Bravo for Professor Levy. Once again our northern neighbor shows us the right way. Make America great again: imitate Canada.
2
It bothers me that the discussion never seems to mention that we Democrats are playing on a tilted field. The plain fact is that the US is NOT a democracy at the national level because of the 2-Senators-per-state rule and its application not only in the Senate but in the Electoral College.
Our high school textbooks don't mention this, nor do they typically evaluate the impact of money on the elections. And in my 4 Poli Sci courses in college, neither was ever mentioned.
It wouldn't matter if the imbalance were equal between the two parties. But without this imbalance the entire face of our national political life would be inalterably changed.
Why is no one talking about this?
35
@Ann Sutherland
No one is seriously talking about this because you'd need an amendment to the Constitution to change it, and the small states with outsize Senatorial representation would never ratify such an amendment.
6
@JennieThe National Popular Vote would be an end-run around the Electoral College; we're already more than halfway to the required 270 Electoral votes.
https://www.nationalpopularvote.com/
3
@R Nelson It's a good thing to try, but I think it will suffer from the same issue of smaller states not wanting to join.
1
This is a piece about unicorns and rainbows. It would be nice of the world works that way. During Watergate and the progressive eras the country was much less polarized. This power grab is about cementing minority rule. I suspect, the Republican voters in MI and WI support the changes in the legislative chambers.
34
@skinny and happy
Yes, the republican voters support the changes, not the majority of voters. Republicans are a minority.
2
Yes, all very well but, it was reported that Wisconsin voters already rejected the current administration by voting something like 55% for Democrats and the Democrats still lost the legislature due to gerrymandered districts. As with Hilary Clinton actually winning the US presidential election popular vote by what should have been a decisive 2.8 million votes, there needs to be some deep, very deep national dialogue and changes to the ridiculous Electoral College, gerrymandering rules, voter suppression laws and rights of the imprisoned to vote. Otherwise, as already seen in the 2016 presidential election and in Wisconsin and other states in 2018, the majority can't get there from here.
45
@Henry's boy
Remember, we are not a democracy, but a "democratic republic". We are democracyesque. And boy, the devil is sure in those details.
2
The creation of the initiative process to enact legislation by popular vote was one of the reforms made by the nineteenth century progressive movement to combat a situation where the will of voters was being thwarted by machine-controlled politicians in state legislatures. It has been used recently in several states to pass election reform statutes putting the drawing of congressional and state legislative districts in the hands of a non-partisan commission. The people in states like Wisconsin and Michigan are facing the same problem that faced the voting public in the Progressive era. If the initiative process is available, it can be used to bypass the minority-party controlled legislature and pass needed reforms.
43
@Linda and Michael..
This only works if the results are respected by the state legislature. This was not the case in South Dakota recently.
5
Thank you for your thoughtful suggestions Mr. Levy.
Strategy is critical. Republicans have been better strategists than Democrats in grabbing and maintaining power. Their strategies are often based on misrepresentation, outright lies, and procedural shenanigans. But their voters buy it. No matter what Democrats do, about half the country will still vote for the GOP in spite of their dirty dealing. The only way to move ahead is stop the dirty dealing which is made possible by loopholes. Close the loopholes and we might stand a chance of a representative democracy.
89
@cheddarcheese
But, but, but, those "loopholes" are the things republicans rely on and will NEVER allow to be "closed". By loophole you mean gerrymandering. Republicans will never "close" that option off. It would be political suicide if they did, so why would they?
4
@Matthew
Yes, gerrymandering is one of the dirty tricks.
Also exploiting procedures like the electoral vs. popular vote, obstructionism, voter suppression, primary candidate selection, etc. The GOP is better at those things.
The point is that Democrats must appeal to voters' emotions and values in order to win...THEN institute better policies when they can.
People generally obey traffic laws. They protect us. But when there are no traffic laws then you get disaster. Likewise, we need level-headed laws/policies/procedures to run a democracy. The GOP cheats. Better system policies are only way to stop the cheating long-term. Retribution, tit-for-tat, and playing dirty won't work for Dems.
10
@cheddarcheese
The thing is, even if Dems don't go for retribution or playing dirty, the GOP will accuse them of doing so, and the media will report the story as if it has two sides, and is more evidence of "political stalemate."
2
This is about more than Wisconsin, Michigan and North Carolina, isn't it? How about voter suppression in Georgia, Florida, Oklahoma and others. It may be a slightly different issue but the Republican intent is the same - to undermine democracy.
114
@Keith This article addresses the voter suppression you mention starting in paragraph nine.
2
As a former Florida voter who has seen my votes cast for Democratic candidates on a digital voting machine jump to the Republican candidates, I would also propose adding one more thing to legislative reforms regarding corrupt election practices. It is that all voting software must be open to inspection and certified by non-partisan panels of experts and kept under lock and key prior to elections and that there must be a paper trail. We need some national standards. This is getting ridiculous. No wonder its so hard to get people out to vote.
1
I fear that part of what underlies the Republican assault on democratic norms is the eager support of many rank-and-file Republicans, and not just the party's monied supporters. In this way, there's a resemblance to the era of discrimination against black people.
The fixed, two-Senator-per-state idea was a compromise by the Founders to get those states with fewer white people on board - a fatal flaw right up there with the compromise they made on slavery to get the Southern states to agree. Two fatal mistakes our Founders made, daggers to the heart. Perhaps the Senate should be in some way proportional, perhaps with one to three Senators depending on population, but such an amendment would of course be ferociously opposed by the less populous states, who after all would still have representation, but not to the patently disproportional degree they do now. The National Popular Vote would be an end-run around the Electoral College and the amendment requirement to change or abolish it; we're already more than halfway to the required 270 Electoral votes.Check it out:
https://www.nationalpopularvote.com/
Good News! There is a bi-partisan plan to reform the Electoral College, giving the winner of the popular vote the Electoral College victory as well--and it's more than halfway to being enacted. See https://www.nationalpopularvote.com/
Here's a question: what is a patriot, and who gets to define it. For decades, all my adult life, GOP have wrapped themselves in the flag as a symbol of their patriotism, all the while shunning Democrats as hippies, tree huggers and commies. But literally, right now, who is the greatest threat to our democracy?
