The Senate election results in Georgia have Democrats dancing in the streets and democracy advocates cheering another seemingly successful high stress election. Turnout was extraordinary for a runoff, election officials performed efficiently, and fears of conflict and voter intimidation proved unfounded.
But there could be trouble ahead. Jon Ossoff and Raphael Warnock will not officially become senators, and cannot swing control of Congress to their party, until they are seated by the Senate. That normally mechanical procedure could become the next round in our never-ending partisan dogfight.
If either Republican candidate contests the results — as President Trump and his allies will surely insist — it will not be Georgia's stalwart secretary of state, Brad Raffensperger, with the last word on who won. Nor will it be the Georgia Supreme Court, or even the U.S. Supreme Court.
The "Judge of the election of ... members" of the Senate, according to the Constitution, is the Senate itself.
For the vast majority of elections to both the House and Senate, this quirk — let's be more honest, this flaw — in our founding document does not pose a problem. Normally, with losers having conceded, the House and Senate dispense with a vote and permit the state-certified winners to take their seats.
But little else has happened normally this year, and with control of the Senate in the balance and Mitch McConnell still in charge, we should not be surprised if another challenge to our democracy is ahead.
McConnell did try to protect the Electoral College count from objections, but he did so less on principle than to avoid politically difficult votes for his caucus. At least for the election between Ossoff and David Perdue, the closer of the two on Tuesday, there are certain to be GOP claims asserting Perdue's victory. McConnell will be tempted to call for the Senate to investigate before seating a winner — which would mean depriving himself of the gavel.
In a parallel situation from 23 years ago, the GOP-controlled Senate seated the state-certified winner in Louisiana, Democrat Mary Landrieu, even as an investigation dragged on for months before affirming her 5,000-vote victory. By that precedent, McConnell should arrange for a vote to seat Ossoff and Warnock as soon as their victories are certified.
Maybe the terrible events at the Capitol on Wednesday will bring a stop to such brinkmanship, but it should not be surprising if McConnell again ignores a precedent that interferes with his exercise of power.
Adding to the complexity are at least two contested elections where legislative bodies are playing a role. In Pennsylvania, the GOP-controlled General Assembly is refusing to seat the state-certified Democratic winner of a close state Senate election until a legal challenge is completed.
In the House, Speaker Nancy Pelosi has agreed that the House Administration Committee will investigate the claims of Democrat Rita Hart, who is asking the House to use its constitutional prerogative to overturn her loss in Iowa's 2nd District. Pending the outcome, the House has seated her Republican opponent, Mariannette Miller-Meeks, certified by the state as the winner by a scant 6 votes.
The most legendarily bitter incident of the House using this power was 35 years ago. The Democratic majority voted to seat one of their own, Frank McCloskey of Indiana, after the state certified the winner as Republican challenger Richard McIntyre. Selective acceptance of evidence by the majority-run panel that investigated the dispute produced a four-vote McCloskey margin and led to a Republican walkout in protest. Subsequent investigations by journalists made clear McCloskey should not have been declared the winner.
Pelosi should take steps to avoid that kind of outcome in the Iowa contest — and to set a model for any Senate investigation of the Georgia elections. The House Administration Committee has seven Democrats and three Republicans, so Pelosi should see to it that a subcommittee with equal representation of both parties is given charge of the investigation. If the panel deadlocks, the victory for Republican Miller-Meeks as certified by the state should remain in force.
Doing so would put pressure on McConnell to conduct any Senate investigation in a similar bipartisan manner. And the Senate should follow both its own precedent and the House's approach to Miller-Meeks and promptly seat the state-certified winners from Georgia pending any investigation.
More broadly, there are lessons here from the fact that our Founders gave Congress judgment over the election of its own members. Writers of a constitution today would not take that path because of the clear conflict of interest and risk of abuse by the party with legislative control.
At the beginning of the world's long democracy learning curve, the Founders naively believed parties could be kept out of governing institutions, and they failed to anticipate how a political party could use this and other ways of controlling elections to keep itself in power.
France provides an instructive comparison. Its earlier constitutions followed the American example and gave its legislature the right to judge elections, which led to abuses. France's current Constitution, ratified in 1958, ended that practice and established a Constitutional Court as the definitive source of judgment on all national elections.
