For decades, Republicans have rigged our democracy to capture and hold
        power for a small group of rich, white, (mostly) men.
      
      
        This takes many forms: voter suppression, gerrymandering, buying
        elections, packing the courts, attacking the press, suppression of
        unions, protests and civil society, the list goes on. They’re aided by
        systemic imbalances in our system, like a wildly unrepresentative
        Senate, that advantage white and conservative areas of the country. The
        result is what we can see today: a coalition dedicated to preserving
        white and corporate power has largely succeeded in shaping the
        structures and rules of American democracy in its favor. They’ve been
        playing this game for a long time—and they’re very close to
        winning for good.
      
      
        We’ve defeated Trump, and now it’s time to defeat the forces that
        allowed him to rise.
      
      
        We can’t keep playing a rigged game and expect a different result.
      
      
        The answer to the basic question, “Why can’t we enact wildly popular
        health care, climate, labor, tax, immigration, or gun violence policy?”
        is that our system does not respond to the will of the people. Under the
        current Republican rigged system, we’re limited to paltry social and
        economic reforms that can squeak through a disproportionately white,
        male, conservative, unrepresentative Senate with 60 votes. Any gains we
        make will be continually under threat by a Supreme Court packed with
        right-wing hacks. Our progress will always be short-term, our
        aspirations will always be limited, and the gap between our promises and
        our ability to deliver meaningful change will continue to undermine
        faith in government. In the worst-case scenario, Republicans will
        successfully subvert enough of our democracy to entrench their
        long-term, minority-rule power permanently.
      
      
        That’s why we have to fix our democracy to make it more responsive to
        the people.
      
      
        In order to pass health care, environmental, immigration, economic, and
        social policies that we want to see, we need a democracy that actually
        reflects the will of all its people. Our job now is twofold:
      
      
        - 
          We have to ensure democracy reform is at the top of the priority list.
        
- 
          We have to ensure that democracy reform is structural to
          rebalance power towards the people. That means fixing the senate,
          fixing the courts, and taking away McConnell's veto so legislating is
          possible.
        
        All of this can be done with simple legislation passed by congress on a
        majority vote and signed into law by President Biden. This chapter
        explains how we get there—not in some far-off future, but
        right now.
        As described in the previous chapter, Congress has a very limited window
        of opportunity to actually pass legislation. To kick off this historic
        period of legislating, first, fix our democracy.
      
      
        What about constitutional amendments?
        
          Unfortunately, some of the structural democracy reforms we need, like
          overturning the Citizens United decision and eliminating the electoral
          college, require a constitutional amendment. We’re focusing on the
          structural reforms that can be accomplished through simple legislation
          because that’s where we have an immediate opportunity. We will
          continue to fight for constitutional reforms in the future.
        
       
      
        What Congress has done so far on democracy reform
      
      
        The good news is that we’re not starting from square one: Democrats have
        been passing democracy reforms in the House since they took the majority
        in 2018. With their House majority in the last Congress (116th), they
        passed the
        For the People Act(H.R. 1), legislation that would get money out of politics, expand
        voting rights, combat corruption, secure our elections, and more.
        Democrats also passed
        The John Lewis Voting Rights Act
        (H.R. 4), which would restore full protections of the 1965 Voting Rights
        act, parts of which were invalidated by the U.S. Supreme Court in 2013.
        And, for the first time ever, the House passed the Washington, D.C.
        Admission Act (H.R. 51), which would admit D.C. into the union as the
        51st state.
      
      
        Each of these would help to unrig our democracy and put power back in
        the hands of Americans. However, they are neither guaranteed to pass
        again, nor is any one of these alone enough to fix our broken democracy.
      
      
        In Congress, it’s one thing to vote for a messaging bill; it’s a whole
        different ball game when a bill has a chance of becoming law.
      
      
        Democracy reform in the next Congress isn’t a given.
      
      
        House Democrats deserve credit for passing these democracy reforms in
        the last Congress, but we can’t assume that they’ll pass now that we
        have a trifecta. The truth is that everyone knew that McConnell
        would block each of these bills in the Senate and that none would become
        law. In Congress, it’s one thing to vote for a messaging bill; it’s a
        whole different ball game when a bill has a chance of becoming law. In
        order to get these democracy reforms passed—or prevent Democrats
        from getting cold feet and severely weakening the reforms—it’s
        going to take a significant amount of outside pressure, a movement, led
        by Indivisibles.
      
