Thursday, July 04, 2024

Minoritarian

Washington Post's Philip Bump tells it like it is: he federal government - all three branches - can contribute to minority rule, indeed produce it:

As defenders of Trump and the Supreme Court will immediately note: This is how the system works. And that is true. It is. Five members of the nine-person Supreme Court can be nominated by presidents who lost the popular vote when they first ran, and four of them can be confirmed by senators representing less than half the country. Then they can decide, against the views of two-thirds of the country, that a president who lost the popular vote should have immunity from criminal charges for having attempted to subvert the results after he lost the popular vote again.

Not, surely, what the founders intended, however limited their capacity to imagine the franchise. But how to fix it?