Our courts have moved over time to something of a similar role, but inconsistently and incompletely. Here as elsewhere our antiquated system is very vulnerable to the partisan will to hold power. That leaves us to hope that Senate Republicans improve on their track record and do the right thing.
Children watch a July Fourth Parade along the Walkway of Heroes and Independence Avenue on July 04, 2026 in Tappan, New York.
The Great American Grumpfest
Our nation’s 250th birthday party didn’t feel especially patriotic and wasn’t as much fun as the 200th anniversary was.
President Trump, who did his best to co-opt our holiday for his personal aggrandizement, was a major reason. The party he threw in Washington, D.C., was crankier than uplifting, and less about celebrating our shared past and a promising future than about reminding us how far we have strayed from our founders’ plan to create a republic that future Americans would keep in good working order.
Credit Trump this much. He has a singular gift for picking at scabs that other politicians would rather ignore and pushing us into reckonings we don’t need.
The thing is, Americans have seen all this before. Sometimes the makeover we were encouraged to undertake was more conservative, sometimes more liberal. Whatever direction we were pushing, however, the reckoning we had in mind this time had to be more forthright and the conclusion more definitive than it was the last time.
Our current discontents, the ones behind the reckoning President Trump has been trying to inspire, are not trivial. Included among them are immigration, birthright citizenship, exploding healthcare costs, election rigging, a gag-inducing national debt, how we educate our children, too many genders, racial differences we can’t move past, a lopsided economy that favors more well-off Americans, and historic levels of political corruption and graft. Add to these the several foreign adventures he has pushed us into or is anxious to undertake, and you have the makings of a national headache the likes of which we haven’t had in half a century.
All the elbow-throwing and overheated rhetoric we’re using today have begun to look almost normal in all the ways that bickering neighbors and feuding family members appear normal. But they have also made us look mean-spirited and have portrayed our differences as irreconcilable. To ourselves, of course, but also to many people outside the United States who might be forgiven for turning their heads and not looking at the national car wreck we Americans show no interest in avoiding.
The good news, as I suggested above, is that Americans have had a great deal of practice dealing with challenges and national car wrecks like these.
This essay begins to lay out the reasons why.
By way of illustration, we have our seemingly insatiable demand for more bad news about race in America.
Sixty years after being released from the legal constrictions that bedeviled both white and black Americans, many white people have come to believe the color that used to make them unassailable is now a sign of a moral inferiority born of a racial animus they can never wash off. Many black people, on the other hand, are insisting that America is as hopelessly stacked against them as the formerly unassailable white people’s ancestors used to tell their black ones.
The result is that many people today are buying into racist nightmares and mumbo jumbo that their black and white ancestors worked hard and effectively to put in each other’s heads.
This might be dismissed as crazy behavior if it weren’t so important to rituals Americans have long used to express their deepest fears about each other while figuring out what move they can make that won’t end with their world crashing down on everybody’s head.
Unfortunately, the kind of cultural sleight of hand we have used to ramp up our racial differences has been appropriated by people who have many other cultural fears and unresolved differences with each other. Their clumsy but culturally prescribed missteps are making all these other issues look as irremediable as our racial problems.
A good place to start an answer to how we back away from ledges is Alexis de Tocqueville’s writing on early-19th-century American democracy. He had an optimistic take on Americans’ unscripted displays of public bravado, recrimination, and payback.
For him, these were occasions when people tried to mitigate the effects of the unfair hand they were dealing someone else or had themselves been dealt by behaving in ways quite at odds with how they would otherwise be expected to act. These inversions of what Tocqueville called “the natural order of conscience” presented themselves as a loud but culturally muted challenge to the hypocrisies that people had built into the world they’d made together.
One of his favorite illustrations of early-American hypocrisy involved slave masters sleeping with their less-than-worthy slaves. To the best of my knowledge, he didn’t pick up on all the ways that slaves messed with their owners. Their well-chronicled and quiet resistance showed that even severely ill-treated people can exercise more control over their lives than outsiders appreciate.
Be that as it may, such inversions of a people’s “natural order of conscience” make a good public show of them wrestling with demons they can’t or may not want to shake off, but in any case, are nowhere close to figuring out how to cast out.
Implicit in these disruptions was the discomforting idea that people might flip the entire script and turn the world on its head in more permanent ways. That kind of flipping worked out better for us in our revolution against England than in our Civil War. These events taught us the value of stepping back from historically unprecedented ledges.
