Skip to content
Search

Latest Stories

Top Stories

It's time to write a new social contract

It's time to write a new social contract

Frazier, a student at the University of California, Berkeley School of Law, runs The Oregon Way, a nonpartisan blog.


Our social contract is broken. Under the contract's terms, "consent at the ballot box confers both democratic credentials and democratic legitimacy," as described by Hélène Landemore in her book "Open Democracy." The contract breaches are numerous and obvious.

The first breach: democratic credentials. Have you ever stopped to wonder how a member of Congress can claim to represent all 747,000 (more of less) of their constituents? Even in the best-case scenario, in a district that hasn't been gerrymandered and in a place with high voter turnout, the member will have only received direct electoral support from a small fraction of the whole eligible electorate. For Landemore (and the rest of us) that begs the question: "How can the authorization of some, even a large majority, confer the authorization of all?"

The second breach: democratic legitimacy. Under our current electoral framework and contract, there's an assumption that simply by virtue of being a member of the public you've consented to the winner of an election representing your views, speaking on your behalf, wielding your sovereign power. Increasingly, though, that concept of hypothetical consent rings hollow; in the words of Landemore, "hypothetical consent is, simply put, no consent at all."

For democratic legitimacy to exist the representative, per Hanna Pitkin, "must (1) be authorized to act; (2) act in a way that promotes the interests of the represented; and (3) be accountable to the represented." Our current elections clearly don't confer this sort of legitimacy. First, only a small segment participates in "authorizing" the representative to act by participating in elections. Second, our elected officials are frequently forced, predominately by special interests, to act counter to the interests of those they claim to represent. Third, our elections, due to lack of participation and excessive influence of partisan and monied entities, are a poor means of holding officials accountable.

How, then, can and should we rewrite the contract? The answer isn't direct democracy, which is "always at risk of being hijacked by individuals with time, money, and intense preferences," per Landemore. Nor is the answer as simple as taking money out of politics, or some variant of a plea for marginal changes to our current system. At a minimum, we need to adopt reforms capable of establishing democratic credentials and democratic legitimacy.

A transition to proportional representation is the easiest (though admittedly difficult) step to take to realize democratic credentials and legitimacy. If the social contract really has been breached, then this reform has the chance to restore the bonds between we the people and our elected representatives. As outlined by Lee Drutman, proportional representation could work by electing the top three voter-getters in each congressional district.

On democratic credentials, the election of more representatives would provide the election winners with a much sturdier democratic credential to act on the behalf of their (effectively fewer) constituents. On democratic legitimacy, proposal would (1) permit House members more authority to act by virtue of fewer voters feeling as though they had not provided their consent for that representative to act; (2) make it easier for representatives to act in the interest of the specific voters that elected them; (3) increase the ability of voters to hold their officials accountable through more competitive elections and a greater capacity to monitor the fidelity of the official to their interests.

Proportional representation is not a wild step; in fact, a move to proportional representation would bring the United States into alignment with most democracies. Some, such as Drutman, even argue that proportional representation would allow Congress to get back to its Golden Era (roughly 1950-70), in which both the Democrats and Republicans contained conservative and liberal factions — thus effectively creating a four-party system in which cross-partisan compromises were possible.

The people, as sovereigns, should demand more from their social contract. The current terms have woefully fallen short of the aspirations of the people. Decades of underperformance justify the meaningful consideration of a new approach. Proportional representation is the most tenable approach that sufficiently warrants the people entrusting their power to their representatives.

Read More

Just the Facts: Trump Signs ‘Big Beautiful Bill’

U.S. President Donald Trump, joined by first lady Melania Trump, delivers remarks during an Independence Day military family picnic on the South Lawn of the White House on July 04, 2025 in Washington, DC. At the picnic President Trump signed the One, Big Beautiful Bill Act into law.

Photo by Samuel Corum/Getty Images

Just the Facts: Trump Signs ‘Big Beautiful Bill’

Washington — With pomp and circumstance, President Donald Trump signed the "big, beautiful bill" on Friday at an Independence Day ceremony at the White House.

“We made promises, and it’s really promises made, promises kept, and we’ve kept them,” Trump said. “This is a triumph of democracy on the birthday of democracy. And I have to say, the people are happy.”

Keep ReadingShow less
Tax Changes in the Federal Budget Bill Are a Disaster for Many American Families

A family together in their kitchen.

Getty Images, The Good Brigade

Tax Changes in the Federal Budget Bill Are a Disaster for Many American Families

Anyone raising children in the U.S. knows that it’s expensive. Many jobs – especially the service jobs that do essential work caring for our children and elders, bringing us food, cleaning our office buildings, and so much more – don’t pay enough to cover basic needs. From rising grocery costs to unaffordable housing, it’s becoming harder and harder for American families to make ends meet.

Unfortunately, if our leaders don’t step up, it will soon get even more difficult for families. That’s because the budget reconciliation bill passed by the U.S. Senate on Tuesday, now under consideration by the House of Representatives, includes critical tax changes that will leave many children, their families, and, ultimately, our communities in the lurch.

Keep ReadingShow less
People meeting with advisor, caseworker. Paperwork. Meeting.

Congress should recognize that caseworkers are subject-matter experts and put their knowledge to use.

Getty Images, Fotografía de eLuVe

Fixing Congressional Oversight Starts With Caseworkers

Congress writes laws but rarely follows up on how they are implemented. When things inevitably go wrong, it passes the buck to agencies, which often hire consultants to investigate the problem at great expense. However, Congress could do the job itself for free. Congress already employs a cadre of staff that knows the gory details of government programs—namely, caseworkers.

Caseworkers are staff employed by members of Congress to help their constituents navigate the federal bureaucracy. When the public has problems with federal agencies—everything from mishandled disability applications to poor postal service—caseworkers are the go-between to sort things out. In helping the public, caseworkers learn how the implementation of government programs can go awry.

Keep ReadingShow less
As DOE Redirects Funding for Puerto Rico’s Rooftop Solar, Experts Say the Change Could Strengthen Gas Systems

View of the LNG Terminal in San Juan, where most of Puerto Rico's natural gas resources are shipped to. The island currently imports 85% of its energy resources.

As DOE Redirects Funding for Puerto Rico’s Rooftop Solar, Experts Say the Change Could Strengthen Gas Systems

When President Biden first announced $1 billion in funding to install rooftop solar in Puerto Rico’s vulnerable communities two years ago, many Puerto Ricans felt it was cause for celebration. Federal officials have long sought to support rooftop solar in Puerto Rico, which could help the island's unstable energy grid become more energy-independent.

But under the leadership of President Trump — and with support from Puerto Rico’s newly elected governor, Jenniffer Gonzalez-Colòn — these federal dollars could end up going toward the island’s gas-heavy grid rather than renewable energy efforts.

Keep ReadingShow less