By Brian Daitzman
There has never been a more urgent need for substantial reforms in American democracy to align our political and judicial systems with the true principles of democratic representation. The U.S. grapples with significant challenges in its electoral and judicial mechanisms, reflecting outdated structures that no longer serve the diverse populace's best interests.
Three remedies are poised to transform U.S. democracy fundamentally: the reapportionment of the House of Representatives, the integration of Ranked Choice Voting (RCV) across all electoral levels, and sweeping reforms to the federal courts system.
The Electoral College has long been criticized for undermining American democracy by favoring minority rule, wherein the popular vote does not always determine presidential election outcomes. This discrepancy has ignited robust discussions aimed at reforming the system to more faithfully reflect the democratic will of the people. A pragmatic yet underexplored approach, encapsulated in the #reapportiondemocracy initiative, focuses on the reapportionment of the House of Representatives, promising significant impacts on electoral dynamics.
Since 1911, the number of seats in the House of Representatives has remained static at 435 despite the population increasing from 93,863,000 to 331,000,000 by 2024—a growth factor of 3.528. This static number fails to reflect significant demographic changes over more than a century. Adjusting the number of House seats to approximately 1,534 would align the Electoral College more closely with the principles of proportional representation, enhancing the electoral influence of populous states like California and Texas while reducing the disproportionate power of smaller states.
It is crucial to understand that while reapportionment would alter the function of the Electoral College, it would not lead to its abolition. By making the College's composition more proportional to the population, the effects of minority rule would be mitigated. The Electoral College would then more accurately mirror the national popular vote, effectively neutralizing the small-state bias and aligning the presidency and the House of Representatives closer to the popular will. Legislative changes could modify House representation, but completely abolishing the Electoral College would require a constitutional amendment—a formidable challenge given constitutional protections of state powers.
Adopting a system where House seats and, consequently, Electoral College votes are adjusted with each census to reflect actual population data would enhance the representativeness and transparency of U.S. democracy. This could invigorate the political landscape by encouraging the emergence of new parties and movements, diversifying voter choices, and reducing polarization.
Ranked Choice Voting (RCV) is often heralded as a solution for refining Senate elections; however, its transformative potential extends to all levels of U.S. electoral processes. RCV enables voters to rank candidates by preference rather than selecting just one. This enhances voter expression and acts as a catalyst for fostering more moderate and consensus-driven politics.
Implementing Ranked Choice Voting (RCV) across various electoral levels could profoundly transform the American political landscape. In the House of Representatives, RCV promises a more accurate representation of voter preferences, potentially spurring greater policy innovation and alleviating partisan gridlock. For presidential elections, RCV ensures that the victor secures broad, majority support, thus more closely aligning the presidency with the national popular sentiment. In Senate elections, RCV could temper extreme partisanship and prompt candidates to garner support across a wider political spectrum. Overall, RCV fundamentally shifts the strategic dynamics of elections by motivating candidates to engage a broader array of voters beyond their primary base, fostering a more inclusive and less divisive political dialogue. This comprehensive approach could significantly enhance the functionality and perceived legitimacy of U.S. democratic institutions.
This reform introduces a rule that no Article III judge may serve more than 18 years in the same judicial position before being randomly reassigned to another court at the same trial or appellate level at which they are serving on the last day of their 18th year. District court judges may be reassigned to any other district court across the United States, while appellate court judges may find new roles within the appellate system, potentially including service on the Supreme Court.
The 18-year term limit cycle is designed to continue indefinitely until a judge either retires, is deemed no longer to exhibit "good behavior" (Article III, Section 1) or passes away. This system aims to ensure a dynamic and revitalized judiciary, fostering a broad and diverse range of judicial experiences and perspectives, thereby enhancing the fairness and effectiveness of the federal judiciary.