Americans of late have been giving loud expression to a long list of things they don’t like about each other and the last makeover they started but didn’t finish a half-century ago. The outcome of our fights today will be as revealing as they are embarrassing to everyone who imagined they could recast our country in a way that privileged their favorite kind of Americans.
Their disappointment with the accommodations they strike will be palpable, but the middling results they achieve with all their pushing and shoving won’t be anything they can’t live with.
Anthropologists who have written about such moments in other cultures less “advanced” than our own show that people find ways to work around their seemingly irreconcilable differences without ever fully resolving them. Indeed, the patches and repairs people make have the unheralded effect of reinforcing rather than undermining the legitimacy of the practices and values they thought were fundamentally flawed.
For example…
White guilt and black pessimism do more good than putting cash into the pockets of professional shamers and handwringers. They give the rest of us who don’t feel guilty or powerless more time to make the world less racially unequal. Good news.
Regarding illegal immigration, the entrance requirements for future immigrants will remain stringent. Americans will applaud the continued detention and deportation of the few illegal immigrants who commit serious crimes. Good news.
All the people who came to the United States without being legally vetted and were locked up for a time will be released in numbers small enough to avoid serious media attention. Along with the several million other good people who snuck in but avoided capture, the former detainees will go to school, find gainful employment, pay their taxes, and stay out of trouble. Many will eventually become citizens. Good news.
Investigations into election tampering and Donald Trump’s 2020 presidential loss will come to an unceremonious conclusion the day after his second term ends. Many Americans will grumble about this, but there will also be some quiet partying, too. Good and bad news.
Congressional hearings into all the grifting accomplished by people tied to the Trump administration will end without anyone having to pay a dime back to the American taxpayers. Bad news, we’ll learn to live with.
New laws and regulations will be created in the hope that the kind of corruption practiced by President Trump will not be repeated for another 250 years. Good news, I hope we’ll live long enough to enjoy.
Show trials for people who allegedly vandalized the Lincoln Memorial Reflecting Pool, if they happen, will get big television viewer ratings. Good news.
Trials for pardoned Capitol insurrectionists who committed serious crimes after their release should get more attention, but won’t. Bad news.
We will continue to hear nothing from most of the people who were pardoned for crimes they committed in the insurrection at the Capitol on January 6, 2021. They will keep their mouths shut and their heads down for the rest of their life. Good news.
The gold-gilded ornaments that Donald Trump had plastered all over the White House will be shipped to Mar-a-Lago, where the former president will sell them on eBay. Fun news.
American taxpayers end up paying for most of the new East Wing, the removal of the miniature gladiatorial arena that was built behind the White House, and the restoration of the White House rose garden. Bad news.
The Triumphal Arch was never built. Good news.
Trad wives and gay couples raise perfectly lovely children. Good but unsurprising news.
Trans men and women learn that most Americans can’t figure out who they used to be. No one gives a second thought to their use of “family bathrooms” or “unisex bathrooms” in public settings, businesses, and schools. Communities will sponsor athletic teams that have trans boys and girls just to show they can. Good news.
Budget deficits will be kicked down the road for someone else’s children to pay down. Bad news.
Federal agencies that had their budgets and employee ranks slashed during President Trump’s second term are getting some of the money and lost positions back. Good news.
Elite universities will buy their way out of DEI purgatory by competing for conservative scholars whose inflated salaries dwarf those of their liberal colleagues, who will think about suing their institutions for reverse discrimination but won’t be able to figure out who would pay for it or care. More fun news.
Okay. I’ve probably missed some ways that Americans will step back from the ledges they have been making noises about leaping off. But to the extent that my predictions pan out, the best and most important moral of the stories about us stepping away is this: everything we lost and took back, or had returned to us, will have happened without our government collapsing, civic traditions crumbling, or our people beating each other up.
The reason why is that the differences Americans have with each other really weren’t as irreconcilable as we made them out to be. The empty-sounding bromide that Americans have more that unites us than divides us turns out to be true, not just metaphorically but in fact.
Now that is really something to celebrate.
Daniel J. Monti (danieljmonti.com) is Professor of Sociology at Saint Louis University and the author of American Democracy and Disconsent: Liberalism and Illiberalism in Ferguson, Charlottesville, Black Lives Matter, and the Capitol Insurrection.