Columbia law professor Tim Wu explains at the NY Times that in our society, things that vast super-majorities of Americans want will never become law because of lobbyists.
About 75 percent of Americans favor higher taxes for the ultrawealthy. The idea of a federal law that would guarantee paid maternity leaveattracts 67 percent support. Eighty-three percent favor strong net neutrality rules for broadband, and more than 60 percent want stronger privacy laws. Seventy-one percent think we should be able to buy drugs imported from Canada, and 92 percent want Medicare to negotiate for lower drug prices. The list goes on.
The defining political fact of our time is not polarization. It’s the inability of even large bipartisan majorities to get what they want on issues like these. Call it the oppression of the supermajority. Ignoring what most of the country wants — as much as demagogy and political divisiveness — is what is making the public so angry.
Some might counter that the thwarting of the popular will is not necessarily worrisome. For Congress to enact a proposal just because it is supported by a large majority, the argument goes, would amount to populism. The public, according to this way of thinking, is generally too ill informed to have its economic policy preferences taken seriously.
It is true that policymaking requires expertise. But I don’t think members of the public are demonstrating ignorance when they claim that drug prices are too high, taxes could be fairer, privacy laws are too weak and monopolies are too coddled.
Others remind us that the United States is a democratic republic, not a direct democracy, and that the Constitution was designed to modulate the extremes of majority rule. Majorities sometimes want things — like bans on books, or crackdowns on minorities — that they should not be given.
This is true. It is also true that a thoughtful process of democratic deliberation and compromise can yield better policy outcomes than merely following the majority’s will. But these considerations hardly describe our current situation. The invocation of constitutional principle has become an increasingly lame and embarrassing excuse. The framers of the Constitution, having experienced a popular revolution, were hardly recommending that the will of the majority be ignored. The Constitution sought to fine-tune majoritarian democracy, not to silence it.
No one single person has done more to silence that then my state's senior senator, Mitch McConnell. He has personally made sure that legislation -- bipartisan legislation, mind you -- on all of these issues and more, have never passed the Senate and will never pass the Senate as long as he remains GOP leader.
I hope to help defeat him in 2020.
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