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July 10, 2024 ABA Task Force for American Democracy

American democracy is cracking. These forces help explain why.

Dan Balz and Clara Ence Morse, Washington Post, Aug. 18, 2023

Summary

Two main forces are straining democracy: first, structural barriers to popular control and representation, such as the Electoral College, the Senate, and lifetime Supreme Court terms; and second, the deepening polarization of the political system along partisan, regional, cultural, and urban/rural dimensions.

Key Findings

Forces contributing to the current climate include:

  • a long-running decline of trust in government institutions
  • political polarization straining an ill-prepared Constitution
  • the Electoral College and general decrease in the number of swing states
  • the structure of the Senate and gerrymandering of House districts, which beget polarization and poor representation in Congress
  • the Supreme Court’s unrepresentative composition
  • the rise in state legislature supermajorities
  • the near-impossibility of amending the Constitution