradition and defenders of the status quo, stuck to the fly paper of old ideas. Just as with the free market, there is no "one size fits all" plan when it comes to our political institutions. Each city and state will need to figure out the best method to evolve its antiquated Winner Take All ways, and the federal level will need to do the same.

p295
At this particular historical juncture, it is vitally important that American voting methods-in addition to our voting machines-act as creatively and efficiently as possible to produce an inclusive representative democracy that is not bedeviled by the Winner Take All gremlins and goblins. It is important that our democracy technology offer electoral opportunity to the millions of orphaned voters from all races and perspectives to finally cast a vote that counts, and win representation and a degree of influence that heretofore have eluded them. What's more, it's important that the democracy technology act efficiently to allow new ideas to percolate to the surface and enter into the public debate. And finally, it's crucial that the democracy technology allow a majority of votes to translate into majoritarian policy. But these requirements are exactly where the eighteenth-century Winner Take All system is most deficient.

Certainly reforming Winner Take All is not the end of the road. Other changes are needed to truly open up our democracy and allow the Founders' and Framers' political invention to fulfill its destiny. These include public financing of elections and curtailing soft money expenditures, which will reduce the impact of private donors on policymaking and party leaders (the Soft Money Kings and Queens and Captains of Cash), foster debate, and help to reverse the mind-numbing loss of political ideas; a beefed-up public broadcasting sector and government-subsidized daily newspapers that can counteract the profit-seeking motives and duopoly allegiance of the Winner Take All corporate media that undermines democratic pluralism and political debate (several European countries could serve as a model for this, including the British Broadcasting Company in the U.K. and Germany's public broadcasting sector); streamlining and updating of electoral infrastructure and administration (voting machines, ballot design, recount procedures, etc.); and other electoral rules like Election Day voter registration, a national voting holiday or weekend voting, and reasonable and fair ballot access laws.

In addition, the idea of increasing the size of the federal House of Representatives should be explored. The number of representatives has not changed since 1910, and the 435 Congress members now each represent over 600,000 constituents, three times as many as then. It is little-known that the original Bill of Rights proposed by the Framers included twelve amendments, and one that failed to pass would have established a ratio of "not less than one Representative for every fifty thousand persons." Alexander Hamilton and James Madison in Federalist No. 58 noted that the purpose of the Census, among other things, was to "augment the number of representatives," so clearly the size of the House and the expectation of growth was on the Framers' minds. The House generally expanded in size each decade since 1792, until 1910 when it froze.

Now, compared to the national legislatures of other democratic nations, ours is about the lowest per capita. Various estimates have established that regular growth since 1910 would have produced a House with about 588 members, still smaller than the national legislatures of either Germany or the United Kingdom. In the U.K., for example, each Member of Parliament represents only about 70,000 residents, a manageable size closer to a city council district in many American cities that gives geographic district representation more meaning. Purely from a consumers' point of view, today there are a lot more "customers" (i.e., constituents) for each "store clerk" (i.e., representative) to wait on, and the customer-constituent relationship is being short-changed by the inelasticity of The People's House over the last century. We have only one-third of the representation of our 1910 ancestors, and for a system that depends on geographic representation in an increasingly complex world, the sheer numbers undermine the very basis of its value.

The overarching goal of all these reforms should be to open up our political system-a perestroika, so to speak-so that it is more responsive to the popular will, more representative, and fosters participation, national unity, informed public debate, majoritarian policy, and even civic enthusiasm. The goal should be the establishment of political institutions and practices that will promote a newfound sense of national pluralism. As we journey further into the twenty-first century, with our shifting racial demographic becoming the rising tide that lifts or sinks all boats, this is the only course that makes sense. In the longer term, that pluralism can only find expression via a multichoice/multiparty democracy founded on the bedrock of proportional representation. A pluralistic, mass society in the twenty-first century simply will not be well-served by the archaic, eighteenth-century Winner Take All political system with its strict reliance on exclusive geographic representation and a two-party duopoly.

But under the chronic nay-saying of the gatekeepers, reform always seems to have a ridiculously difficult road. Even a no-brainer like establishing Election Day as a holiday or on the weekends becomes hopelessly bogged down in cerebral red tape. Most modern democracies today vote on a holiday, a weekend, or over a series of days. There is nothing sacred or even constitutional about voting on the first Tuesday in November; most people have no recollection why it was established that way, how in 1845 President James Polk established the Tuesday voting tradition for the convenience of farmers. He set the day after the fall harvest, allowing Monday as a travel day to get to town so farmers could cast their ballots on Tuesday. A century and half later, most people don't live on farms, and Tuesday is a busy workday. The right to vote in a democracy is worth honoring and celebrating, instead of something to squeeze between errands, work, or at the end of a frantic workday if the commute home goes well. Yet even such a commonsense initiative as voting on a holiday, proposed by the high profile Carter-Ford commission in its July 2001 report regarding electoral administration, met with ridiculously stubborn resistance from the political class.

It is crucial that a national dialogue ensue about ways to bring our representative democracy, our pluralistic society, into the twenty-first century. And in that dialogue, the considerable deficiencies of our Winner Take All system must be front and center. For at the end of the day, the dynamics that exist in American politics today and that are contributing to post-democracy exist because of Winner Take All, not as a coincidence to it. Certainly it is inadequate for a pluralistic, free-trading, twenty-first century world that is no longer the sparsely populated agrarian society of our eighteenth-century wealthy and slave-holding founders. Instead, we live in a mass society of burgeoning diversity and complexity; our world is a hypertechnological, highly populated, and diverse one, hurtling toward yesterday's science fiction where an uncertain future awaits.

