April 14, 2004
Securing Democracy in America
In a democracy, those elected to government should ideally embody the views of a representative cross-section of society. The role of government should be premised on the concept that when elected officials make decisions on pertinent issues, those decisions reflect the will of the people. This can only occur if elected officials stay true to the values they supported during their campaigns and voters have a wide range of candidates to choose from.
In the United States, our Winner-Take-All (WTA) election system ensures that democratic representation is little more than a myth. By design, WTA voting systems produce two dominant political parties that oscillate in and out of power, with the party losing the election forming a "government-in-waiting" [1]. It also rewards mudslinging and partisan obstructionism (i.e. gridlock), because the best way for one party to win elections is to drive up the "negatives" on the other party.
Our election system has also exacerbated a number of problems associated with two-party control including corporate financed campaigns, gerrymandered party districts, low voter turnout, and under representation of women and minorities in elective office. However, these are symptoms of a dysfunctional system and not the cause of the limited choices we are confronted with every time we enter the voting booth.
When thinking about election reform it is important to consider whether it is possible to create a more representative democracy by trying to "fix" a system that is as arcane as the abacus. Will term limits, so called campaign finance reform, redistricting, electronic voting machines, etc. really usher in an era of multi-party democracy?
In reality, such band aid solutions are unlikely to be more than just cosmetic. The only way to create meaningful democratic reform is to dismantle our outmoded election laws and move to a system of proportional representation (PR).
The superiority of PR
Today only three of the 36 countries with populations over 2 million people -- the United States, Jamaica, and Canada – do not use some form of PR to elect an important representative body of government [2]. Even Brittan uses PR to elect its representatives to the European parliament, and is currently reviewing whether to implement a similar system for its own parliamentary elections. Scotland and Wales, however, already have a jump on the Brits as they started using PR in 1999.
We now have many years of experience in which a large majority of democratic countries have used PR to assess the superiority of this system of voting to plurality and winner-take-all systems. In general PR systems elicit higher voter turnouts, result in greater representation by minorities and women, and are usually more effective at creating governments that are efficient and likely to follow through on campaign promises [3].
This is no accident. By guaranteeing that the number of seats a party is accorded reflects its popular support, PR provides incentives for politicians to cooperate with other parties in order to govern. Part of that cooperation involves providing undistorted information on issues, in order to build coalitions for enacting new policies. This is quite different from WTA systems where incentives to remain in power lead to obfuscation and negative rhetoric.
More importantly, PR promotes better communication on issues by political leaders to the electorate by reducing the cost to their party of providing alternative positions on salient policies. Once voters understand the broader implications of a policy decision, political parties can gain coalition support by pointing out how their view is likely to improve society if enacted.
In contrast, under WTA systems the ruling party is expected to implement its programs as if supported by the majority of the people, rather than build broad-based support for needed, but controversial, reform [3]. They know that the minority party has nothing to gain by co-operating and in fact their political interest lies in denouncing unpopular policies (typically by exaggerating their effects). Overall, this leads to a misinformed and increasingly alienated electorate, which is evident by the fact that the U.S. has one of the lowest voter turnouts of any modern democracy.
Is Canada next?
To stem the tide of voter apathy and complaints from the public over the lack of political representation, the Canadian government in 2004 authorized the Law Commission of Canada (LCC) to study the problem and make electoral reform recommendations. The LCC, which advises Parliament on issues of law and governance, concluded that Canada should adopt a mixed member PR electoral system (see below) [4]. Their conclusions have sent shock waves through the Canadian political establishment.
According to Nathalie Des Rosiers, president of the LCC, a change in Canada’s electoral system is badly needed. “It is necessary because the country's system no longer responds well to a society that wants more consultation, that wants to participate more in decisions, that is not as interested in an authoritarian form of government as much as seeing Parliament express the diversity of ideas in Canada," she stated after the release of the LCC report.
Larry Gordon, executive director for Fair Vote Canada, said he was stunned and very heartened upon hearing the repot to see a no-holds-barred statement that the current election system has to go. "When you have every vote count -- and that's what proportional representation does -- it changes everything," he stated. "It changes politics, it changes parties, it changes the nature of government, all for the better" [4].
While the next move is up to the Canadian federal government, many provinces are not waiting for Ottawa to make up its mind. Instead they are preparing their own referendums on PR for the 2005 general election [5]. Should Canada go to a PR system, the United States and Jamaica would be the last bastions of plurality voting among the larger “democratic” counties.
Can activism act as a surrogate for represnetation?
Government formed under a winner-take-all system can be correctly assessed as inaccessible to the masses, unaccountable, and as having too great a degree of power concentrated in the hands of a few elites. Consequently, the majority of Americans who feel disenfranchised have no other option but to turn to some form of political activism if they want to influence policy decisions.