1
Democrats are so notoriously bad at powerful and unified messaging that I fail see how they are going to manage it in such a backstage, bureaucratic issue as procedural reform. The bleeding heart of the party is so constitutionally averse to any hint of violence, it can't couch its message in even a punchy line. The Republicans used mafia tactics in Wisconsin; they took a bat to the knees of the winner as they were climbing out of the ring. But democrats recoil at such simple terms; they like the truth, but can't stomach brutal honesty.
Do not overlook that Democratic legislators in New Jersey are trying to gerrymander districts to further insure their continued domination of the legislature
Regarding these republican “power grabs”: if changes to the rules are allowed by the rules themselves, and the legal requirements laid out for making those changes are fulfilled, then it’s not ‘cheating,’ it’s ‘playing the game effectively.’
Nor is it ‘authoritarian’, it’s by definition ‘democratic’. The big surprise: democracy doesn’t have look the way people think it should and, like everything else, it’s now evolving rapidly. Keep up or become obsolete.
The author’s faith in the electorate is, by my reckoning, misplaced. Half the country isn’t being duped by wannabe dictators, half the country is in fact in support of hardliners who play to win. You can’t open their eyes to your way of thinking, their eyes are already open. The question is, are yours?
In my admittedly limited life experience — I’ve currently lived less than 1 full life — culture only goes forward, what is past is past, and the only way to beat champion game players is to update your style and play at least as competitively. By all means, work to make the game less subject to power grabs, but in the meantime... accept that there is a game and it will ALWAYS be competitive, so the only sane choice is to play to win.
With the change of the House, a change of hope , a change of goals and an influx of the female point of view we now have a place in the conversation. Now lets make this conversation about that hope and the goals and also about the democratic side of this democratic republic. About how some would destroy this democratic side to our experiment in self governance. We need to bring the ways that have been used for this coup into the conversation every day. Remind people of the tactics that have been used to subvert this democratic side to our government and do it every day. We have been given a place in the conversation and we should use it every day. We must uncover all the ways that have been used and all the places they have been used to steal our rights every day. The pubs don`t control the conversation anymore. We have a voice now use it.
The power grab can't be allowed to happen. That's the response. It isn't an opportunity for working out a better policy going forward, or something to capitalize on it in 2020, and nobody thinks tit for tat is a good idea. "Introducing a symbolic first bill" is about the lamest idea anybody ever wasted tax money on. Proposals invite compromise where there shouldn't be any.
It is more important for Dems to take the long haul approach and focus on the single issue of Republicans advancing an authoritarian state versus a democratic state. Under the leadership of the American Legislative Exchange Council (ALEC), Republicans have been introducing legislation disenfranchising potential opposition voters. In addition they diluted the strength of working people through “right to work” legislation (it was done in both WI and MI). Dismantling unions takes away a very strong political asset, labor opposition and people in the streets and knocking on doors advocating for candidates and issues.
How important are people in the street and knocking on doors? Witness the grassroots movement in MI, Voters Not Politicians, which passed a proposal to limit gerrymandering by using social media to get volunteer people in the streets to collect signatures to get a proposal on the ballot and getting out the vote to pass gerrymandering reform to the vote percentage of 61.21% to 39.27%.
Having a singular issue will get volunteer and electoral support that will work in the long run, versus actions that will continue to exacerbate divisions.
4
Reacting through reason is always better than reacting with emotion. Better results and you look better achieving them. This gives no ammunition to the other side.
2
@Keith Ferlin Absolutely not. The Republicans win over and over because Democrats cherish such high minded illusions. The two are not mutually exclusive. Save the reason for good policy making; but bring out the big guns of emotion for message and marketing.
This is the right strategy, and a good initial list. Tit-for-tat retaliation simply degrades the democratic norms Dems must fight to revive and legally enshrine.
Missing: getting rid of the Electoral College an archaic mechanism that denied the winner of the popular vote for POTUS twice in the past six Presidential elections.
Who from the Dems presidential candidates will advocate, in the spirit of civil rights legislation, a federal law enforcing voter rights and equality nation-wide? Why should the states be permitted to determine their own rules for federal elections? The power of smaller states is already enshrined in the Senate. It should be eliminated in electing the nation's CEO.
4
What all the people in Wisconsin who voted for the Democrat Governor and Attorney General should have done and should do, based on an article the Times published, is to protect in front of every Walgreens store in the state. And follow that up buy boycotting Walgreens stores and shop in other Pharmacy stores.
If all those who voted for the Democrat Governor and Attorney General did this, Walgreens would lose more money than they are saving on Wisconsin state tax incentives.
I use Duane Reade which was bought out by Walgreens and I like the people working in the Pharmacy department, but maybe all Democrats all over the country should boycott Walgreens because the company executives care more about money than Democracy. If what I wrote above were to happen, Walgreens stores all over the country would be closing down due to a huge loss in business.
2
We should outlaw voting machines while we're at it, unless you want to trust Republican software companies to count the votes fairly.
2
Yes, definitely.
But I'll also boycott NC, Wisconsin and Michigan--food, cars, conferences. Buh-bye, boys.
1
The article mentions the lack of legislation to require Presidential candidates to reveal their tax returns. More and more states, thanks to Trump's refusal are working towards making transparent tax returns a requirement. Let's hope this idea grows although it might end up in Trump's packed Supreme Court.
https://newrepublic.com/article/147310/can-states-ban-trump-ballot-doesnt-release-tax-returns
1
Again, the Republicans are using democratic norms. They are using the rules of democracy to try and quash democracy. The Democrats and Independents are going to have to grind out the same procedures as the Republicans. Get out the vote, get out the vote, and get out the vote.
