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October 02, 2024 ABA Task Force for American Democracy

How Did American Politics Lose Its Civility?

Robert Bradford, September 14, 2016

Summary

American politics has always contained elements of uncivil behavior, but a recent rise in partisanship has led to a fundamental change for the worse in the tenor of American political discourse. Data from the Pew Research Center indicates that Americans are as divided as they have ever been in history. Trust in government has plunged to new lows which has driven Americans to become more “tribal” in their political outlook. This article examines potential causal factors that could explain this shift in discourse, as well as model potential legislative solutions enacted in California

Key Findings/Messages

The article attributes the recent rise in partisanship to three factors:

  1. Gerrymandering of congressional and state assembly districts to create more “safe” constituencies for each party.
  2. Closed primaries that base candidate selection on the participation of the most extreme partisans.
  3. The McCain/Feingold campaign finance law that had the unintended consequence of redirecting additional campaign funds to extreme political interest groups.

Key Recommendations Made

The article examines two legislative reforms in California that reduced partisanship in the state. Following a ballot initiative, California empowered an independent panel to draw district lines. It also switched to an open primary system (instead of a closed or two-party primary).  Research suggests that these two reforms reduced “legislator ideological extremity” by 34% in the state assembly and 31% in the state senate.