America Is Living James Madison’s Nightmare The Founders designed a government that would resist mob rule. They didn’t anticipate how strong the mob could become.Jeffrey Rosen

Posted By on January 29th, 2019

https://www.theatlantic.com/magazine/archive/2018/10/james-madison-mob-rule/568351/

Editor’s Note: This article is part of a series that attempts to answer the question: Is democracy dying?”

“These are dangerous times: The percentage of people who say it is “essential” to live in a liberal democracy is plummeting, everywhere from the United States to the Netherlands. Support for autocratic alternatives to democracy is especially high among young people. In 1788, Madison wrote that the best argument for adopting a Bill of Rights would be its influence on public opinion. As “the political truths” declared in the Bill of Rights “become incorporated with the national sentiment,” he concluded, they would “counteract the impulses of interest and passion.” Today, passion has gotten the better of us. The preservation of the republic urgently requires imparting constitutional principles to a new generation and reviving Madisonian reason in an impetuous world.”

…….James Madison traveled to Philadelphia in 1787 with Athens on his mind. He had spent the year before the Constitutional Convention reading two trunkfuls of books on the history of failed democracies, sent to him from Paris by Thomas Jefferson. Madison was determined, in drafting the Constitution, to avoid the fate of those “ancient and modern confederacies,” which he believed had succumbed to rule by demagogues and mobs.

Madison’s reading convinced him that direct democracies—such as the assembly in Athens, where 6,000 citizens were required for a quorum—unleashed populist passions that overcame the cool, deliberative reason prized above all by Enlightenment thinkers. “In all very numerous assemblies, of whatever characters composed, passion never fails to wrest the sceptre from reason,” he argued in The Federalist Papers, the essays he wrote (along with Alexander Hamilton and John Jay) to build support for the ratification of the Constitution. “Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.”

Madison and Hamilton believed that Athenian citizens had been swayed by crude and ambitious politicians who had played on their emotions. The demagogue Cleon was said to have seduced the assembly into being more hawkish toward Athens’s opponents in the Peloponnesian War, and even the reformer Solon canceled debts and debased the currency. In Madison’s view, history seemed to be repeating itself in America. After the Revolutionary War, he had observed in Massachusetts “a rage for paper money, for abolition of debts, for an equal division of property.” That populist rage had led to Shays’s Rebellion, which pitted a band of debtors against their creditors.

Madison referred to impetuous mobs as factions, which he defined in “Federalist No. 10” as a group “united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.” Factions arise, he believed, when public opinion forms and spreads quickly. But they can dissolve if the public is given time and space to consider long-term interests rather than short-term gratification.

To prevent factions from distorting public policy and threatening liberty, Madison resolved to exclude the people from a direct role in government. “A pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction,” Madison wrote in “Federalist No. 10.” The Framers designed the American constitutional system not as a direct democracy but as a representative republic, where enlightened delegates of the people would serve the public good. They also built into the Constitution a series of cooling mechanisms intended to inhibit the formulation of passionate factions, to ensure that reasonable majorities would prevail.

Whatever benefits the parties offered in the 19th and early 20th centuries, however, have long since disappeared. The moderating effects of parties were undermined by a series of populist reforms, including the direct election of senators, the popular-ballot initiative, and direct primaries in presidential elections, which became widespread in the 1970s.More recently, geographical and political self-sorting has produced voters and representatives who are willing to support the party line at all costs. After the Republicans took both chambers of Congress in 1994, the House of Representatives, under Speaker Newt Gingrich, adjusted its rules to enforce party discipline, taking power away from committee chairs and making it easier for leadership to push bills into law with little debate or support from across the aisle. The defining congressional achievements of Barack Obama’s presidency and, thus far, Donald Trump’s presidency—the Affordable Care Act of 2010 and the Tax Cuts and Jobs Act of 2017, respectively—were passed with no votes from members of the minority party.

Madison feared that Congress would be the most dangerous branch of the federal government, sucking power into its “impetuous vortex.” But today he would shudder at the power of the executive branch. The rise of what the presidential historian Arthur M. Schlesinger Jr. called the “imperial presidency” has unbalanced the equilibrium among the three branches. Modern presidents rule by executive order rather than consulting with Congress. They direct a massive administrative state, with jurisdiction over everything from environmental policy to the regulation of the airwaves. Trump’s populist promise—“I alone can fix it”—is only the most dramatic in a long history of hyperbolic promises, made by presidents from Wilson to Obama, in order to mobilize their most ideologically extreme voters.

During the 20th century, the Supreme Court also became both more powerful and more divided. The Court struck down federal laws two times in the first 70 years of American history, just over 50 times in the next 75 years, and more than 125 times since 1934. Beginning with the appointment of Anthony Kennedy, in 1987, the Court became increasingly polarized between justices appointed by Republican presidents and justices appointed by Democratic presidents. Kennedy’s retirement raises the likelihood of more constitutional rulings split between five Republican appointees and four Democratic ones.Exacerbating all this political antagonism is the development that might distress Madison the most: media polarization, which has allowed geographically dispersed citizens to isolate themselves into virtual factions, communicating only with like-minded individuals and reinforcing shared beliefs. Far from being a conduit for considered opinions by an educated elite, social-media platforms spread misinformation and inflame partisan differences. Indeed, people on Facebook and Twitter are more likely to share inflammatory posts that appeal to emotion than intricate arguments based on reason. The passions, hyper-partisanship, and split-second decision making that Madison feared from large, concentrated groups meeting face-to-face have proved to be even more dangerous from exponentially larger, dispersed groups that meet online.

s there any hope of resurrecting Madison’s vision of majority rule based on reason rather than passion? Unless the Supreme Court reinterprets the First Amendment, allowing the government to require sites like Twitter and Facebook to suppress polarizing speech that falls short of intentional incitement to violence—an ill-advised and, at the moment, thankfully unlikely prospect—any efforts to encourage deliberation on those platforms will have to come from the platforms themselves. For the moment, they have adopted an unsatisfying mash-up of American and European approaches to free speech: Mark Zuckerberg provoked controversy recently when he said Facebook wouldn’t remove posts denying the existence of the Holocaust, because determining the intent of the poster was impossible, but would continue to ban hate speech that the First Amendment protects.

Still, some promising, if modest, fixes are on the horizon. Nathaniel Persily, a professor at Stanford Law School who leads an independent commission that will examine the impact of Facebook on democracy, notes one step the company has taken to address the problem of “clickbait,” which lures users with sensational headlines. Articles that persuade many users to click previously appeared high on Facebook’s News Feed. The company now prioritizes those articles users have actually taken the time to read.

But these and other solutions could have First Amendment implications. “The democratic character of the internet is itself posing a threat to democracy, and there’s no clear solution to the problem,” Persily told me. “Censorship, delay, demotion of information online, deterrence, and dilution of bad content—all pose classic free-speech problems, and everyone should be concerned at every step of the government regulatory parade.”

Of course, the internet can empower democratic deliberation as well as threaten it, allowing dissenters to criticize the government in ways the Founders desired. The internet has also made American democracy more inclusive than it was in the Founders’ day, amplifying the voices of women, minorities, and other disadvantaged groups they excluded. And although our national politics is deadlocked by partisanship, compromise remains possible at the local level, where activism—often organized online—can lead to real change. CONTINUE AT SITE

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