5
Yes, Lay down in the road and get nothing done and reinforce everything people think about democrats. Professor as well intended as you are...this has no attachment to reality. Democrats must fight for their beliefs and causes. Our government,which heavily depends on people of honor, does not function that way any longer. We must do whatever we must do the restore honor and get things done. Time to be smart..not necessarily polite.
1
The most important thing to keep in mind is making sure that the next President is a Democrat, even a moderate one. We need a Justice Department that will stand up for voting rights, even if some state legislatures try to diminish them.
Here's an example: when Obama was still in office, and I still lived in New York City, the Board of Elections made some short-sighted (not partisan in any way, just stupid) decisions about changing the boundaries of voting districts. Where I lived I had to now cross a major roadway filled with traffic with one traffic light and a narrow island separating the two directions. There was no way to reach the new polling station except by walking to it through that traffic. I dealt with this for the primary. As a older person I complained to the Justice Department's Voting Rights Division. After the primary, before the regular vote, the old boundaries of our district were reinstated. Now, that's what I call government responsible to the people.
3
Seems like some in the GOP like power much more than they like democracy. Disgusting!
2
So your answer is to promote shame to a party that has no shame or soul?
Thank you for bringing these excellent ideas to our attention! All Democrats should be aligned in the effort to remove voter disenfranchisement, gerrymandering, and all the other undemocratic tools in the Republican playbook. I agree that most people who value our democracy will get behind such work.
1
From where I see, every time democrats attempt to do the “right thing” or “take the high road” with republicans it back fires for Democrats. Why? Because republicans NEVER play by fair, honest rules.
Republicans have been gaming our system in a prevailing manner for decades. Gaining control of state legislatures and governorships enabled extreme gerrymandering and voter suppression which in turn allowed republicans to CONsistently gain seats despite losing the popular vote (this just occurred in Wisconsin). Appointing and jamming thru partisan republican judges especially on SCOTUS ensures longevity for their UNDEMOCRATIC strategy.
WE the people MUST stop the republican authoritarian takeover. Not voting is criminal at this point.
6
Governors Walker & Snyder are probably frothing at the mouth in excitement at all the corporate board seats they're going to be offered, what with all the prestige and money they'll guarantee. What activists and Democratic voters can do is stir up threats of boycotts on those corporations looking to add Governors Walker & Snyder. I don't think that's something many corporations want to deal with. Hence, the prospect of losing opportunities for personal and financial gain might make future lame duck governors think twice about signing such odious bills into law.
4
There’s one word that describes one that changes the rules at the end of a game that they are losing: cheater.
4
Nonsense, they used democratic rules and procedures to make legal changes to the process. You may not like it (I don’t either), but that doesn’t make it any less democratic, and all this childish name calling achieves nothing.
This proposal is sort of like the "When they go low, we go high" philosophy espoused by Michelle Obama. The problem is that this is naive and doesn't work well against a corrupt and totally ruthless opponent, like today's modern Republican Party. The problem with the Democrats is that they always bring a knife to a gun fight. Yes, the authors proposed legislation for an "anti-corruption" bill sounds good in theory, but it will never get passed by the Republican majority in the Senate or signed into law by Donald Trump. So, the only way this can become law, sort of like the Affordable Care Act, is going to be when the Democrats control the Federal government completely, with the Presidency, House and Senate in their hands. And since it is rare to get a 60 vote filibuster proof majority in the Senate, the odds are not good for this happening.
1
Sunlight is the best disinfectant so Congressional hearing should concentrate on the corruption and criminality of the republican party.
Keep it simple. Wisconsin voters were 54% Democrat but that only got them 37% of the legislature. Any sane individual can see the injustice in this. Publicize it for the next two years.
The Michigan republican governor intentionally poisons poor populations with lead in order to save money. Any sane individual can identify with the poisoned. Publicize it.
republicans give large tax breaks to rich people and take away middle class deductions such as state income and property tax deductions. Obama's middle class tax cuts were greater than the republicans. Publicize it.
The republicans condone murder as a way of silencing the press. Money is more important than a free press. Publicize it.
Keep it simple. Keep it constant. Keep it loud. Kick the republican bums out of office.
5
Dems, do NOT go tit for tat if it means continued destruction of the democratic norms that have served us well.
Other than that..... hardball all the way to achieve the best results for the American people.
2
I have read a number of comments to date. Most have very valid comments. I guess I side with the position of the author, where it makes sense. I agree with filing court cases. Where I have concerns is any argument for actions that make us look no better than a Republican. Further, it is a mistake to assume we can fix all abuses in one election cycle. It took time to get on this mess. It will take time to recover and return to a full Democracy.
I disagree. The Democrats will place themselves in a terrible position if they don't start fighting back. Examples of the opposition consistently taking the high road are found in Hungary and Poland. Democrats should respond in kind to all of the Republican tactics until they come to an agreement to stop together.
1
While I am not confident in the judicial temperament of the present Supreme Court; never-the-less, in the early sixties the Supreme Court ruled (one man,one vote) which required that voting districts within the various states (for example Senate Districts) had to be representative of the population. While it is not exactly the same thing, when Democratic State Representatives get 54% of the vote and only 37% of the seats, as in Wisconsin, it would seem that the districts were drawn in violation of the one man, one vote concept. I would take it to the Supreme Court and see what happens.
1
Unfortunately, effective messaging and coherent narratives and visions are not Democratic strong points, and haven't been for a long, long time. And even more unfortunately, they have been Republican strengths -- no matter how false, misleading, and manipulative the content has been. How else can one explain how and why voters so frequently vote against their own self-interest?
6
If I were to paraphrase Prof Levy "If only the Democrats would act like academics and offer honest solutions based on the data then the Democrats will thrive."
Unfortunately, we have already tried that and we got screwed.
Politics is not for academics. To be a successfully politician, unfortunately, the politician must be willing to say and do what is required if they want their policies to be enacted.
Politics is a dirty business, that is the way it is now and that is the way it has always been.
You can play the game or you can watch from the sidelines.