District Court Judge Example: Judge Smith, after serving 18 years at the U.S. District Court for the Northern District of California, becomes eligible for random reassignment. She could be relocated to the U.S. District Court for the Southern District of New York, allowing her to apply her extensive judicial experience to new challenges and gain insights from a different regional context.
Appellate Court Judge Example: Judge Johnson, reaching the end of his term after 18 years on the Ninth Circuit Court of Appeals, could be reassigned to any appellate court, including eligibility for the U.S. Supreme Court. Should the lottery place him within the appellate system, he might join the Second Circuit Court of Appeals, or he could ascend to the Supreme Court, bringing a wealth of appellate insight to the highest court in the land.
Supreme Court Justice Example: Justice Smith, after completing her 18-year term on the U.S. Supreme Court, becomes eligible for reassignment under the new term limits rule. While justices typically do not step down from the pinnacle of the judiciary, under this reform, Justice Smith could be reassigned to an appellate court, potentially the Federal Circuit Court of Appeals. This transition would allow her to bring her considerable legal acumen and Supreme Court experience back to the appellate level, enriching judicial decisions with her deep understanding of constitutional law and Supreme Court precedents.
This rule targets long-term partisanship and ideological entrenchment that can arise from extended tenures in specific federal courts. By rotating judges through various courts and regions, the judiciary is exposed to a wider array of legal issues and perspectives, deepening their understanding and interpretation of federal law. This reform also strives to preserve judicial independence by eliminating any perceived sustained influence by particular states or political entities over individual judges or courts.
Additionally, the random nature of the reassignment and Supreme Court selection process is designed to reduce predictability in judicial appointments, thereby diminishing the potential for any single presidential administration or political party to influence the judiciary's composition excessively.
An independent body composed of retired federal judges and esteemed jurists will oversee the implementation of this reform, ensuring that the reassignments are conducted transparently and without bias. This body will utilize a statistical formula designed to maximize randomness in the allocation of judges, aiming to uphold the integrity of the judiciary by removing foreseeable biases from the process of reallocating judges.
Article III Protections: The Constitution mandates life tenure for federal judges "during good Behavior," aimed at protecting the judiciary from political pressures and ensuring judicial independence. The proposed reform adheres to this requirement by not terminating judges' service but rather rotating their court assignments.
Judicial Reassignments: As the Constitution does not specify fixed assignments for judges to specific courts, rotating judges among courts can be seen as a procedural adjustment rather than a fundamental change, thus aligning with constitutional guidelines.
The regular reassignment of judges will require robust administrative support and careful planning to manage transitions, maintain continuity in caseload processing, and ensure that judges are adequately prepared for the legal contexts of their new assignments.
Frequent movement between courts might disrupt the accumulation of specialized legal expertise in certain areas of law. Strategies to mitigate this potential downside could include targeted educational resources and transitional periods for incoming judges, ensuring they are well-prepared to handle their new roles effectively.
In closing, there has never been a more urgent need for substantial reforms in American democracy to align our political and judicial systems with the true principles of democratic representation. The reforms outlined here provide a robust blueprint for transforming American democracy into a system that genuinely reflects the diverse will of its people.
By expanding the House of Representatives through reapportionment, implementing Ranked Choice Voting at all electoral levels, and introducing term limits with randomized reassignments for federal judges, these changes promise to rectify long-standing imbalances and inefficiencies within our political and judicial frameworks. These measures aim not only to adhere more closely to democratic principles but also to revitalize the political landscape by fostering a more inclusive, representative, and equitable environment.
Implementing these reforms would address the criticisms of the Electoral College, bolster the functionality of our elections, and ensure a judiciary that remains dynamic and impartial. Together, these initiatives have the potential to significantly reduce polarization, promote greater consensus in policymaking, and bolster public trust in the integrity of our democratic institutions. Ultimately, by enacting these reforms, America would make significant strides toward a more equitable and effective governance model, ensuring that each citizen's voice is heard and valued in the ongoing dialogue that shapes our nation.
