How To Disenfranchise A Population

Every American who paid even the least amount of attention in history class is familiar with the phrase “No taxation without representation.” It was a rallying cry during the war for independence, and it has re-entered our national conversation. As economists have pointed out, Trump’s insane tariffs are really taxes on American consumers, taxes that our elected Senators and Representatives did not impose, despite that pesky constitutional provision to the effect that taxation is exclusively within the legislature’s jurisdiction.

Lincoln Square has recently considered the issue from another perspective. The linked essay argues that–thanks to systemic flaws–We the People no longer have representation. Neither the tax burden nor policy decisions are guided by the votes of citizens.

The analysis is persuasive. The essay points out that gerrymandering has diluted representation, that establishment of a 435-member ceiling for the House of Representatives caused representation to continually thin as the population grew, and that the Electoral College allows Presidents to be elected by a minority of voters. Add to that the growing malapportionment of the Senate and a variety of what the essay calls “veto points”–very much including the filibuster–and we have structures that have–little by little– given popular minorities durable governing power without requiring explicit legal disenfranchisement.

I keep thinking of that “frog in boiling water” analogy…

Under Trump, these flaws are being further exploited to permit wildly unpopular and damaging policies (environmental, health, ICE), and what the essay calls “conditional provision of services.” The administration has withheld or delayed delivery of congressionally authorized funds to institutions and programs of which Trump disapproves, and especially to Blue states. Taxation without representation? “When residents of those states continue to pay federal taxes while services are delayed, conditioned, or withdrawn, the resemblance to the original colonial grievance becomes difficult to ignore.”

It’s hard to dispute the author’s assertion that these structural flaws, resulting in minority rule, vote dilution, and conditional governance—have created a legitimacy crisis, and represent “the most serious institutional stress test of the American political system since the Civil War.”

The claim is structural: the United States has long maintained systems capable of separating contribution from control. Minority rule through malapportioned institutions. Vote dilution through engineered districts and capped representation. And—most destabilizing in practice—governance that becomes conditional, where baseline services and administrative capacity are experienced as leverage rather than as citizenship guarantees.

In a weird way, our present situation mirrors that of the Revolution. As the author notes, those participating in the Boston Tea Party weren’t just objecting to a tax. They were objecting to a system in which “representation existed in theory but not in practice.” American victory in the Revolutionary War was followed by the establishment of a system that may have been democratic in aspiration, but was–as the essay asserts– oligarchic in structure, not to mention selectively enforced.

And as the essay reminds us, those undemocratic mechanisms are still with us, albeit in altered form. Gerrymandering has replaced the explicit disenfranchisement of disfavored populations with “engineered outcomes.” The cap on House membership has diluted representation. The Senate is the epitome of minority rule–states with some thirty percent of the population have the same number of Senators as states with seventy percent, while the Electoral College enables presidents to assume office despite losing a majority of the vote.

In other words, while voting has persisted, power no longer follows. As the essay concludes, real representation has become lost within “a dense architecture of veto points capable of absorbing popular dissatisfaction without producing institutional change. Elections became mechanisms of rotation rather than accountability.”

At this point, America’s election outcomes increasingly fail to direct or even influence national policy. We have formal “democratic” participation, but actual power continues to be exercised by a wealthy, entitled and entrenched minority.

When the Trump circus implodes (and thankfully, there are signs that that blessed day is coming), we need to elect true democrats–small d–who will address the structural and systemic flaws that have turned American governance by We the People into a charade, and have once again created a situation in which we have taxation–and policy–without representation.