3
Well thought out argument. The 1992 Biden Rule set precedent for McConnell vis. Garland and cost the Dems a SCOTUS seat. Democratic gerrymandering in MD was a blemish on the party's reputation. With Dems still in a defensive position, building broad unity around a Pro-Democracy program, including expanding the franchise, removing obstacles to voting, more resources to counties to increase and secure voting venues, mail in voting, etc., is the right way to go whether or not a reasonable GOP ever re-emerges.
3
@ThomHouse There never was a Biden Rule. That was a myth created by the Republicans which you seem to have swallowed whole.
4
I do agree with the idea.
Unfortunately, I am worried that the idea will not make a enough of a dent in the worldview of many right-wing voters. Democrats have been demonized for so long by so many of their trusted sources that you could tell many of them who need assistance that the Republican has already tried and will try again to gut their Social Security, their Medicare, their food stamps and more, and they will still trust the Republicans more on those issues. I fear the same framing has already happened with voting rights.
4
What is missing here is how the Democrats can spread the message. With the most popular news media in those states being Fox and Republican owned newspapers, the Democrats need a way to let the public know how they are being manipulated.
3
"Retaliating in kind" may not be an ideal solution, however the idea that it "could aggravate already deep polarization and wreck what’s left of our political norms" is no longer relevant. Republicans are already destroying representative democracy, and without democracy, there can be no political norms.
The G.O.P is now a pure authoritarian party with total contempt for democracy. Despite voter suppression Republicans lost both executive offices and legislative majorities in states like Michigan and Wisconsin. They only maintain legislative majorities because they gerrymandered state districts to ensure that they receive a majority of legislative seats even if they lose the popular vote by huge margins. The latest power grabs are what Republican's created minority rule for.
Anything Democrats do won’t further "embolden Republican. Republicans don’t care, their conduct won’t change whether Democrats confront them directly or indirectly. "Democrats can use the Republican hardball against them by weaving together the Michigan, Wisconsin and North Carolina cases into a larger story to take to voters in 2020." However, Democrats just did exactly this in the past election and it only accelerated Republican power grabs.
If the last 2 elections show anything it's that arguments alone for democracy are not enough. You can’t win if your opponents are autocrats who will overcome any arguments for democracy by making sure democracy loses no matter how many voters support it.
17
@Robert B gets it. NYTimes, please give him an op-ed column.
The Dems need to do a better job of challenging the voter suppression laws being passed in GOP states.
It does no good to sound the alarm three weeks before the election. By then the doctored ballot, the new identity rules, the closed polling places, etc. will not be changed, even by a sympathetic court judge, invariably citing 'It's too close to the election' as a reason to not do anything.
What is the DNC for?
They should have their radar up a year before any election, looking for blatant and egregious attempts to suppress the vote. This would give them time to react, and perhaps get a good ruling, and in time.
This should certainly be as important as their fund raising efforts, which is the only thing the DNC seems to care about.
6
This piece is more or less a bulls-eye. If Democrats can weave together a narrative in which Republicans come across as the party of economic elites, inequality, climate denial, and stubborn obstructionists? Now throw in: they'll undermine democratic norms to hold on to power. A large majority of the American people are ready for that message. Toss in a recession and look out below in 2020.
To state the obvious, President Trump, ugly as he is in so many other ways, is a great help in this effort. Pelosi and Schumer proved that the other day.
7
A sad truth is that the Republicans have the best spin doctors. They go on the offensive with phrases like "open borders" and "free stuff," and put Democrats on the defensive or resorting to whataboutism in an attempt to answer. GOPs have even managed to appropriate the word "elite" to characterize educated advocates of social justice. The other tactic they use is to blatently accuse Democrats of the very thing they are doing, particularly in the areas of health care and social security.
It is hard to use the same tactics in retaliation, as GOP offenses are harder to articulate without reference to their context – corporate welfare, environmental deregulation, climate science denial, defunding of education and social services, etc, etc.
For all the outrage, Democrats are equally afflicted with short attention spans and historical apathy, and our candidates are also compromised by connections to corporate power. This leads to the dilemma wherein a strong platform of legislation needs to be articulated, while at the same time the fires of anger at the present situation need to be stoked in order to motivate voter turnout.
2
Procedural reforms are necessary, but not sufficient, to restore popular sovereignty, i.e., democracy. There needs to be an enforcement mechanism to prevent those procedures being simply ignored by the party in power.
Since the Republicans have controlled all three branches of government, procedures, laws and norms have been ignored or overridden, and there has been no power to enforce them. The new Democratic-controlled House must create a way for such laws, norms and procedures to be enforced, or else the Republicans will ignore them and regain total power by corrupt tactics.
1
Though I think the author is right both tactically and ethically, I notice he did not mention the procedural assassination of Merrick Garland's nomination to the Supreme Court. As long as GOP voters see tangible proof that anti-democratic (lower case d) tactics yield results favorable to them, Levy's argument will fail. This brings into question whether the American experiment is verging on failure.
8
Yes, do these things, AND take the GOP to court on everything they've done, they're doing now, trying to do, and thinking of doing. Tie them up legally as much as possible.
6
The Democrats are unlikely to make any effective effort to counter or prevent Republican distortions of democracy, because those distortions are funded and supported by the same kinds of people who fund the the Democrats. Until the vast sums of money that flood elections and candidates is curtailed, the people with money will continue to try to control government to their further enrichment. They have been wildly successful so far and it is unlikely that the Democrats would give up this fountain of wealth.
2
I don't see why the Democrats can't do both. When the California Assembly had a slight Republican majority, Willie Brown, the Democratic leader, used every procedural and strategic trick in the book to prevent the Republicans from enacting their agenda. He took his role seriously and I have always admired his tenacious fighting spirit. It's something most Democrats seem to lack. The Republicans play hard ball and the Democrats can't even seem to find the stadium. I don't see why Democrats can't take advantage of every opportunity to further their cause AND at the same time point to the Republicans anti-democratic moves in Wisconsin, Michigan, North Carolina and elsewhere. Frankly, the vast majority of the public, especially the Republican voters, will likely not notice either of these events--- they seem to have a very short memory and tend to be focused on other issues.