In the U.S., there is a long history of activist movements, from the Boston Tea Party to the recent anti-Iraq war protests, each having varying degrees of success in influencing political policy. However, as power has become more centralized in recent times (through corporate financing and media control of information), the government has become less and less concerned with these movements. Since activist rarely focus on the unfairness of the election system that has driven them into the streets in the first place, one must wonder at what point people will begin to see this exercise as a futile.
There are several problems with relying solely on activism to change government policies. First, activist are easily marginalized (or ignored) except when their cause can be co-opted to further the agenda of one of the major parities. Second, activism actually helps legitimize the two-party system by giving the appearance of democracy even though activist themselves have almost no power to effect change. Third, activism requires a lot of energy, free time, and patients, as the government is only likely to react to citizen's concerns once there is a large critical mass of support (which can take a long time to build). Finally, activism (by necessity) is generally reactionary in nature, concerned mostly with stopping the latest perceived evil perpetuated by the government, instead of working proactively to create new policy directives.
Most studies on political activism show that the primary motivating factor for such actions (especially in the U.S.) is the desire to advert political threats – whether they are threats to one’s self-interest, one’s well being, or one’s political interests [6]. Thus, Libertarians, small business owners, Greens and anti-war activist are motivated to take action by the same self-preservating force.
Recognizing there is a command psychology that motivates many of us to take political action, we must begin to unite forces (regardless of our political beliefs) to bring about change in our electoral system. By working together to educate the public about PR and by pressuring the government to democratize our voting system, the hope that one day we can become proactive voices for change, rather than loss voices out in the streets, may one day become a reality.
A Strategy for America -- Mixed Member PR
The simplest way to establish a representative voting system in the United States would be to implement a “Mixed Member Proportional Representation (MMPR) system. Such countries as Germany, Scotland, and New Zealand favor this system of voting, and it is currently the method recommended by the LCC in Canada. The concept of MMPR is simple and could be applied to any office in which representatives are elected from districts proportioned by population size (which rules out the Senate, but that’s a topic for another article).
To picture how MMPR works, imagine a statewide race in which there are 50 legislative districts represented by 100 legislators. Citizens cast two votes when the go to the polls, an electorate vote and a party vote. The electorate vote is for the candidate they want to represent them in the district, while the party vote is for the political party that they believe represents their values in the legislature. Thus, 50 of the legislators gain office using a winner-take-all system while the other 50 are chosen according to the proportion of votes each party receives statewide.
For example assume in the electorate vote the Donkey Party wins 30 district seats and the Elephant Party wins the other 20, while the party vote shows the Donkey Party is supported by 45% of the voters, the Elephant party by 30%, the Watermelon Party by 20% and the Free-For-All party by 5%. Since the Donkey Party won 30 district races, they are allowed to add 15 more candidates from their “party list” (which is published in advance), giving them 45% of the seats in the legislature. The Elephant party is allowed to add 10 candidates from its list (giving them 30% of the seats), the Watermelon gets to add 20 candidates and the Free-for-All Party gets to add 5 candidates (for a pictorial example see New Zealand’s MMPR system).
While there are several other types of PR voting, instituting a MMPR electoral system has several advantages:
1. It is relatively easy for voters to switch from a WTA to a MMPR system. They simply vote for the local candidate of their choice (as they do now), and then vote for a party they support.
2. MMPR still allows voters to elect representatives from their district who are accountable to the people in that district.
3. Voters who live in gerrymandered districts (i.e. most of us) would know that their ballot makes a difference to the final results, regardless of who wins in their district. Votes for third party candidates would no longer be seen as “wasted votes” as they would count towards electing at-large candidates.
Making it happen
By changing to a proportional representation system, government accountability would be greatly enhanced, as would the opportunity for greater representation of all U.S. citizens.
With voter turnout continuing to fall and the two major parties morphing more and more into a single entity, now is the time for disenfranchised citizens from all across the political spectrum to unite. If we are to change our outmoded voting system we are going to have to educate the public and put pressure on the government through lobbying efforts and ballot initiatives.
Our government will not act to change our electoral system until there is enough outcry from the citizenry they are suppose to represent. In New Zealand, reform was fueled by a decade of popular dissent that culminated in a national referendum in 1993. Fifty-four per cent of the voting public supported a switch from a WTA type system to Mixed-Member PR. It is unlikely that the New Zealand government would have acquiesced without this kind of pressure and we can expect the same here.
Fortunately, there is already a large number of organizations in the United states working towards implementing PR voting including The Center for Voting and Democracy, Citizens in Charge, and The PR Library. Third parties that are involved in election reform include American Reform, Green, Libertarian, New, Natural Law, and Reform (among others). There are also numerous state organizations trying to educate the public on PR.
