Democracy is difficult.
However, as Winston Churchill cogently told us long ago, "Democracy is the worst form of government, except for all the others."
Nowhere in the U.S. Constitution or the Declaration of Independence is the word "democracy" found.
As is the case with democracy, political parties are not mentioned in the Constitution. But they provide a systemic vehicle and organizing basis for primary campaigns and elections to designate nominees for public offices.
Some say our nation should be referred to as a republic, but the only place "republic" is mentioned is in Article IV, Section 4. "The United States shall guarantee to every state in this union a republican form of government." Some cite the oft-told story that Benjamin Franklin, upon leaving the Constitutional Convention, was asked what form of government the delegates had created and responded, "A republic, if you can keep it." Others speak of a "democratic republic" or "constitutional republic." But democracy is the most commonly used term to describe our system.
What we call democracy is sometimes more, sometime less than a structured framework for government, referred to at times as "representative democracy." In reality, it has increasingly become a non-stop political contest, a never-ending political chase centered around expenditure of millions of dollars, less about governance and more about partisan power.
Current politics are giving new meaning to the permanent campaign. With each election cycle, we see political activity and the "democratic process" extending into new, digital-driven territory. We wind up with a leader who is a serial subject-changer and norm-breaker, who believes that he has virtually unchecked authority in many areas. We are witnessing the cynical eroding of our institutions.
The U.S. system is distinctive in many respects and differs sharply even from other democracies, most of which are parliamentary-style. Interestingly and significantly, some of the other leading democracies are dealing with and emphasizing a similar force and factor -- nationalism. In some cases that is mixed with a heavy dose of populism. President Trump sees the world through a predominantly nationalist view. Nationalism is a powerful component of politics and policies in friendly nations such as India and Israel. And there's the fractious Brexit fiasco in Britain.
The separation of powers is a major element in what is distinctive about the U.S. system. Thomas Jefferson believed in the principle of balanced government and in the importance of checks and balances. He warned against an elective despotism. Power, he believed, "should be so divided and balanced among several bodies ... so that no one could transcend their legal limit, without being effectually checked and restrained by the others." Additional major features should be an independent judiciary and the rule of law, which can not only protect the rights of citizens, including minorities, but limit the powers of government.
That takes us back to checks and balances and to the current situation and outlook in Washington, where the Republican majority in the Senate gives Majority Leader Mitch McConnell an especially influential role. This is particularly critical when it comes to the Senate's role in confirming nominees for judicial and other governmental posts. McConnell says the Senate is in the "personnel business" this year, confirming Trump appointees rather than dealing with a significant legislative agenda.
The Democratic-majority House has been churning out bills, but few have any chance of Senate concurrence. And, despite the maligning of Obamacare, Republican leaders don't intend to take action on that until after the 2020 elections. Earlier, McConnell succeeded in blocking Merrick Garland, Obama's Supreme Court nominee, from even being allowed a hearing. Recently, McConnell engineered a Senate rules change to speed up the confirmation process, getting around Democratic stalling efforts. He had already guided the Senate confirmation of two Supreme Court nominees and more than 30 federal appellate court judges, with many more judicial nominees in the pipeline.
For the first time in decades the Supreme Court has a Republican-appointed majority. Defenders of what some refer to as modern-day court-packing by Trump and McConnell point out that it was Democrat Harry Reid, McConnell's predecessor as majority leader, who invoked the "nuclear option," meaning that cabinet appointees and most judicial nominees -- except for the Supreme Court -- could be approved by a simple majority. Previously, there was a 60-vote threshold in the 100-member Senate. Is Congress marginalizing itself?
What we are seeing is that democracy can be distorted for political advantage. And democracy should involve more than campaigns, elections and partisan maneuvering.
Yes, democracy is difficult.
Commentary on 04/17/2019