4
the key words in this op-ed piece are: "in the short term." i agree that this kind of voter awareness strategy should be applied for two years--because, as the editorial recognizes, the dems don't really have any power to play hardball.
but, after 2020, the dems must reciprocate repubs' hardball tactics if they wish to maintain their voters' loyalty. dems need fighters--which was one reason obama lost respect in many places. for example, movement to add puerto rico and the district of columbia as states should move ahead, to equalize power in the senate.
and a movement to add three justices to the supreme court also should move ahead. dem journalists don't appear to recognize the grave harm facing our country from republican ideological dominance in the supreme court and lower federal courts--that grave harm must be stopped asap.
we're like the proverbial frog (or lobster) in a pot of increasingly boiling water--if we don't turn the heat down now, it will be too late to correct the political damage that will be done to our country.
4
Wouldn't it be simpler to promote ballot initiatives or referendums on matters such as ending gerrymandering (e.g., setting up an independent commission or some other mechanism) or prohibiting power grabs by lame duck legislatures?
@RichRichard......A good idea where applicable, but many states do not have ballot initiatives or referendums. Among the states without that option are Wisconsin and North Carolina.
We're in this for the long haul, and unless we can look to such basics as integrity, we'll never be able to counter the false beliefs on the third-, fourth-degree issues at stake.
Politics is about the emotions that remain long after the facts (true or false) are forgotten. The most frustrating problem I face in conversing with my conservative family, et al, is the "Dems are no better" attitude. No single example is sufficient to counter this belief (even if I could remember such specifics with immediate recall!)
BUT, if I can point to the measures Prof. Levy recommends actually being proposed by "the other side," I can lay a foundation for undercutting the false equivalency that is believed to exist.
(Right now, with my family in Ohio, the best I have is, "Really? Can you see Sherrod Brown doing the same thing?")
In the human mind, it is the one-off story that resonates, not empirical evidence. What better story could there be?
4
For this narrative to take root, the media will need to help. People need to be clubbed over the head with the asymmetry of this problem. The Republican party is the party of voter suppression, the party of voter fraud, the party of gerrymandering, and the party of corruption. Some Democrats do this as well, but these perversions of democracy are foundational principals of the current Republican party.
6
I agree with you when you say "That’s not the time for retaliation and escalation". But then you proceed to retaliate and escalate when you say "The obvious place to begin is with the White House itself. Proposals to require presidential candidates to disclose their tax returns, give teeth to the Emoluments Clause, strengthen anti-nepotism rules that should keep unqualified family members out of sensitive offices, extend conflict-of-interest rules to include the president, and turn blind trust norms into binding rules won’t be hard to understand under Mr. Trump". These, while good ideas for a later time, will clearly be understood by many as "retaliation and escalation". You can't have it both ways. Your idea is solid. Your implementation is counter productive. Find a better implementation.
Fighting the Republican anti-democratic moves without fully utilizing the courts is like going into a fist fight with one arm tided behind your back. Sure, have that political right hook available when there's an opening but its also necessary to keep jabbing in the courts as they most certainly will.
4
I like Mr. Levy's proposal. I also think it has a good chance of swinging the pendulum back to (or closer to) "normal" and compel both parties to put forth programs and policies that appeal to the country as a whole. One can only hope the Democrats see things the same way and act accordingly.
Independent redistricting should be the biggest issue on the table. It is at the root of most problems including rule changes, voter suppression, etc. But this has to be a state-by-state battle.
6
This assumes that the voters who've supported Republicans in Wisconsin, Michigan, and North Carolina could be persuaded to withhold their support in future elections based on legislators' violation of the norms that should govern elections and transfers of power. There is simply no evidence to suggest those voters find what their legislators are doing to be unacceptable, let alone that they would change their votes as a way to express any disapproval. On the contrary, they probably regard the cheating, lying, voter disenfranchisement, gerrymandering, abuse of power, and general contempt for democracy to be means justified by their preferred ends.
4
So far, with the exception of Schumer's baiting of Trump yesterday, I will say that the Democrats have been the only adult in the room. Watching the likes of Graham, Hatch, McConnell, Ryan, and Nunes has soured among voters and inspired the independents to come out in strong numbers. But, playing nice won't win because the GOP has decided on brass knuckles. The author has some good ideas for the precision strikes I'm talking about. Keep looking like the adults but with a twist: ambushes, secret clauses, and lots of publicity.
An ambush is where the enemy, the GOP, is forced to defend turf popular with their friends the donor class but unpopular with voters. It's a win-win, if you can do something like raise taxes on the rich while avoiding raising taxes on the middle class.
Secret clauses are passages in bills that are subtle but hurt the GOP donor class.
Lastly, publish this in the Times, on CNN, let Rachael Maddow dissect evil GOP intent all for the watchful independent voters.
5
It need not be one or the other strategy. Democrats can go to court and try to reverse the anti-republican behavior of the Republicans and they can go to voters as well. The one problem with going to voters is that Democrats won and overwhelming majority of the vote. Republican gerrymandering has nullified that victory.
2
As soon as folks understand that Russia is an *ideal* for Republicans rather than an enemy, their behavior under Trump will make more sense.
6
Dear Jacob Levy, it is too bad that you are not incorporated with the Democratic party; it is so in need of strategic thinking, such as you have offered. Thank you for showing this disparate party how it should be done.
2
I agree that leading by example is a better option... though Republicans are clearly hell-bent on packing the courts, Harry Reid's chiseling away at the two-thirds rule in the Senate was a big mistake, leading to the loss of minority input and the rule of brute force, ala the Kavanaugh hearings.
If, god willing, the Democrats take back the Senate, they should reinstate the old rules, even if it means a short-term reduction in their own power. Making the rules fair again not only has "good optics," it will also help shore up civility and lead to a better, more balanced judiciary. It's also closer to what the founding fathers intended balanced government to look like.