Without changing our voting system, we are condemned to support a system that only allows the majority of voters to choose between the lesser of two evils. Now is the time for us to unite under one banner (regardless of political belief) to create a voting system that is in step with the 21st century.
References
[1] Voting Counts: electoral reform in Canada. Published by the Law Commission of Canada. http://www.lcc.gc.ca/en/themes/gr/er/er_report/er_report_toc.asp
[2] Robert Richie and Steven Hill. 1998. The Case for Proportional Representation. Boston Review
[3] Miller, H. 1997. The case for proportional representation. Policy Options, November, pages 6-9.
[4] Panel to recommend proportional voting, by John Ibbitson. Globe and Mail, Feb. 2 2004.
[5] The Citizen’s Assembly on Election Reform in British Columbia, by Chris Mackenzie. Published in Informed, issue No. 5
[6] Brader, Ted. 2002. “Rallies or Retreats, Brainwash or Backlash? The Political Psychology of Threat and Fear.” Manuscript presented at the 98th Annual Meeting of the American Political Science Association, Boston, MA.
Posted by Forrest Hill at April 14, 2004 01:20 AMThank you for such a refeshing, well-argued and presented thesis on something meaningful and not repetitive. These are the kind of posts that are invigorating to read and leave one filled with hope about the future of our nation, not the posts about the latest politicking in Washington or news reports of the updated death count in Iraq.
You’re right that our WTA system needs to go, and that the PR system will find support from all sorts of third parties and underrepresented minorities. However, you also point out that
“…activism (by necessity) is generally reactionary in nature, concerned mostly with stopping the latest perceived evil perpetuated by the government, instead of working proactively to create new policy directives.”
This is going to be an overwhelmingly uphill battle, and there is no burr as yet in the hide of activists to unite in the way that would clearly be needed. What are your thoughts on where we can find a catalyst capable of creating the drive needed to effect this kind of change?
Posted by: Eric at April 14, 2004 08:08 AMMy initial response was that this change would require a Constitutional amendment, but I took another look at the Constitution, and it really doesn’t say how the representatives are elected; it just specifies the number of representatives per state.
Article I Section 4 says this:
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
I’m not a constitutional expert, but it seems this is saying that individual states could move to MMPR, or Congress could impose it on the states.
The whole thing sounds like a good idea to me!
Posted by: LawnBoy at April 14, 2004 10:05 AMOne of the best reviews and analysis of an American political issue I have seen on WatchBlog. Of course I agree with PR’s benefits outweighing those of the WTA. Keep up the good work, Forrest.
Posted by: David R Remer at April 14, 2004 10:33 AMI agree with the other comments — excellent article.
Thanks for the information Forrest. Very enlightening.
I have one thought though. Is England better off politically? Is their govenment more rational? Is it more representative and responsive? It seems they have similar problems with corporate influence.
While people wring their hands over the politics here, I’m not at all convinced of the inferiority of this system.
Unfortunately in a Capitalist country, Money means power and influence. In fact, it does in a Socialist country, too.
Posted by: Greg at April 14, 2004 05:16 PMHi Greg,
Britain still elects it parliament using a first-past-the-post system (which is just a variant on WTA), so they have not moved to a PR system yet for parliamentary elections (which is probably why, as you say, corporate influence plays such an important role).
Britain only recently introduced PR voting to elect representatives to the EU. This has already resulted in two minor parties gaining seats, the Green Party and the UKIP (interestingly enough a Conservative Party that supports England’s withdraw from the EU). As I tried to point out in the article, PR does not mean that only progressives will have more of voice in government, but everyone.
As far as corporate influence, even under a PR voting system they could have a large influence on the outcome, although I think this influence would decrease with time. While I believe we need to work to put limits on corporate funding, I think we are putting the “cart before the horse” by focusing exclusively on this issue instead of changing the system that allows corporate funding to be so pervasive in the first place.
It would be interesting to know what affect PR has on the role of corporations in elections. There are a number of PR systems that have been around for 50 or more years. I will try to see what info is available….
Best—
Forrest
It actually does ring true to my ears as well, we do in fact have in the US a surprisingly unresponsive,hyper responsive and nationally out of touch body of legislators. It is unhelpfully partisan and lacks the resources to gainfully build the right grassroots means by which our interests can be met. It is monetarily geared and antiquatedly inefficient.
Perhaps several congresses to deal with various sectors effectively or
A means by which all strata of society can actually be represented and heard without special interest moneys being the door-wedge.