      
        Structural reforms: Fix the Senate, Fix the Courts
      
      
         
        Image by Carlos Fernandez
       
      
        The starting point for the democracy reform debate will be the For the
        People Act of 2019 (H.R. 1), since it’s already passed once in the House
        and contains some of the most important and necessary democracy reforms
        we need. Indivisible groups should feel proud of what’s in the For the
        People Act—Indivisible was a founding member of the coalition that
        got it past the finish line. But let’s be honest about something: the
        For the People Act of 2019, as important as it is, won’t be enough. It
        still won’t address the structural biases that favor Republicans and
        that, if ignored, will soon leave Democrats permanently out of political
        power, and without any ability to change the system.
      
      
        That’s why it’s important that Democrats use their trifecta to pass key
        structural reforms. And the two biggest barriers to enacting and holding
        on to popular reforms right now are the Senate and the Courts. So here’s
        a wild idea: let’s try to fix them. Here’s how.
      
      
        Make D.C. a state to bring balance to the Senate.
      
      
        The Senate was designed from the beginning to give disproportionate
        power to land-owning white men; however, we’ve gotten to the point where
        Republicans can permanently maintain control of the Senate
        while representing a shrinking minority of the U.S. population. As more
        and more Americans concentrate in fewer and fewer states, this problem
        (disproportionate political power to a shrinking ideological minority)
        will only become worse. Here’s a shocking figure:
        in 20 years, half the U.S. population will live in just 8 states. That means half the population will have 16 Senators, and the other
        half will have 84 senators. That overrepresented half? It’s whiter, more
        rural, and more conservative—and much more Republican. That’s our
        democracy’s future. That is, unless we start adding states, beginning
        with making D.C. the 51st state. There
        are ton of reasons to make D.C. state, and here are a few:
      
      
        - 
          D.C. has 700,000 residents—that’s more residents than 2 other
          states (Wyoming and Vermont)
        
- 
          D.C. was originally disenfranchised after Reconstruction because white
          political leaders were unwilling to allow an increasingly Black city
          to govern itself. If made a state, it would be the only state in the
          nation to have a plurality of Black residents—which is one of
          reasons Republicans actively oppose statehood.
        
- 
          D.C. residents pay more in taxes than 22 other states. (There’s a
          reason D.C. license plates say “End Taxation Without Representation.”)
        
- 
          D.C. residents WANT statehood—they’ve been fighting for it for
          decades, and most recently voted for statehood in 2016.
        
- 
          House Democrats passed a D.C. statehood bill in 2020 and it has
          overwhelming support among Senate Democrats.
        
        The way to make the Senate more representative of this country is to add
        more states. Statehood is a democracy issue but it’s also a racial
        justice issue.
      
      
        Statehood would be great for D.C. residents, but it would also be great
        for the country as a whole. Making D.C. a state is also about fixing our
        Senate at large—the Senate as designed hands disproportionate
        power to a very small and very white conservative minority. That
        minority has sent Senators to Congress who are well outside of the
        mainstream, and who have blocked broadly popular legislation dealing
        with healthcare, climate change, and other serious issues, all while
        supporting extremists to serve for life in our federal courts.
      
      
        The way to make the Senate more representative of this country is to add
        more states. Statehood is a democracy issue but it’s also a racial
        justice issue. If admitted to the union, D.C. would be the only
        plurality-Black state in the country. This would go a long way towards
        making Congress more responsive to the needs of a diversifying
        electorate.
      
      
        What about Puerto Rico?
        
          We support self-determination for Puerto Rico and the other U.S.
          territories (U.S. Virgin Islands, Guam, the Northern Mariana Islands,
          and American Samoa). They should decide if they wish to become states,
          gain independence, or the status quo. Whatever their people decide, we
          will support their decision.
        
       
      
        With Mitch McConnell’s help, Donald Trump, a man who lost the
        popular vote four years ago, has appointed a quarter of the entire
        federal judiciary to lifetime appointments.
      