If Republicans turn around and go nuclear again when their turn comes, the contrasts -- and conclusions -- couldn't be clearer.
6
And make every single corrupt money baggin donor pay the price for attacking our democracy for their own gain. They need to be addressed harshly in print and via our laws or it will only get worse.
7
"Reasonable Republicans" is an oxymoron. The Republican Party was decimated by the Tea Party. The Tea Party is a domestic terrorist group that operates like an organized crime syndicate. "America's Hamas," if you will. The only effective response to this Constitutional crisis is the exposure of Republican Tea Party criminal activity. The longer we hesitate to defend against this domestic enemy, the more entrenched they will become. To survive, America needs to target the Tea Party's center of gravity - The unholy union between government, business, and Christianity. At least, what used to be Christianity. When the churches stopped preaching parables and started disseminating propaganda, they lost all favor from God. Here in Rutherford County, TN I can speak of this subversion firsthand. The local Christian community has become a cult, hell-bent on promoting Tea Party ideology. These are dangerous times for America. The Republican Tea Party is America's problem. The first step in solving a problem is to accurately identify the problem.
13
Agreed.
In states that allow ballot initiatives, measures against extreme gerrymandering, voter suppression, and lame duck power grabs would seem to be a good idea.
I once read that the last king of Brazil argued against the abolishment of his position on the grounds that it was the job of the king to protect the people from the government. If we had a monarch or a House of Lords with the power to slow things down, on rare and extraordinary occasions, and force the democratically elected representatives to reconsider a law under the watchful eye of the public, then the passage of legislation that negatively affects the integrity and legitimacy of democracy would be an occasion justifying the use of that extraordinary power.
As it is, the Ds should give it a shot, and the Rs and the R donor class should reconsider their positions.
It’s dispiriting when people on the left argue against even making the effort on the grounds that voters are idiots or jerks. I’m glad Beto and Obama ignored that kind of thinking.
3
@Jack What I don't understand is the short-sightedness! If removing power from "we, the people" is OK, for Republicans, then, it's OK for Democrats, too. You can't corrupt democracy only once, or only in your favor. It will come back to bite you.
1
@Jack The U.S. Senate is intended and was historically structured to perform this function. The Reid/McConnell Senate has unfortunately abdicated this role to become merely a smaller and more geriatric version of the House of Representatives.
Would that Senator McCain's call for return to regular order had been heeded.
3
Nope.
Democrats: Fight fire with fire.
Republicans are a clear and present danger to the republic.
Enough dithering. Project power.
4
For over twenty years the Republicans have stayed focused on gaining control of the states, one by one, and then changing the laws to keep themselves in power. We watched while liberal Wisconsin kept coming up red despite the actual voter count. We were all here when this was going on, but until an overt criminal was able to use the system already set up and become the leader of our nation did it catch anyone's attention. We claim the problem is Fox or money in politics. I think apathy should be put into the equation. Even with the criminal activity undeniable, we seem to think that allowing liars to repeat the lies is news. Why is that news? Can we look at all of journalism, not just Fox, and say its time to come through for us and actually research and give indepth coverage. With 24/7 news cycles why do we only see the same tired footage over and over all day long, covering the same story with the same liars. Isn't it about time we expect actual news coverage that gives us background and new information, not simply repeating the same 7 minute story 20 times a day.
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@Flanagan
I watch a major network's evening news. One half hour each of local followed by national. For in depth coverage, there is PBS News Hour and the BBC. All the rest, should one desire, is for entertainment only and should be treated as such. Best yet, read a reputable newspaper or follow NPR.
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The Democrats are probably 20 years too late to this fight to preserve democracy. Bringing an end to gerrymandering, the electoral college, voting restrictions and these lame duck power grabs, by the minority, are the ONLY things that the democrats should be talking about. I have no doubt that in a democracy, where the majority of people elect who is in power, then all of the other ambitions of the democrats can be carried out.
2
A proposal to give Statehood to Puerto Rico due to the woeful response to Hurricane Maria would be better. As a state they'd have more influence to make sure they were properly treated.
1
@Jennie It's far from clear that statehood is the preferred outcome for Puerto Rico. As I recall the electorate was roughly split between status quo, statehood and outright independence.
@Michael Miller
I thought they had already voted for it a couple of times.
I applaud the suggestion to develop and succinctly communicate a “corruption narrative”.
Acutely focused and using “messaging techniques “ from the right,( repetition, and addictive talking points for example, except not specious!)...
...may be helpful for our nation’s electorate who has been overrun by misinformation.
3
The use of outrage is a well accepted political weapon. What the GOP did in Michigan and Wisconsin is outrageous. And it’s similar to what the GOP has done across the country. The issue is an easy sell and an easy position to support.
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@George Santangelo
Especially so when good politicians clearly explain how the G.O.P. is taking away opportunities for most of us and making the future worse, rather than better, for the country.
10
@George Santangelo
A crying baby grabs people attention but when it keeps crying all the time, if it isn’t theirs they walk away.
I would add to the list of reforms needed:
Have enough polling stations in Dem/GOP based on population. Keep polling places open long enough for all to vote. Too often there are a handful of polling places in high Dem/ lower income to dozens of stations to GOP /higher income areas.
Restore early voting in the length of time previously offered.
Make Election Day a paid holiday, still Tuesday but allowing those who would miss work a chance to vote.
Make it easier not harder to vote. If they prosecuted election fraud such as gerrymandering, fraudulent absentee ballots, election funding crimes with the same intensity they do the supposed voter fraud necessitating voter IDs maybe things would change.
In the past “everyone did it” but in recent years the GOP has gone to new limits of fraud. This has to stop. Make any fraud punished enough to make it stop.
4
A well thought out article. Moderate in tone, encompassing many of the sought after electoral reforms that have a broad-based appeal. Re-gaining state legislatures only to do a Democratic gerrymander is certainly the wrong thing to do, for example, even though that was the past norm. Non-partisan redistricting commissions is something most people can get behind. Let us hope that other reforms from this fine article become part of the election strategy in 2020.