Posted by: redo at April 14, 2004 08:00 PMIt is impossible to take the money factor out of political campaigning because even a blog like this, if it leaned a certain way, could be funded to the hilt by interests agreeing with it, and wouldn’t necessarily fall under the regulations of contributions to specific campaigns. The recent campaign finance reforms aren’t perfect, but I think they’re as close as they can be made to be, and still have freedom of speech. Money is also a balancing power against the natural tendancy of direct democracies to devolve into systems whereby the masses vote themselves plunder from those wealthier than them. In a way it’s “two wolves and a sheep deciding what’s for dinner, but the sheep has two taser guns.” Taking money out of the political process would be removing the taser guns.
On the other hand, one area where money can and should be surgically removed from the process is the legal system. Defense attorneys should ALL be “public defenders”, on the payroll of the court. Civil litigation counsel should as well—rather than get a cut of the winnings on frivolous lawsuits, they get their salaries whether they win or lose (but would still have the ethical requirement to represent their client as well as they can).
The wealthy would not have recourse to the best and the brightest counsel in the way they currently use to make themselves “more above the law” than the common citizen. That in and of itself should enact some very substantive changes for the better in day-to-day life in America.
I agree, Ciggy, we need to take the money out of the legal system but you have to remember that money is still and always will be an incentive for those lawyers to do their best on each and every case, because it is something for them to gain. It’s true that the best and most clever lawyers often become rich and charge fees ordinary people cannot afford. On the other hand, if you take away the ability of those lawyers to be rewarded for their efforts, you have to consider that they simply will not try as hard or may even leave for a new job that has the potential of greater monetary reward. And an “ethical responsibility” to their clients will not offset this entirely.
Not to mention, how do you propose to fund this exactly? There are around half a million practicing lawyers in the US, and you propose to put most of them on the payroll of local or state governments. Given the funding crisis facing many states (i.e. California recently), that money would likely have to come out of a new “lawyer tax” of some sort. Is all this really possible?
Rather than forcing lawyers to work for the court, what about putting some sort of fee caps on their services? These could be similar to the campaign finance reforms you speak highly of. In this way, lawyers would still have an incentive to do their best and ensure they get paid, but it would reduce those ridiculous fees the top lawyers charge to something more people (if still not all) could afford.
Posted by: Eric at April 15, 2004 05:40 AMEric, I respect where you’re coming from regarding lawyers, because I do understand that profit motive is the prime “motive that works” in any human system, but selling justice to the highest bidder in a capitalistic way is not in the best interest of any society. You will end up with rich pedophiles and rich murderers getting away with what they do because they have money. Take a look at OJ, John Ramsey, Michael Jackson, Kobe Bryant, the Kennedys, et al. Is it a GOOD thing that they walked (or will walk in Bryant and Jackson’s cases) on technicalities a normal public defender would not know how to secure for them? The message is, if you earn enough money you will be above the law, period.
If you set a cap on what lawyers could charge, you are de facto making them public defenders but leaving them in private practice. You end up with just as little profit motive for them in that situation as what there would be if there were a simplified, uniform approach to defense and civil litigation counsel. What I don’t like about it is that it implies that the only way to legitimize the legal system is by maintaining a capitalistic imprimatur on the process, so that there’s the appearance of justice being for sale to the highest bidder without the actual reality of it. I say, why bother with that? Justice shouldn’t be bartered around like widgets made in a factory, and it shouldn’t have to *appear* that they are, either.
Public defenders DO get paid. If there are issues with that level of compensation, they can get on a picket line just like teachers, public transportation workers, etc., and let them answer to taxpayers why they think they deserve more money.
Posted by: Ciggy at April 15, 2004 09:18 AMYou’re right, and I agree with you about the profit motive issue. But what you’re calling for is a huge increase in funding to fix a system that, despite obvious corruption, already works decently in the majority of cases. I just don’t see taxpayers in any state except for possibly very liberal strongholds being willing to support that kind of new spending. Not to mention a lot of very rich lawyers that are going to be more than a little annoyed with you. While I think converting all lawyers to public defenders or the like would be ideal, something like fee caps might be more practical. Maybe there is a third or fourth way to accomplish this goal that I just can’t see with my limited knowledge of the justice system, or a better way to pay for more public defenders.
Posted by: Eric at April 15, 2004 10:22 AMEric, I don’t think an induction of private practice attorneys into court-run organizations would be a gigantic impact on statewide economies, although they would be somewhat of a bitter pill for the attorneys themselves to swallow. They will lobby against it, of course. They will fight tooth and nail. And they will make known, clearly, that it’s THEM against the citizenry and the voting public. That sort of a battle will underscore the need to bring them under a court-administered wing; it will make it obvious that letting them run fast and loose over the law never was a good idea to begin with. Many will face disbarrment and have to get real jobs. Boo hoo. Maybe Johnnie Cochran will see how the rest of us live for a while.
Funding the increased pool of public defenders would be a matter of increased fine amounts, and increased bail charges, mostly, but yes, it might also be a matter of breaking the glass on the forbidden “t-word”.
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