      
        Reform and bring balance to the federal courts.
      
      
        For decades, a core part of the conservative political strategy has been
        to remake our federal judiciary into an arm of the Republican Party.
        They’ve been extraordinarily successful at installing right-wing
        ideologues throughout our federal courts, including the Supreme Court.
        Amy Coney Barrett’s political hack job of an appointment process was
        just the tip of the iceberg. Republicans have now appointed 16 of the
        last 20 Supreme Court Justices, including 6 of the 9 sitting justices.
        With Mitch McConnell’s help, Donald Trump, a man who lost the
        popular vote four years ago, has appointed a quarter of the entire
        federal judiciary to lifetime appointments.
      
      
        These reactionary judges, many of whom were rated "
        unqualified
        ” to serve as judges, act as a backstop undoing any meaningful policy
        changes that challenge conservative power. It’s simple: if reactionaries
        control our courts, then they can strike down anything from health care
        and abortion rights to any of the democracy reforms in For the People
        Act.
      
      
        In fact, Republicans are counting on it. The GOP now understands just
        how unpopular their anti-healthcare, anti-abortion, anti-worker, and
        anti-racial justice platform is. That’s why they’re counting on
        unelected judges to implement their agenda for them.
      
      
        If we don’t restore balance to the judiciary, the Supreme Court will
        quickly strike down all the legislation we’ve fought for. The courts
        will act to keep power in the hands of Republicans, even when they lose,
        and to further erode protections for everyone else.
      
      To bring balance back to the courts, Congress should:
      
        - 
          Unpack the Supreme Court by expanding its size by at least 4 justices.
        
- 
          Expand the lower courts to depoliticize them, diversify them, and
          reduce caseloads
        
- Impose term limits for Supreme Court justices.
- 
          Bolster ethics and transparency requirements for all federal judges,
          including Supreme Court justices.
        
        
           
          Image by G. Ronald Lopez
         
        
           
          Image by Gabriele Holtermann
         
       
      
        We need to take away McConnell’s veto to succeed
      
      
        Make no mistake, Mitch McConnell will do everything in his power, and
        use every procedural tool available to him, to block as much of the
        Biden agenda as possible. That means that even with a trifecta,
        Democrats will be unable to pass democracy reforms unless they disarm
        McConnell by taking away his veto in the Senate—the legislative
        filibuster.
      
      
        McConnell will use the filibuster to kill all legislation.
      
      
        The
        filibuster
        is an arcane—but not sacred—Senate rule that allows the
        minority party to block legislation by requiring 60 votes instead of a
        simple majority. If it remains, Mitch McConnell will be able to use it
        to block Democrats from passing democracy reforms, or any of the other
        things on their agenda for that matter. If there’s any doubt about Mitch
        McConnell’s intentions,
        this is how he said he’d deal with Democratic bills in 2021:
      
      
      
        They won't even be voted on. So think of me as the Grim Reaper: the
        guy who is going to make sure that socialism doesn't land on the
        president's desk.
        
        
-Mitch "The Grim Reaper" McConnell
      
      
        Democrats can get rid of the filibuster with a simple majority vote.
      
      
        Just as Mitch McConnell got rid of the filibuster for Supreme Court
        nominees in order to confirm Neil Gorsuch, Democrats can get rid of the
        legislative filibuster with a simple majority. When McConnell attempts
        to block Biden’s agenda, and we expect he will, Democrats must get rid
        of the filibuster in order to deliver on their promises to American
        voters.
      
      
        There is no better alternative to eliminating the filibuster, and we’re
        not the only ones who think so. Former Senate Majority Leader Harry
        Reid, who witnessed firsthand how Republicans abused the filibuster, has
        called for its elimination. Our progressive champions in the Senate,
        like Elizabeth Warren and Bernie Sanders, have also argued for the end
        of the filibuster. Recently, even former president Barack Obama spoke
        out about the damage the filibuster has done to our country, calling the
        rule a “Jim Crow relic” whose time had come.
      
