Americans Ruled by a Minority

By: Anne Applebaum

Now that the predictable result has been achieved, it’s worth taking a moment to think about the longer-term impact of the bizarre, emotional events of the past two weeks in Washington. Reasonable people can still disagree about what happened in a house in suburban Maryland in the summer of 1982; reasonable people can even disagree about whether now, more than three decades later, those events should matter. But reasonable people cannot disagree about the political orientation of Justice Brett M. Kavanaugh. In his testimony, he revealed himself to be an extreme partisan, a Republican Party activist and a man at least willing to bend the truth in public.

He did not reveal himself to be a man dedicated to upholding a neutral idea of the rule of law. On this point, Kavanaugh’s opponents and supporters are in total agreement. Just after he was sworn in to the job he might hold for many decades, Sarah Huckabee Sanders, the White House press secretary, tweeted: “Congratulations Judge Kavanaugh! Instead of a 6-3 liberal Supreme Court under Hillary Clinton, we now have a 5-4 conservative Supreme Court under President @realDonaldTrump, cementing a tremendous legacy for the President and a better future for America.” Note the expression “under President @realDonaldTrump”: This was a partisan contest, and the winning side is crowing in triumph that one of the partisan faithful has been victorious.

But what now? Thanks to the quirks of our Constitution and the vagaries of our politics, the result is that all three branches of the U.S. government are dominated by minorities. In the White House, we have, for the second time in less than two decades, a president who did not win the popular vote. He was elected thanks to the electoral college, a system originally designed to block demagogues, but which no longer does. Electoral college delegates are not independent, as they once were; instead, they vote as their state party chairman decides. The effect is to skew the result.

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