Skip to content
Search

Latest Stories

Follow Us:
Top Stories

It's time to write a new social contract

Opinion

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

Presidential powers: Corporate abuses big concern after SCOTUS move

An oil production operation is shown in North Dakota. With the U.S. Supreme Court granting more presidential powers to the executive branch, environmental groups warned key agencies will have a harder time going after polluters.

(Adobe Stock)

Presidential powers: Corporate abuses big concern after SCOTUS move

A U.S. Supreme Court opinion issued last month expands presidential power over independent federal agencies, prompting warnings from environmental advocates about potential implications for states such as North Dakota.

The court’s conservative majority said President Donald Trump had the authority to fire a former Federal Trade Commission member without cause. Legal observers countered the opinion nullifies longstanding precedent involving the role of Congress in insulating certain federal agency officials from direct presidential control.

Keep ReadingShow less
Federal Register Reports being printed out of a large machine.

Congress should strengthen the administrative state by writing clearer laws, limiting delegated authority, and requiring periodic reauthorization of agency powers.

Photo courtesy of Luka Jacobi-Krohn

Putting the Guardrails Back on Delegations of Power

Congress needs to write better laws instead of dismantling the administrative state.

Debates over the administrative state focus on whether these agencies have accrued too much power. Some argue that the solution is to severely weaken or, in extreme scenarios, dismantle these federal agencies. However, the issue is not the existence of these agencies but actually how Congress writes its laws. When statutes are drafted with vague language, agencies are left to interpret the scope, and courts are forced to set the boundaries. This results in constant litigation and generally regulatory instability. If Congress actually wants a more durable and accountable regulatory system, they need to start with themselves by writing clearer laws.

Keep ReadingShow less
Businesspeople walking in line across world map, painted on asphalt

America's immigration debate reflects a deeper question: Does America still believe in itself? A historical look at immigration, assimilation, and American identity.

Klaus Vedfelt / Getty Images

What Immigration Debates Reveal About National Confidence

America has spent 250 years arguing about immigrants.

But beneath the arguments about visas, walls, asylum claims, deportations, and border security lies a more uncomfortable question:

Keep ReadingShow less
The U.S. flag, waving, with the ends of it frayed.

The U.S. is falling short of what its national wealth makes possible for its people.

Americans Are Not As Well Off As People in Peer Nations – Us Safety Net’s Shortfalls Show Up in Global Data

As the United States celebrates the 250th anniversary of its Declaration of Independence, the global data we collect and analyze shows that the country is failing to “promote the general Welfare,” as the Constitution’s framers promised a little more than a decade later.

We are scholars of human rights. Alongside the Human Rights Measurement Initiative, a nonprofit that tracks how well more than 200 countries and territories are meeting the human rights commitments their governments have made, we annually update scores measuring whether people can actually get the basics of a decent life, such as healthcare, adequate food and a quality education.

Keep ReadingShow less