Constitutional law professor Maxwell Stearns discusses the flaws of the two-party system in the US, arguing for a shift to a parliamentary democracy. He explores the impact of social media, gerrymandering, and historical party overlap on political polarization. Stearns advocates for proportional representation and the need for structural reforms to repair America's broken democracy.
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Quick takeaways
The current two-party system in the U.S. undermines democratic foundations and risk dictatorship or collapse, requiring radical reform for survival.
Democratic norms degradation is a systemic issue, not isolated incidents, indicating a deep-rooted crisis demanding immediate attention.
Proposing a shift to a parliamentary democracy with proportional representation and coalition governance to break two-party dominance and enhance political representation.
Deep dives
The Challenge of Two-Party Presidentialism
The podcast delves into the challenges posed by the current two-party presidential system in the United States. With the rise of fundamental problems due to the information age, such as the risk of autocracy or collapse, the guest aims to address the underlying constitutional crisis. Through examining various proposed solutions like term limits and rank choice voting, it becomes evident that a deeper restructuring of the democratic process is needed to avert the crisis.
The Role of Norm Degradation in Democratic Decline
The conversation highlights the concept of norm degradation in democracies, emphasizing that the decline of democratic values and practices can occur insidiously over time. Drawing from historical examples and current events, the guest argues that the erosion of democratic norms and the steady degradation of democratic principles are indicative of a systemic crisis rather than isolated events. By exploring the underlying causes of this degradation, the podcast emphasizes the importance of recognizing and addressing the long-standing issues within the democratic framework.
Redesigning Democracy through Proportional Representation and Coalition Governance
The podcast introduces a novel approach to redesigning the democratic process, drawing inspiration from parliamentary systems observed in countries like Germany. By advocating for proportional representation and coalition governance, the guest proposes a model that empowers voters to express their policy preferences more effectively. This shift aims to create a multi-party democracy that fosters better representation, responsiveness, and governmental stability. Through analyzing comparative systems worldwide, the podcast argues for a revamped approach to democracy to address the challenges facing the current political landscape.
German System of Mixed-Member Proportionality
Germany's mixed-member proportionality system allows voters to cast two ballots, one for a district representative and the other for a party, aiming to achieve good enough proportionality. Unlike the German system that focuses on perfect party proportionality leading to an inflated Bundestag, this proposal suggests doubling representatives in the U.S. House to ensure stability and break the two-party dominance.
Shifting to a Multi-Party System in the U.S.
The proposal advocates for a four to eight-party system in the U.S. to foster multi-party governance and coalition governments. By allowing up to five parties to negotiate forming a majority coalition in the House of Representatives, the initiative seeks to break the hyper-partisan two-party structure and create a more diverse and functional political landscape, easing the path for transitional and grand coalitions among varied political factions within the country.
Looking ahead to the 2024 election, most Americans sense that something is deeply wrong with our democracy. We face extreme polarization, increasingly problematic candidates, and a government that can barely function, let alone address urgent challenges. Maxwell Stearns has been a constitutional law professor for over 30 years. He argues that our politics are not merely dysfunctional. Our constitutional system is broken. And without radical reform, the U.S. risks collapse or dictatorship.
The Framers never intended a two-party system. In fact, they feared entrenched political parties and mistakenly believed they had designed a scheme that avoided them. And yet the structures they created paved the way for our entrenched two-party system. that now undermines our basic constitutional structures, with separation of powers and checks and balances yielding to hyper-partisan loyalties. Rather than compromises arising from shifting coalitions, we experience ever-widening policy swings in increasingly combative elections. This two-party stranglehold on our politics is exactly what the Framers feared.
To survive as a democracy, we must end the two-party deadlock and introduce more political parties. But viable third parties are a pipe dream in our system given the current rules of the game. Stearns argues that we must change the rules, amend the Constitution, and transform America into a parliamentary democracy.
Although difficult to do, Stearns explains why his specific set of proposals is more politically viable than other increasingly prominent reform proposals, which cannot be enacted, will not end our constitutional crisis, or both.
Maxwell L. Stearns is the Venable, Baetjer & Howard Professor of Law at the University of Maryland Carey School of Law. He has authored dozens of articles and several books on the Constitution, the Supreme Court, and the economic analysis of law.
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