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Jacob T. Levy
The counterminoritarian dilemma: If the Democrats win the popular vote for the House by only 5% and therefore don't flip control, a second-place coalition representing 45% or so of the electorate will control all four institutions of the federal government.
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Jacob T. Levy 7 Oct 18
Replying to @jtlevy
(And this is a percentage *of voters,* i.e. it doesn't take any notice of any of the various kinds of disenfranchisement.) This will, of course, not stop any conservative commentator from describing the actions of that unified government as representing the will of the people.
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Jacob T. Levy 7 Oct 18
Replying to @jtlevy
I am very far from being a majoritarian or populist democrat. But it's a problem for democratic government if the majority can't gain entry *anywhere.*
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Jacob T. Levy 7 Oct 18
Replying to @jtlevy
(PS to law review article authors always on the lookout for clever titles: Shockingly enough, "the counterminoritarian dilemma" is apparently brand new, so you must credit me for it. Trademark pending.)
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Scott Haile 7 Oct 18
Replying to @jtlevy
Do you mean a third party spoiler? I.e. Defecting republicans in California have reduced the GOP to the third place, trailing independents who are not uniform, but all refuse trump policies/candidates
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Jacob T. Levy 7 Oct 18
Replying to @scottchaile
No. The distribution of House seats and votes is such that if Democrats win the overall popular vote for the House by, say, 52.5 vs 47.5, even without third parties, they almost certainly don't win a majority of seats.
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Tex 7 Oct 18
Replying to @jtlevy
4??
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Jacob T. Levy 7 Oct 18
Replying to @Tex_968
Three branches, one of them bicameral.
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Chad Hill 7 Oct 18
Replying to @jtlevy
It's honestly exhausting to read through your mentions and encounter partisan after partisan entirely missing the point of your thread and regurgitating some topically askew right-wing talking point. These people are proof that Foucault got the better of Habermas.
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Erik M. Gregersen 7 Oct 18
Replying to @jtlevy
So the play going forward is that the GOP House will not investigate Trump and the Senate will appoint judges to do the actual governing of the country? Bold move Cotton.
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Dr. Chim Richalds 7 Oct 18
Replying to @erikgregersen @jtlevy
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