7
@TRA Unfortunately the non-partisanship of redistricting commissions can be compromised in a variety of ways. Perhaps these need to be approved via direct statewide referendum, and then changeable only via supermajorities.
Exactly. This pendulum that the Republicans have let swing to their initial direction will come back... as hard the other way.
The Constitution tried to dampen this. It tried to assure to a government for all citizens, not just the winners of today.
Since Republicans have engineered continual slash and burn, gerrymandered excess, adulterated the Constitution and states laws to maintain their control in the face of defeat, winning the presidency with minorities, and through a right wing Supreme Court, systematic vote suppression and vote tampering, and the host of undemocratic maneuvering they employ legal and illegal tactics… time to stop the polarization, stop the extremism and require balance, centrism and fairness. Return to the Founding Fathers' intent: democratic government. We the people... all the people.
12
This would be a logical approach were it not for… Republicans. We find ourselves in this pickle in the first place because Republicans have simply abandoned playing by the rules.
Bringing these reforms to the people will work if the people remain educated and engaged, but I don't know. It's a tough sell to a populace that's already exhausted and being asked to endure more daily drama for at least another two years. And then there's that small sticking point of a Republican-controlled Senate, not to mention most State houses.
I just don't know.
6
@myasara
African Americans faced a far steeper hill to climb in their quest for equal rights. It would be a disgrace, to use a currently debased but apropos word, if those of us who support real democratic norms did not fight at least as hard as those civil rights activists did to restore those norms.
It will not be a fight won overnight, i.e., in an election cycle or two, but we must commit to it. Either that, or we should abandon the pretense that we deserve a strong democracy. That's what the authoritarians are hoping for. That's what we must deny them.
4
When they can they should strengthen the definitions and partitions of power stated in the state and national constitutions. They need to make it easier for the judicial branch to see the intended laws so they can't waffle on determining justice like they do so much now. The lawsuits are a correct path and with strengthened constitutions and definitions it will be less likely that the GOP will try these illegal acts.
A vast segment of the population are devoid of morality and believe in the criminality of the GOP. To expect them to change and see the injustice of the GOPs power grabs suggests a lack of understanding. I suggest the author spend a little more time with common Trump voters and GOP supporters. They believe in a mafia type of leadership, that is why they love Trump.
5
Much though the current Republican Party has left reasonable voters with only the Democratic Party to turn to, many long-term reasonable voters will remember that the Democratic Party has been a consistent disappointment over the years as well, but to a lesser degree and in different ways. This article is an absolutely spot-on recommendation that any democracy-loving voter can get behind.
Ultimately in setting voter requirements and drawing districts, we desperately need a third group whose first dedication is to the principle of democratic rule itself, not to any party. Perhaps impractical, but the current situation of expecting partisans to put democracy ahead of partisan alliances is simply not workable.
2
@Boltarus
The two party system seem doomed. A third party(s) would require coalitions to be built (rather than a simple majority) for passing legislation. This would also end the mindless "follow the leader" party affiliation and allow moderates to express their views. There is a reason why half the electorate is not registered to either major party however, this should also not suggest that fringe candidates and parties such as Ralph Nader or Ross Perot are the answer either. Our current system is in trouble.
1
This is a fantastic idea which, I fear, is spoiled by the pragmatic reality that a plurality of our electorate has the attention span of a gnat.
We seemingly can barely remember what anti-democratic scandal happened last week despite a barrage of information and messaging to that effect. I can only imagine how hazy memories will be two years from now.
Here's hoping I'm wrong.
12
Hear, hear. As always, the Democrats need to hurry slowly on the pathway of unrestrained moderation.
We are the party of good ideas and good governance, we cannot defeat the Republicans by becoming them.
16
The Republican Party abandoned civil politics and democracy when Newt Gingrich came in and have recognized no limits on their exercise of power since. This piece points to one thing that is needed: people need to be shown what is going on, and Democrats have done a poor job of this to date. The second thing that is required is that the present Republican Party be completely destroyed. Anybody who votes for any Republican for the time being is not a good American.
22
This coupled with some fair reporting requirements. Even if Democrats offered a strong narrative of Republican shenanigans, I'm not certain that critical majorities in mostly rural states will get the message. Half the country (the progressive blue mostly urban part) is being held hostage by right-wing media like Fox/Sinclair because another 1/3 of the country gets skewed propaganda that is mostly misrepresentation and coordinated with Republican messaging. That's a big part of the coming battle - getting truthful fact-based information to those voters. I'm not hopeful.
16
@Scott Kohanowski. We took a road trip. At the motel in a small Oregon city, MSNBC was not on the cable package. Even CNN was absent. Just Fox. No wonder people are so ignorant.
6
@Scott Kohanowski If you read about the framing of the Constitution, you will find that the only way to get it done, was to ensure a voice for citizens of smaller, and more scarecly populated states. The compromise was a Senate, with 2 votes per state, and a House of Representatives, organized by population density. Disinfranchising citizens who live in states of low population density is not an option. When Mitch McConnell got up, before the sentate, right after Obama won his first election, and said, "OUR JOB IS TO SEE THAT BARAK OBAMA IS A ONE TERM PRESIDENT", I knew we were lost. He did not say, "Our job is to reach out to the new government and make sure that, together, we serve the American people. All the people." I knew, then, that this was not MY America. It may never be, again.
8
Everyone must vote blue in 2020. The electoral college must be eliminated. States with small populations should not have a greater say, per person. Corporations are not people. Those working in them, already have a vote. Election finance law must be reformed. Money must be taken out of the equation. Voter disenfranchisement must end. Outside threats are acts of war and must be treated as such. “Don’t Tread On Me” should not be a empty threat. Offensive cyber warfare should be expanded, unfortunately.
28
I agree with your comment on making this a core campaign issue in 2020, the GOP attack on democracy and voting rights.
