ZadekpediaThe project
The National Constitution Center undertook a project it called “Guardrails of Democracy,” asking which guardrails had failed or were missing from American government. A progressive group, a conservative group and a libertarian group analyzed the question independently and produced separate answers. Bob Zadek introduced the project on his show, describing the Center as the only nonprofit funded by Congress for the sole and exclusive purpose of increasing awareness and understanding of the Constitution, and praising its interactive constitution and its physical presence in Philadelphia. 3 Libertarian Ideas to Strengthen Democracy (2022)
Zadek’s guest was Ilya Somin, a professor of law at George Mason University and a member of the libertarian team, whose other members were Walter Olson and Clark Neily of the Cato Institute. Somin said he did not work for the Center and could not definitively speak to its motives, but characterized the goal as recognizing serious problems with the democratic system, particularly during the 2020 election and its aftermath, and convening specialists from different ideological viewpoints. 3 Libertarian Ideas to Strengthen Democracy (2022)
The diagnosis
Somin described three interrelated problems. First, efforts to overturn elections, as seen with Trump and his supporters in the last election, with precursors in previous elections. Second, growing polarization and hostility between the parties and their supporters, which he said was part of the reason Trump was able to attempt what he did. Third, the difficulty ordinary voters face in having a meaningful say: for any one voter the chance their vote will make a difference is about one in 60 million in a presidential election, somewhat higher in other elections, and most voters have very little idea of the issues. 3 Libertarian Ideas to Strengthen Democracy (2022)
Zadek pressed Somin on the word “increased” in “increased polarization,” noting polarization in the Vietnam War era and the Civil War and saying he could not find a clear trend. Somin answered that there has always been some degree of polarization, but that by almost any measure — distance between the parties on policy issues, or how supporters of the two parties feel about each other — it is higher now than in at least several decades. He cited the percentage of people who think the opposing party is a menace to America or a threat to democracy, and data showing around 40% or more would be angry if a friend or relative married a member of the opposing party. He said polarization has been rising for several decades and is likely higher than at any time in the post-World War II era, while allowing that it may have been greater during the Civil War period, for which such data do not exist. 3 Libertarian Ideas to Strengthen Democracy (2022)
The libertarian remedies
Somin rejected the premise that the report assumed more democracy is always better. He said the report recognizes that too much can be done through the democratic process, especially in a centralized way with the federal government having more and more power, and that this can undermine democracy itself; there is somewhere an optimal amount of democracy. 3 Libertarian Ideas to Strengthen Democracy (2022)
The report’s first part proposed solutions to holes revealed in the Electoral College system and the way Electoral College votes are counted and certified. Somin said many of these are embodied in the Electoral Count Reform Act, which he expected to pass Congress soon, making it the part most likely to be fixed in the near future. 3 Libertarian Ideas to Strengthen Democracy (2022)
The second part addressed political ignorance and polarization by expanding opportunities to vote with one’s feet — in the federal system and in the private sector — which Somin said is often more empowering and leads to better decision-making than traditional ballot box voting. The third part outlined ways to increase participation in governance, particularly by strengthening the jury system, which he said the founding fathers and Alexis de Tocqueville regarded as a central mechanism for ordinary people to participate in government, and which has been lost or degraded over recent decades. 3 Libertarian Ideas to Strengthen Democracy (2022)
Across episodes: the two 2022 episodes
The two episodes are consecutive treatments of the same interview: the first covers the project’s framing, the polarization exchange and the diagnosis; the second adds Somin’s account of the report’s three-part structure, the names of his co-authors, and the jury-system recommendation. The episodes show elaboration rather than development — no position advanced in the earlier episode is revised in the later one.