And right there at the eye of the maelstrom is the Winner Take All system and its disruptive gremlins and goblins. It's no coincidence that post-democracy should be happening now, at this historical juncture, with our political institutions and practices stuck in a two-choice, geographic-based political system from the eighteenth century. With the exception of local jurisdictions like Amarillo, Cambridge, Peoria, Hartford, and counties in Pennsylvania and Alabama and others scattered across the American landscape, the torch of bold democratic innovation has passed from the United States, stuck in its Winner Take All ways.

p298
Does the American Dream and way of life, extolled from shore to shore in the wake of the September 11 attacks, require an active and participatory democracy and an engaged citizenry? Or can our nation exist, as some like conservative columnist George Will and sociologist Michael Schudson have suggested, as merely a ratification democracy, a kind of "check-off" democracy, where most citizens only rise up at the ballot box when riled by offensive government policy, or repugnant personal behavior by a politician or party leaders, or an external threat?

This is a fundamental question that cuts to the heart of who and what will shape our society and what our society will look like in the future. Such a "ratification democracy" harkens back to the earliest days of the Roman Republic, which was dominated by wealthy elites but where major decisions were ratified by citizens who otherwise did not actively participate. Will such a bend in the road represent a step forward in our constantly evolving national destiny? Or will it amount to some version of Gaetano Mosca's elite ruling class, a post-democracy demonstrating once and for all that, indeed, at the end of the day, "the history of all societies has been, is, and will be, the history of dominant minorities?"

I am reminded that President Abraham Lincoln ended his Gettysburg Address with the famous words, "that government of the people, by the people, and for the people shall not perish from the earth" (italics mine). Certainly Lincoln considered, on that brisk November day in 1863, as he reflected over a grim battlefield where brother had brutalized brother, that this bold experiment "conceived in liberty and dedicated to the proposition that all men are created equal" could not be taken for granted, that it could wither on the vine as much as flourish and ripen. Are we, the first of the twenty-first century progeny, resolute enough to reconsider with Lincoln his moment of doubt regarding the fragility of our representative system?

Lincoln's "of, by, and for the people" is still a precious thing, still worth striving for, it seems to me. The fulfillment of the democratic Spirit of 1776 has been the most enduring legacy of the American revolutionaries, these last few hundred years having exhibited ceaseless heroic endeavor all over the globe to usher it forth, like a frail flower pushing up through the soil of calumny. Over the centuries millions of people have paid the ultimate sacrifice for their right to vote and practice democracy, and those of us benefiting today stand atop some mighty shoulders.

We live in a time when the words "invention" and "success" have become intertwined and confused with entrepreneurial and corporate values. Yet the greatest human invention ever, in my view, has been the practices, customs, and institutions of democracy. Everything else pales by comparison. Thomas Jefferson wrote the Declaration of Independence without a computer or the Internet; the Magna Carta was composed without automobiles or the telephone or a fax. Mary Wollstonecraft's Declaration of the Rights of Women was imagined without a Palm Pilot or a Web page. Yet their ideas have spread across centuries, sometimes like wildfire, other times like slow and patient tree roots.

It has taken a relentless march to get here. The quest for democracy is hundreds of generations and over two thousand years deep, and we occupy only the topmost strata, a small plot of land at that. Our mudslide into post-democracy, if left unchecked, is more likely to unleash not Lincoln's government of, by, and for the people, but a government of, by, and for the few-that is, tyranny. But, ironically enough, elected tyranny, a historically unique phenomena where elections will be pale farces of participation, representation, and discourse, and super-wealthy private interests will dominate. In such a deformed democracy economics will dictate to politics and politics merely will provide the means to clear the boulders for those who control the economics, an enervating antipode of the old Soviet-style command economy where bureaucratic politics decreed to economics. It will complete a tragic interment of the Spirit of 1776, and already we are already seeing the first signs of it in various American localities and landscapes. We should not relinquish the inspiring vision of a pluralistic democracy so easily, nor roll over and let it become a moribund remnant, a mere check-off democracy, one that is undernourished by the corporate media and the political duopoly and subordinated to unrestrained free market economics and the gremlins and goblins of Winner Take All.

But if Fukuyama is correct, that the march of history and ideology indeed has reached some "end of history" apotheosis in liberal democracy's balancing of equality and liberty, then certainly it also must be true that proportional voting systems-not Winner Take All-will provide the political engine of the new paradigm. The severe drawbacks of Winner Take All cannot be ignored much longer; they are threatening our national future. A disengaged public in a Winner Take All check-off democracy can be tricked too easily by the "crafted talk" and "simulated responsiveness" made so potent by modern campaign technologies in the hands of slick politicians and their pollster-geists and mad scientist consultants. Reflecting on the five sturdy poles that hold aloft the great tent of representative democracy-representation, participation, campaigns and discourse, policy, and national unity-Winner Take All breeds exclusion, alienation, ignorance, distortion, and adversarial division. While no voting system is perfect, given the alternative, proportional representation systems offer great hope for keeping these States united and evolving into the twenty-first century.

Government of, by, and for the people-not by emperors, not by a Politburo, not by preachers or mullahs, not by corporate CEOs or multinational media magnates and their proxies, nor by neo-aristocracy or kakistocracy, but "by the people." Two hundred years after our national birth-quake, that is still a vital animating force, still a revolutionary concept, albeit a fragile one. During this time of national anxiety, with minds that rarely seem to meet except in the most tragic of circumstances, and partisan, cultural, and racial lines that hardly cross, the potential offered by evolving our Winner Take All ways is a tantalizing prospect that demands our consideration. If we fail, around a future bend in the road awaits post-democracy.


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