Skip to content
Search

Latest Stories

Follow Us:
Top Stories

From Gerrymandering to Threats Faith in Democracy and Constitutional Erosion

Opinion

From Gerrymandering to Threats Faith in Democracy and Constitutional Erosion

U.S. Constitution

Douglas Sacha/Getty Images

Many Americans have lost faith in the basic principles and form of the Constitutional Republic, as set forth by the Founders. People are abandoning Democratic ideals to create systems that multiply offenses against Constitutional safeguards, materializing in book banning, speech-restricting, and recent attempts to enact gerrymandering that dilutes the votes of “political opponents.” This represents Democratic erosion and a trend that endangers Constitutional checks and representative governance.

First, the recent gerrymandering, legal precedent, and founding principles should be reexamined, specifically, around the idea that our Founders did not predict this type of partisan map-drawing.


In Rucho v. Common Cause, in 2018, the Supreme Court deliberated on political redistricting, taking two cases: a challenge to Republican drawn Congressional maps in North Carolina, and Democratically drawn maps in Maryland. A Republican legislator stated that he thought “electing Republicans [was] better than electing Democrats,” and, for that reason, he drew the map to weaken the Democratic vote. In the North Carolina case, the mayor consulted a self-described “serial-gerrymanderer,” and has since testified that the commission drew the maps to flip a longtime Republican district.

However, the Court ruled that partisan gerrymandering was not justiciable —that such complaints were not within the purview of judicial remedy —and that this power had been reserved to Congress and the state legislatures. The court cited a debate at the Constitutional Convention, in which Madison argued for the control of Congress to “make or alter” these maps:

[T]he State Legislatures will sometimes fail… Whenever the State Legislatures have a favorite measure to carry, they would take care so to mould their regulations as to favor the candidates they wished to succeed.

The ruling also highlighted state-level solutions, such as legislatures establishing independent redistricting commissions. The passage of Proposition 50, which suspends California’s independent commission, indicates that these are some of the Democratic checks voters no longer trust.

In a poll by the PRRI, 48 percent of Republicans and 29 percent of Democrats agreed with the statement that “Because things have gotten so far off track in this country, we need a leader who is willing to break some rules if that’s what it takes to set things right.” This is consistent with Governor Newsom’s messaging of “fighting fire with fire.”

In a PEW Research poll, 32 percent of Americans say “rule by a strong leader or the military, would be a good way of governing.” This belief is translating to Undemocratic policy. For one, Trump signed EO 14190 “Ending Radical Indoctrination in K-12 Schooling.” Under this executive order, The Handmaid’s Tale, books about Roe v. Wade and abortion, Brave New World, many books about mental health, including Thirteen Reasons Why and The Lovely Bones, Dunbar-Ortiz’s An Indigenous Peoples' History, the autobiography of Fredrick-Douglass, and What Were the Negro Leagues have been banned from school libraries and curricula. On the other side, leaders like Gavin Newsom have passed laws protecting books about LGBTQ+ and racial achievements, but have allowed districts to ban material with perceived, racially harmful language; the Burbank school district has banned Huckleberry Finn, Of Mice and Men, Roll of Thunder, and Hear My Cry because of “alleged potential harm” to black students.

Trump deploying the national guard, state legislatures passing laws that prohibit hate speech (i.e., Connecticut), and banning the burning of flags are additional examples of the increasing bipartisan support for leaders who exercise unjust and unconstitutional powers. In the same PRRI poll, mentioned above, 23 percent stated their belief that “true American patriots may have to resort to violence to save our country.”

This mind for political violence takes on a new light after the recent election of Jay Jones to AG of Virginia. In private texts with his colleague, Jones stated that he hoped the children of his political opponent would die in their mother’s arms. His political colleague confronted him on these remarks, and he justified, “Only when people feel pain personally do they move on policy.” The election of Jones indicates that, if ~20 percent of Americans say they support political violence, a majority do not view these types of graphic comments as disqualifying for positions of Democratic leadership.

