Tyranny of the Majority (Vol. 200)

Several states are attempting to gerrymander districts so that there is an imbalance of representation

Our Founders were well versed in philosophy, politics and psychology. They stood on the shoulders of giants and learned from them. They recognized that a pure democracy was not the best government and wrote the Constitution accordingly. Our founding documents, the Declaration of Independence and the Constitution laid out principles that were key and a system of government that was sound and protected the very freedoms for which the War of Independence was fought.

The system that evolved was a constitutional republic with representatives elected by the majority. Powers were separated clearly between the states and the federal government, with limited power in the federal government. Within the federal government, they provided for protection of individual rights with the Bill of Rights which was quickly added to the original Constitution. The purpose of these protections was to insure that the citizens’ rights could not be usurped by the majority. These rights were protected and enforced by the judicial system, one of the three branches of government.

That structure was not accidental. It reflected a sober understanding of human nature. Majorities can be wise, but they can also be impulsive, short sighted, and at times unjust. The Founders designed a system that would temper those impulses. They created checks and balances, divided authority, and embedded safeguards so that temporary political advantage could not easily override enduring principles. It was meant to slow things down, to force deliberation, and to protect the minority from the excesses of the majority.

But now I see some disturbing trends that are eroding these protections. Several states are attempting to fix the outcomes of elections and representations by gerrymandering the districts so that there is an imbalance of representation. For example, Virginia is a state with a small majority of Democrats vs. Republicans, often considered a swing state. But the Democrats who control government at this time want to rearrange the districts so that 10 out of 11 districts will be likely Democratic. And they want to put this to a vote, where majority rules, in democratic tradition.

This should be a concern to all of us who want fair representation. The party in charge of the state at the moment wants to have the majority dictate a completely unrepresentative group representing the state. Virginia is about 55% Democrats, and they want to force by majority vote that the state send 91% Democratic representation to Congress.

That makes no sense and I hope that it is challenged in court and the courts disallow such gerrymandering. They are not the only state to be doing such restructuring, both Republican and Democratic states are doing this. None of this should be occurring. The problem is not confined to one party or one state. It is systemic, and it reflects a broader willingness to manipulate the rules in pursuit of political gain.



President Barack Obama was very much against gerrymandering until it benefitted the Democrats. Now he is campaigning in Virginia to pass this awful practice which he openly, and correctly, railed against in the past. That shift is emblematic of a deeper problem in our politics. Principles are too often abandoned when they become inconvenient. What was once condemned as unfair becomes acceptable when it produces the desired outcome.

Virginians will argue that they are only doing it because some Republican states did it first. That is true and I understand why they are motivated to even the score. If others are going to do things that are inequitable, then we must balance the equation. That logic may be understandable, but it is still wrong. It accelerates a race to the bottom where fairness is sacrificed and public trust is eroded.

They are all wrong, no state should be doing this. This is one time a federal law would be appropriate. All states should play by the same rules, ideally a non-partisan commission to develop the districts and this should be based on geography, not trying to force an answer for either party based on gerrymandered districts. The goal should be representation that reflects the people, not maps that predetermine the outcome.

Bottom Line

Is this tyranny by the majority? I believe it is, and a practice that should be changed to be fair and consistent with all the states. If we continue down this path, we risk hollowing out the very system that has sustained our republic for generations. The Founders gave us a framework designed to protect liberty and promote fairness. It is our responsibility to preserve it, not to manipulate it for short term advantage.