Also, how about the blue states withholding their federal tax monies? Every single GOP controlled state is a welfare state. They can't function, make payments, or do anything without the handouts from the blue states.
For all their talk about self-sufficiency and pulling yourself up by your bootstraps for individuals, they are very happy to get a free ride from the blue states they disparage.
End state welfare! [hehehe]
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@galtsgultch Sounds good, but it's not the states that send money to the Fed, it is the taxpayers IN each state who send it in with their 1049s.
In 2020 the GOP will lose more governorships and the same thing will happen again. Gerrymandering is where the Republicans have the advantage. They can get clobbered in the popular vote and maintain their hold on the legislature. The GOP successfully made a concerted effort to win state legislatures while the Democrats looked elsewhere. It seems likely that Trump court will block any judicial efforts to contain GOP gerrymandering and voter suppression.
8
Why not try to organize a mass movement for voting rights and against gerrymanders?
14
@Chris Martin
Sigh. What would that "mass movement" be? Protest? Amend the constitution? You do realize stuff that would fall under the category of "mass movement" have been happening, right? You do realize folks in Wisconsin have been protesting, right?
You do realize republicans would just ignore it, right?
But sure, toss out your ideas!!
2
With Fox "News" pumping out propaganda 24/7 regarding the goodness of Republicans and the evil of Democrats, don't expect procedural questions will change the mind of any hardcore Republican.
The fact is, Republicans receive less votes but gain more representation at all levels of government. Doesn't that tell you something? Fingers on the scale?
Republican policies are bankrupt (which suits the King of Bankruptcy" just fine). Here's how they roll...
Tax cuts for billionaires but no living minimum wage.
Enormous funds for the the military, but schools languish
Support of hatred & racism and elimination of humanitarian aid.
"All are equal, but some more equal than others"
Killing journalists is OK as long as the killers buy military hardware.
Democracy in America is dead unless and until we the people take it back.
42
If the GOP cements its dead hand on the country by entrenching itself in power (such as by taking over the Supreme Court with young ultra-conservatives) the only response that will be meaningful for a generation is to go tit for tat.
5
@John Graubard
Describe "tit for tat" in the context of cemented entrenched power.
We should be very proud of teaching them these stunts. However, our power grabs have been even craftier, with judicial overreach and executive orders ... and that's put us in the place we are now. Our hypocrisy has cost us dearly.
@John, Obama's executive orders didn't come out from nowhere. They were a response to a do-nothing congress; they were a tit-for-tat and not even an original "tit" at that because Bush was the one who had expanded executive powers. And judicial overreach? Go look at the conservatives on the Roberts court before blaming liberals. Ours, indeed.
5
The same laws could have been passed prior to the midterms, so motivation for them is pretty clear. But lame duck sessions are still legal no matter how much weeping and gnashing the NYT inspires.
In the long run Democrats will gain the power to change these laws, but they may also find them useful when that happens.
2
The Democrats, once in power, will find the new rules too seductive and useful to eliminate. Plebiscites are about the only way this can be fixed.
A fourth, unmentioned, option is to revise the state constitutions through initiative petitions. Strictly defining the positions of Attorney General and Governor would put these functions out of reach of the partisan legislatures.
14
@John Vesper Hopeful, but futile idea. Red states, where the reform is most needed, will continue to repudiate measures that broaden the franchise and increase transparency. Even at best, this is a piecemeal solution. National is best by far. Also, that's where the votes are.
2
There are also things the democratic party can done in Congress. There are no laws governing the indictment of a sitting President or to limit the Presidents powers as Commander in Chief to Start a nuclear war. Such need to be passed to have our government responsibly deal with 21st Century Issues. Whether sensible reform passes or not, this would show that the Democrats care about governing now.
4
To strengthen this proposal the Democrats should include the statement that these are necessary because of the Republicans' and the Presidents unrelenting lies. This should be accompanied by unrelenting stories in all media highlighting the many lies and also promises that were not kept or broken. This is something that clearly distinguish Republicans from Democrats. Even those who say all politicians do it agree that Republicans do it more and more egregiously by a wide margin. This is an easy message to understand and can be made into a pithy bumper sticker.
28
This approach would fail miserably. The 'voters' have an attention span of about 3 weeks or less. The only way to fight back against GOP hardball is Democratic hardball. In 2020 the Democrats need to gerrymander the states they control to the point the GOP begs them to create laws ending that tactic. Nothing other than force and pressure will change what the GOP is trying to do to maintain power with a minority.
64
@Jack Sprat: If Dems were in control in those states, they wouldn't need to gerrymander them. In any case, I don't want my party to do what we know is wrong. As it is, Repubs always bring up the sole counterexample of Maryland as fuel for their whataboutism.
26
Voters will remember who performed the last actions, not what those actions were a reaction to, especially if, as is likely, the Republicans twist the message to that end.
15
The Dems will successfully gerrymander one state. After that, 90% of voters will say "they all do it" and that will be that. The point of gerrymandering is that, once managed, it is virtually impossible to lose control to undo it. Game Over.
4
Can the Congress pass legislation prohibiting state assembly from passing any but spending bills to keep the state running until the newly elected assembly takes oath of office ?
7
Did you pay attention to the midterms, Mr. Levy?
Highest voter turnout in many areas since the 1970s. Socially Conscious Women now make up a quarter of OUR U.S. House and we will see the same increase in OUR U.S. Senate in 2020.
It's clear. WE THE PEOPLE no longer want business as usual. Many people have shed party affiliations and are now independents who will vote only for people who want to manage/govern for 99.9% of us.
It is time for OUR hired/elected officials to take off the gloves. They and WE know the game now and it's time for them to take hit the ground running and get OUR United States of America onto a sustainable social and economic course.
Socially Conscious democrats and independents know what the voters in their area want and will listen and serve them. No "national" or "academic" game plan needed. That is what got us into this mess - controlled by BIG money masters.
The Times They Are A Changin!
32
@njglea The loopholes still need to be closed. In fact that need is primary.
24