The 250th anniversary of our nation’s independence presents an invaluable opportunity to reflect on the great distance our republic and our democracy have traveled, while charting a course for a new era of progress, particularly given the immense strains on our democracy in this moment.
This journey began with a decision by a handful of British colonial subjects to declare independence from that empire and the king who ruled it. It has been fueled ever since by the tireless efforts of countless Americans who insisted that we live up to the fullest vision of the ideals laid out in the declaration:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Over the past 250 years, generations of citizens, advocates, lawmakers, and activists have worked to expand participation in our democracy, strengthen voting rights, and hold government accountable to the people. While progress has never been linear, our nation has steadily moved closer to fulfilling the promise at the heart of the declaration.
That progress cannot be taken for granted.
America's 250th anniversary feels different.
The atmosphere surrounding this occasion bears little resemblance to the bicentennial celebration of 1976, which I remember as a wonderful celebration with fife and drum corps, figures in colonial garb, a Broadway musical and a parade of tall ships in New York harbor.
The distinguishing feature of the federal government’s 250 campaign has been President Trump establishing an overtly partisan and partially privately funded entity called “Freedom 250,” which operates separately from the congressionally created, nonpartisan “America 250.”
To get a sense of the difference between then and now, consider that in 1976, the U.S. Mint produced a series of commemorative coins to mark the bicentennial, while today, Trump is pushing for the creation of a $250-dollar bill with his own portrait on it. Then we have the president hosting cage matches on the White House lawn on his birthday, replete with promotions for his own social media platform and crypto currency.
In my view, what all of this highlights is the fact that on the eve of a momentous anniversary for the nation, we find ourselves with one branch of government, the executive, controlled from top to bottom by a person who exhibits the same kind of monarchal behavior we sought to free ourselves from in 1776. Congress (which the framers of the Constitution expected to be the dominant branch, representing the people and the states and with the sole power to tax and spend and declare war) is completely missing in action.
To call the second Trump presidential term thus far a constitutional abomination would not be an understatement. If freedom-loving Americans do not respond by defending the rule of law and the constitutional separation of powers and by vigorously advocating for systemic reforms to our government and our democracy, we may very well find ourselves continuing down a path that leads to even greater corruption, tyranny and repression.
Four reforms critical to the future of American democracy.
I have long felt that Trump’s rise in American politics was attributable at least in part to a growing feeling among millions of Americans of being consistently ill-served by their government. The four areas of proposed reform for all branches of government I outlined in an earlier edition of my newsletter are all directed at making government more responsive and accountable to the American people. These can serve as the pillars of a forward-looking agenda to ensure our democracy lasts another 250 years.
1. Reduce the influence of big money in politics.
We must end the dominance of big money in politics, because democracy is incompatible with a system where far too many politicians are focused on securing support or avoiding the wrath of wealthy special interests. The ability of massively funded political committees or super-wealthy individuals to dominate elections distorts our political process.
The solution to this systemic problem is multifaceted and includes the following: stronger anti-corruption, anti-coordination and disclosure laws around election spending at both the federal and state level; rigorous campaign finance law enforcement by the Federal Election Commission; and ultimately, a wholesale remaking of the legal regime that regards election spending as constitutionally protected from limits.
2. End partisan gerrymandering.
Partisan actors cannot be allowed to use the redistricting process to gerrymander their way to electoral success. The race to the bottom we have all witnessed in the leadup to the midterm elections makes it clear that partisan politicians should not be trusted to use this power responsibly. Even states previously committed to independent redistricting have felt compelled to abandon these efforts and embrace gerrymandering as a necessary evil in the current political environment.
None of this is good for voters. Gerrymandering distorts our representative government by artificially boosting the voting power of one group over another. It produces more polarization and weaker representation in Congress and state legislatures. It is beyond time for members of Congress on both sides of the aisle to recognize this reality and pass a nationwide ban on partisan gerrymandering.
3. Strengthen voting rights protections.
America must reckon with the reality that our sordid legacy of racial discrimination in voting laws and practices is far from ancient history. Anyone who would question this premise need only look at states that used to be part of the old Confederacy rushing to eliminate Black majority congressional districts after the U.S. Supreme Court’s ruling on April 29 in Louisiana v. Callais.
In the wake of Callais, and a subsequent ruling in a case out of Alabama that revealed the Court’s true purpose — thwarting the will of Congress as expressed in the Voting Rights Act — it is clear that new federal protections are needed to ensure all Americans can exercise their freedom to vote and make their voices heard. The Supreme Court’s rulings do not change the fact that the 14th and 15th amendments to the U.S. Constitution, which forbid racial discrimination in our democracy, explicitly give Congress the power to legislate to ensure the clear meaning of these amendments is honored.
4. Raise ethical standards across government.
Finally, the entire federal government must be held to high standards of ethical conduct. Lawmakers, executive branch officials and judges (or justices in the case of the Supreme Court) are obligated to prioritize the public good over personal financial and political interests. Recent history demonstrates the ease with which that obligation is discarded when the guardrails meant to keep corruption in check are dismantled or never established in the first place.
Public trust is eroded with each instance of blatant self-dealing, of official government favors given in exchange for financial gain, of influence-peddling by wealthy special interests directed at senior decision-makers. Trust in government is perhaps the most underrated ingredient in a durable democracy, and once it is lost, it is very difficult to restore.
The next chapter of the American experiment.
Campaign Legal Center is completely invested in advancing solutions on each of these critical issues, and we are redoubling our efforts in the face of unprecedented threats to democracy. We must continue a sustained, well-resourced campaign of strategic legal actions and policy advocacy to keep our nation moving forward.
The struggle to create a more perfect union has always demanded relentless commitment. Following periods of progress that have allowed more Americans to play a meaningful role in our democracy, those vested in maintaining systems of concentrated power try to reassert control. As our nation embarks on its next chapter, we must not cave or concede to anti-democratic forces. We must stand up and stand firm in defense of the ideals that will allow our democracy to survive and flourish.