It’s My Party
It's my party, and I'll
cry if I want to
Cry if I want to
Cry if I want to
You would cry too, if it happened to you
Are political parties making us cry?
The founding fathers did not anticipate the formation of political
parties. If they had, the Electoral Crisis
of 1800 would never have happened. This was an inadvertent tie between the Democrat
candidate for president and Democrat candidate
for vice president. That led to the adoption of Twelfth Amendment
to the Constitution which implicitly acknowledged the existence of political parties
by separating the election of the president from the election of the vice president.
Single member districts were also not a constitutional requirement. The constitution required that votes in the House
of Representatives should be apportioned by a decennial Census. More than one representative
per state could was expected. But the Constitution
was silent on whether those representatives would be proportionally elected in a
state (i.e. at large) or whether those representatives should be for specific districts
within a state. Single member districts
were the result of Congressional apportionment act of 1842.
The result of single member districts and a plurality system
is, according to Duverger’s Law, two political parties. If the winner is determined by plurality, merging
any political parties that did not receive a plurality was proposed as inevitable. Consequently there are two political parties
in the United States, while there are more than two parties in proportional
systems of representation, e.g. parliamentary
systems in Europe.
A consequence of a two-party system is that supermajority votes
become a way for one of those two parties to block the actions of the other
party if it is a minority, but not a super-minority. Thus a supermajority action, such as advise
and consent; ending debate and bringing a bill to a vote, popularly known as
the filibuster; etc. can be blocked by the political party that is a minority.
If votes for a supermajority were
secret, then retaliation against the “defectors” could not be enforced by that political
party. Thus supermajority votes might then serve their intended purpose, to
make sure that actions of a majority do not come at the expense of the minority. Actions to block votes by a majority, by the
party that is a minority, but not a superminority, are the current impasse.
Just as the framers of the Constitution did not anticipate
the formation of political parties, Congress did not anticipate the consequences
of single representative districts.
There is a good reason for a single representative for a district. It ensures that the representative is closer
to the people being represented. However
the consequence of this single representative per district system is to makes it possible for the minority party to block all actions of the majority
party, unless that majority party
is also a supermajority. Rather than change
the electoral system, require that all supermajority votes ( e.g. advise and consent,
declarations of war, ending filibusters, etc.), be by a secret ballot. This would
recognize that there are 50 States, 100 Senators, and currently 435 Representatives,
and not just 2 political parties. A secret ballot in supermajority votes should
serve to unite us, rather than divide us. Will that portion of the minority
that is also a superminority object? Of course, but the alternative may be to allow simple majority
action in all cases instead of requiring a supermajority. Let’s not eliminate the protections against a
tyranny of the majority because we don’t want a tyranny of the minority.