TL;DR: Well written book, but not terribly compelling. Overly slanted analysis, where it feels like evidence is found to justify a conclusion. Wish this book had time to incorporate the most recent election into its analysis, as some of themes / points feel overshadowed by recent events. Would recommend for those seeking a critical analysis of the US voting / a liberal consensus take on voting issues, otherwise, sparknotes would do just fine.
After completing Minority Rule, I felt a mix of emotions.
A part of me felt like it was time well spent – Ari Berman is a very talented writer who has composed a well researched book that does not feel like a 300 page semi-academic literature review. Ari does a fantastic job of guiding the reader through historical and contemporary events, and when I turned the final page of the epilogue, I could say that I knew more than when I first opened the book.
With that said, I did struggle to understand what the goal of this book really was.
The subtitle of the book leaves no doubts about the angle from which Berman comes from when evaluating our history, but I was nonetheless a bit disappointed to find that the analysis of the book was so tilted.
To be highly reductive (and to borrow directly from Ari’s own words), the core thesis of this book is that a shrinking minority of white conservatives have rigged our electoral processes to ensure that ethnic minorities (e.g., the “majority”) are either institutionally or socially disincentivized from participating in government, and thereby acquiring political power. To restate, Berman’s view is that the election system, as initially designed by the Founders – and as manipulated by Republicans – is actively being engineered in order to prevent popular, equitable policies from being implemented at every level of government.
The book centers on three core mechanisms to make this argument:
1. The Electoral College / the Constitution
2. Gerrymandering and Voter ID Laws
3. Nullification, and its Modern Form
I want to focus on the Electoral College; to be clear, I am a very big proponent of the Electoral College (“EC”), and finding a compelling argument against it was a central reason for picking up this book. Ironically, after finishing Minority Rule, I am even more in favor of the Electoral College than I was before.
Ari, and many others who write about and debate this topic, are very focused on the undemocratic nature of the EC, and how it creates an unequal distribution of power across states. The system, as initially designed (and as presently operated) allows for a smaller number of voters to have more electoral power than a possible majority, which we have seen several times in recent presidential elections. This flies in the face of the philosophical concept of “one person one vote,” and, to put it bluntly, it just feels icky. How can a minority of voters rule over a majority?
In researching the book, Ari seemingly uncovers something that I already knew – this is not a bug, it’s a feature. Having watched several interviews Ari gave during the book’s press tour, he and many of his interviewers seemed to be shocked that many of the Founders, Adams in particular, were fearful of majority rule, and perceived that pure democracy would yield chaos. The Founders worried that pure democracy would allow “the majority” to wipe out debts, redistribute wealth, and create an egalitarian society. This train of thought is easily viewed as being self-serving, elitist, and racist -- and to be clear, it probably was.
However, the logic underneath it I find to be very compelling. What if we had a pure democratic system? What would stop policies such as the ones Adams and Madison feared from becoming implemented? What would happen to society?
The unfortunate truth that I believe, and which I think reasonable minds can disagree with, is that democracy in its pure form is doomed to fail – the mob if left to its own devices will eventually eat itself alive. As such, the Founders devised a system, whether intentional or not, that hampered the power of simple majorities, which made it very difficult to change or implement policy at the federal level. Ari does not make a compelling case against this as a practice, in fact he seems to at times treat the Founders with contempt, and then at other times treat them with reverence when it suits his ideological persuasions.
Ari also spends a great deal of time focusing on how this system was created to further his position that our electoral process is designed to favor minorities. As Ari tells it, the Constitutional Convention and the Great Compromise was more like the “Great Concession,” – larger states “gave in” to smaller state demands for equality in the Senate, and on major issues such as slavery and representation. Ari treats the Great Compromise like it was robbery, where the small, minority states effectively hoodwinked the large, populous states into creating a system that disadvantaged the majority of Americans at the time.
This analysis makes no sense to me.
America is a federation of states; as a state, what incentives do you have to join a federal government if you are not going to get a) what you want and b) some level of assurance that your existence will be protected in the future? If anything, a compromise would have been to redraw the states, such that each had equal size and populations, but the larger states would have no incentive to do that, would they? Thus, a compromise would have to be made, and that compromise is still felt today; larger states such as New York and California are prevented from driving national legislation despite their size because of the foresight of the Founders. Again, this may not have even been on purpose, but it nonetheless created a framework that incentivized the first thirteen (13) states to form a union that has endured for over 200 years.
Last point that Ari attempts to make against the EC has to do with mechanics; less people can vote for a presidential candidate and win, whereas more can vote for another and lose. In one interview, he says that he has explained this to his younger daughter, who “doesn't understand, it makes no sense.”
Taking the mechanics of the EC aside, lets talk about majorities. Most presidential elections are decided by 1-3%, with the margin of victory being even smaller when you zoom in on battleground states. But again, lets forget the EC and focus on the popular vote; the difference between 51% and 53% in an absolute sense is immaterial. If we had a weighted coin that was supposedly designed to allow for someone to flip it and get heads 53% of the time, would you bet your house on it? I dont think so, so I am consistently vexed when folks look at very, very slim majorities as if they are some incredibly compelling case for a nominee or for a policy.
This is why again, the Founders, via wisdom or by accident, created great game mechanics – federal elections (and federal policy making for that matter) require strong majorities, really super majorities, to be successful. This is a great thing, and Ari does not attempt to make any argument around this. It would seem that he would be happy living in a world where 51 people in a room would get to decide for the other 49 how the government should operate. You do that, and you can bet that the 49 will decide to take up their chips, and play elsewhere.
I know I have spent the majority of this review talking about the EC, because that is what I was the most interested in, but to give the rest of the book some airtime, I didnt find much of it to be very compelling. Gerrymandering happens on both sides of the aisle, voter ID laws are ethically ambiguous, and the rest of the book reads like a partisan analysis of one side's political maneuvers. It may be true that Republicans have been more shameless about their usage of state and federal power to augment the rules of the game to benefit them, but its not like Democrats have clean hands in that regard. If anything, the book really just underscores how bad Democrats are at wielding power, which has been a complaint from those on the left for decades.
To close with some positives, the overarching tale about Wisconsin politics was fascinating to read, I did not know the ugly details of much of it before starting the book. I also found some of the analysis of the Trump Administration's attempts at “uncovering” voter fraud to be quite spot on, although I would disagree with some of the conclusions. Its a shame this book came out before the most recent election, as some of the overarching themes and self assuredness about majorities are now clearly in question given recent events, but I am sure Ari will pick it up in his next book, which I imagine I will read.