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Best electoral advantage is party, not incumbency, new study underscores

partisanship
Marie Hickman/Getty Images
Shawn Griffiths
By Shawn GriffithsDec 21, 2020
Shawn Griffiths
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Griffiths is the editor of Independent Voter News, where a version of this story first appeared.

A new report reinforces something political reform advocates and experts have been saying for years: Partisan identity is becoming the primary determinant in nearly every election.

The "Monopoly Politics" study, a biennial project of the electoral reform advocacy group FairVote, predicts the results of all 435 seats in the House long before Election Day. The 2020 version, released last week, predicted 357 "high confidence seats" with a 99.7 percent accuracy rate. The group bases its predictions on prior voting patterns, not on polling results, a methodology that has worked since FairVote began the project in 1997.

The predictions were made fully two years ahead of time, in November 2018, a startling reminder of how little competition there is in congressional contests and the consequence this has on the nation's politics. The authors say a central takeaway is the increasing role partisanship plays in the outcome of such elections.

FairVote uses a metric it calls the "incumbency bump" to gauge performance of incumbents and so-called "crossover candidates," members of Congress who represent districts that supported the other party's presidential candidate in the previous election.

In other words, it is widely assumed there is an inherent advantage to being an incumbent. FairVote measures the strength of this advantage for Democrats and Republicans who were elected in areas that traditionally vote for the "other side."

According to the report, this advantage is shrinking, which means all the things that used to give incumbents a leg up on the opposition — money, name recognition, experience, etc — do not mean as much as the partisan-leanings of local voters.

After the 2018 midterm, 38 Democrats and just three Republicans were crossover members. And 29 of them won again this year, a further decline in an incumbency bump that has gradually dropped since peaking in 2000.

"An increase in the predictability of partisanship at the expense of incumbency advantage, even for incumbents who maintained moderate voting records, means something troubling: the identity of candidates and their campaigns are mattering less and less," the report states.

Many know the adage that "all politics is local." This means politics is more consequential to a person's daily life the closer it gets to home. It also used to also mean local values and issues shaped how voters selected candidates.

To various extents, that still holds true. But for several years now, the divide between Republicans and Democrats at the national level has seeped down to shape trends at a local level.

This nationalization of politics is another warning sign that, as the divide between the parties expands, the state of elections will worsen: more candidates favoring divisive behavior to the detriment of their constituents and the country, and a further reduction in the number of candidates pledged to bipartisanship and moderation.

"If Americans feel as if they are split into red and blue camps more than ever, or that there's no room for cross-partisan dialogue, there's a very clear systemic reason for that," said FairVote President and CEO Rob Richie. "Our elections fundamentally reward partisanship. We will not be able to clear this hurdle and come together as a nation until we are able to enact the reforms ... that ensure Americans are more truly represented."

He pointed to legislation that's a top goal of his group, which has so far gone nowhere in Congress. Dubbed the Fair Representation Act, it seeks to end hyper-polarization in Congress by remaking the way the House is constituted: five or six members each representing a fewer number of congressional districts, and chosen in ranked-choice elections.

"Multi-winner districts allow more voters to participate in meaningfully competitive elections, and the vast majority of voters of both parties would be able to help elect candidates from their districts who share their views," FairVote states. "This change would roughly triple the number of voters able to participate in competitive House elections."

Visit IVN.us for more coverage from Independent Voter News.


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The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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A mirage can look real from a distance. The closer you get, the less substance you find. That is increasingly how Washington talks about the federal deficit.

Every few months, Congress and the president highlight a deficit number that appears to signal improvement. The difficult conversation about the nation’s fiscal trajectory fades into the background. But a shrinking deficit is not necessarily a sign of fiscal health. It measures one year’s gap between revenue and spending. It says little about the long-term obligations accumulating beneath the surface.

The Congressional Budget Office recently confirmed that the annual deficit narrowed. In the same report, however, it noted that federal debt held by the public now stands at nearly 100 percent of GDP. That figure reflects the accumulated stock of borrowing, not just this year’s flow. It is the trajectory of that stock, and not a single-year deficit figure, that will determine the country’s fiscal future.

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The deficit is politically attractive because it is simple and headline-friendly. It appears manageable on paper. Both parties have invoked it selectively for decades, celebrating short-term improvements while downplaying long-term drift. But the deeper fiscal story lies elsewhere.

Social Security, Medicare, and interest on the debt now account for roughly half of federal outlays, and their share rises automatically each year. These commitments do not pause for election cycles. They grow with demographics, health costs, and compounding interest.

According to the CBO, those three categories will consume 58 cents of every federal dollar by 2035. Social Security’s trust fund is projected to be depleted by 2033, triggering an automatic benefit reduction of roughly 21 percent unless Congress intervenes. Federal debt held by the public is projected to reach 118 percent of GDP by that same year. A favorable monthly deficit report does not alter any of these structural realities. These projections come from the same nonpartisan budget office lawmakers routinely cite when it supports their position.

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