In a 2024 Gallup poll, nearly half of the respondents opposed government mandates to vaccinate children. The argument against public health mandates is that parents (not the government) should decide what is in the best interest of their children. However, when the President or a governor talks about restocking the school library shelves, they have been able to leverage our cultural anxiety and deliver the message that you are the one choosing what content to leave in or throw out. This goes beyond a paternalistic government, because it is about power, not trust. People see our politics as a “winner takes all,” and 40 percent of Americans saying that we need leaders “willing to break rules,” does not mean they trust those leaders to be schoolboys, but that—even if those leaders are apparently corrupt, self-interested, or dangerous—they need excessive power to overcome “the other side.” The solution is public dialogue: if people are exposed to their opponents, no matter how hostile the conversations begin, there is a higher likelihood that they will perceive their king-like politicians as the greater threat to liberty than whoever sits across the aisle.

The trend of relinquishing our First Amendment rights, compromising the integrity of our elections, and supporting political violence—or accepting candidates exposed to hold those beliefs—has destabilized our Democracy. This ballot-bullying and attempting to restrain the other party to protect your rights can only be resolved by starting a national dialogue and acknowledging that the “the stakes are too high” argument only elevates politicians who have contempt for Democracy and ambitions to strip out the checks and balances on their power.

Luke Harris is a Fall Intern with the Fulcrum.

The Fulcrum is committed to nurturing the next generation of journalists. To learn about the many NextGen initiatives we are leading, click HERE.


Read More

Veterans Don’t Stop Being Veterans at the Prison Gate

Veterans often lose VA healthcare, disability benefits, and education access during incarceration, disrupting PTSD and addiction treatment when continuity matters most.

Getty Images

Veterans Don’t Stop Being Veterans at the Prison Gate

A veteran’s PTSD doesn’t disappear when they enter prison. Traumatic brain injuries don’t cure themselves. Addiction doesn't vanish behind bars. Yet many of the systems designed to help veterans manage those conditions stop at the prison gate.

When veterans are incarcerated, they often lose access to VA healthcare, struggle to use education benefits, and face major cuts to disability compensation. The problem is not eligibility. The problem is continuity.

Keep ReadingShow less
Protestors holding signs outside of the Idaho statehouse.

Protesters rally for abortion rights outside of the Idaho Statehouse in downtown Boise, Idaho, on May 14, 2022.

Sarah A. Miller/Idaho Statesman/AP

Idaho Voters Will Weigh In on One of the Strictest Abortion Bans in the Country

Idaho voters will weigh in on their state’s abortion laws this November. The secretary of state’s office certified a ballot measure that could, if passed, overturn one of the strictest bans in the country, the campaign to restore abortion rights in Idaho confirmed on Monday.

The measure would enact a new law establishing a state right to “reproductive freedom,” which it defines as allowing residents to make their own decisions in areas including fertility treatment, contraception and abortion. But it would not amend the state’s constitution, meaning it could still be overturned by the state’s Republican legislature. Currently, Idaho bans abortion in nearly all circumstances, with a narrow exception if staying pregnant threatens someone’s life.

Keep ReadingShow less
People wearing vests with "ICE" and "Police" on the back.
The latest shutdown deal kept government open while exposing Congress’s reliance on procedural oversight rather than structural limits on ICE.
Getty Images, Douglas Rissing

Where Can Immigration Enforcement Take Place?

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

The Origins: The Clinton Administration

Keep ReadingShow less
The Iran war could shape American policy for decades

U.S. forces patrol the Arabian Sea near M/V Touska on April 20, 2026, after firing upon the Iranian-flagged vessel that the U.S. accused of attempting to violate the U.S. naval blockade of Iranian ports near the Strait of Hormuz.

(U.S. Navy/Getty Images/TNS)

The Iran war could shape American policy for decades

The war with Iran that never really ended is back on. Like everybody else, including the Trump administration and the Iranian regime, I have no idea how it will end. But it eventually will, and how it will be remembered will matter enormously.

Politics is about many things, but whether you call it “spin,” “framing” or “narrative competition,” storytelling is never far from the heart of it. As the philosopher Richard Rorty observed, “Competition for political leadership is in part a competition between differing stories about a nation’s self-identity, and between differing symbols of its greatness.”

Keep ReadingShow less