The fact that our political system is troubled has been widely acknowledged, going back well before the pandemic and the 2020 election. A Pew poll in late 2019 found trust in government had plummeted to a historically low 17%. That year more than 60% of Americans told Gallup pollsters they have little confidence in the government's ability to address key domestic challenges.
While there is a tendency to blame the malaise on those serving in office, management guru Peter Drucker cautions that what we are witnessing may instead be a "symptom of systems failure." It may be a sign that "the assumptions on which the organization has been built," he says, "no longer fit reality."
Students of American government would be wise to take Drucker's admonition seriously.
The assumption on which our system was built is protectionism, specifically protection of liberty. This is what the framers saw as the object or purpose of a free state, and it informed almost every decision they made when structuring the government.
Their commitment to the protection of liberty helps explain why the father of the Constitution, James Madison, wrote in "Federalist No. 10" that the greatest threat to popular government is majority factions. His concern was that majorities might take over the government and use their power to promote interests averse to the rights and liberties of the minority. While majority factions can be animated by a variety of shared interests, the framers were particularly concerned about factions made up of those without property.
As a result, in drafting the Constitution the Framers went to great lengths to thwart majorities, prevent their formation and minimize their impact. Most importantly they followed Montesquieu's dictate that the best way to protect liberty is to separate power. To this end they adopted our tripartite arrangement, with three equal branches. Not content with that alone, however, they added additional elements including a bicameral legislature and a system of checks and balances, amongst other things.
As the constitutional Convention came to an end, Madison confided in a letter to Thomas Jefferson his concern that new system "will neither effectually answer its national object nor prevent the local mischiefs which everywhere excited disgust agst the state governments."
From our vantage point, it is stunning to consider that Madison's primary concern was that the Constitution had not gone far enough to protect liberty and prevent majority tyranny. Nothing can be further from the truth.