      
        We know that more moderate Democratic Senators, whose votes would be
        required to reach that majority threshold, have said they oppose
        eliminating the filibuster. But we’re not giving up; the very survival
        of our democracy is at stake! So every time Mitch McConnell uses the
        filibuster to block something good, it'll be another chance for us to
        make the case against the filibuster until we’ve built up enough
        momentum to eliminate it.
      
      
        We can do it, and we can do it this year, but it’s going to take all of
        you pushing and demanding and insisting that Democrats must not
        voluntarily hand over their power to McConnell.
      
      Reconciliation is too limited a tool.
      
        It is possible to pass some limited legislation with 50 votes using
        budget reconciliation
        , and some Democrats think this is a safer strategy than getting rid of
        the filibuster. However, there are severe limitations to using
        reconciliation that would prevent us from enacting the transformative
        policy changes we need, including on democracy. For one, reconciliation
        is tied to the budget and so there are a limited number of
        reconciliation bills that can be passed (one per budget, essentially
        meaning one or two per year). Plus reconciliation can only be used for
        policy changes that directly impact government taxing and spending,
        severely narrowing what’s possible—and leaving out many of the
        things we critically need, likely including the most impactful pieces of
        structural democracy reforms.
      
      
        So unless Democrats only plan to pass a couple of budget-related bills,
        they’ll have to contend with the filibuster no matter what.
      
      Roadmap to success: the first 100 days
      
        If we’re successful in 2021, we should expect to see Democrats rapidly
        pass a series of bold progressive pieces of legislation, beginning with
        a recovery package that matches the scale of the crisis, followed by
        structural democracy reforms. And the filibuster would be eliminated at
        McConnell’s first attempt to block these bills.
      
      
        Below is a sample timeline of what a good use of a Democratic trifecta
        would look like in the first 100 days:
      
      
        - 
          January 3, 2021
 The new Congress is sworn in
- 
          January 11-15, 2021
 Indivisibles across the country hold The People Lead actions targeting
          their members of Congress demanding democracy reforms.
- 
          January 20, 2021
 Joe Biden is sworn in.
- 
          January 20-early February
 Congress passes a bold recovery package that provides immediate relief
          for American families:
            - 
              The process begins in the House where Republicans attempt to slow
              it down, attack it as socialism or for being too radical, or raise
              dubious concerns about the deficit. They disingenuously claim that
              they could support a smaller-scale bill, which we know will be
              insufficient to deal with the economic crisis.
            
- 
              Having learned their lessons from 2009 and from Republicans’
              unwillingness to pass meaningful COVID relief throughout 2020,
              House Democrats stay united and pass their bold recovery package
              on a party-line vote, sending it to the Senate for action.
            
- 
              McConnell refuses to cooperate, using the filibuster to block
              Democrats from proceeding to a vote on the bill.
            
- 
              Democrats in the Senate stay united and use their majority to
              eliminate the filibuster in order to pass a recovery bill that
              matches the scale of the problem we face
            
 
- 
          February/March-April 2021
 Democrats introduce an updated For the People Act, which includes both
          DC statehood and at least the first steps on court reform.
            - 
              House Democrats move the bill quickly through committees and onto
              the floor where they stay united against Republican attempts to
              weaken the bill.
            
- 
              House Democrats pass it with another party-line vote and send it
              to the Senate.
            
- 
              McConnell attacks the bill as a Democratic power grab and attempts
              to strip out the biggest pieces of it.
            
- 
              Reactionary Tea Party 2.0 protestors target Democrats during the
              February and March recesses, but they are outmatched by
              progressive activists, led by Indivisible Groups, who show up in
              support of democracy reforms
            
- 
              Senate Democrats stay united and pass a bold democracy bill and
              send it to President Joe Biden for signature.
            
 
- 
          March-July 2021
 Democrats continue to move quickly through the biggest pieces of their
          agenda, including further action on climate, immigration, health care,
          etc.
        What about my top priority policy issues?
        
          As we’ve said, democracy reform is the solution to a variety of
          problems. Until we fix our democracy, we can’t win permanent,
          legislative solutions for everything else we care about. But we know
          the unraveling of our democracy is not the only threat we face, and
          our governing agenda does not stop once we’ve won broad democracy
          reforms.
          See here to learn more about our other policy priorities.