Noah Feldman, Columnist

What If the Constitution Keeps Eroding American Democracy?

The U.S. system has a pretty radical lack of respect for majority rule, and that problem is getting worse. Apocalyptic warnings from liberals won’t change that.

There was never a majoritarian morning in America. 

Photographer: Tasos Katopodis/Getty Images

Partisan gerrymandering in the computer age has undermined majoritarian democracy — that much is clear. Using algorithms to give one party a numeric advantage over another is more effective than old-fashioned gerrymandering done by hand, and reduces the number of competitive districts for the House of Representatives.

It’s equally clear that no solution to the problem is in sight. As statistical modeling becomes more sophisticated, things could conceivably even get worse. The Supreme Court flirted with ruling that partisan gerrymanders were unconstitutional, but ultimately opted against intervening. It won’t take up the issue again under the court’s current composition.