Cite as: 588 U. S. ____ (2019)
7
KAGAN, J., dissenting
House seats—including the once-reliably-Republican Sixth
District.
B
Now back to the question I asked before: Is that how
American democracy is supposed to work? I have yet to
meet the person who thinks so.
“Governments,” the Declaration of Independence states,
“deriv[e] their just Powers from the Consent of the Governed.” The Constitution begins: “We the People of the
United States.” The Gettysburg Address (almost) ends:
“[G]overnment of the people, by the people, for the people.”
If there is a single idea that made our Nation (and that
our Nation commended to the world), it is this one: The
people are sovereign. The “power,” James Madison wrote,
“is in the people over the Government, and not in the
Government over the people.” 4 Annals of Cong. 934
(1794).
Free and fair and periodic elections are the key to that
vision. The people get to choose their representatives.
And then they get to decide, at regular intervals, whether
to keep them. Madison again: “[R]epublican liberty” demands “not only, that all power should be derived from the
people; but that those entrusted with it should be kept in
dependence on the people.” 2 The Federalist No. 37, p. 4
(J. & A. McLean eds. 1788). Members of the House of
Representatives, in particular, are supposed to “recollect[ ]
[that] dependence” every day. Id., No. 57, at 155. To
retain an “intimate sympathy with the people,” they must
be “compelled to anticipate the moment” when their “exercise of [power] is to be reviewed.” Id., Nos. 52, 57, at 124,
155. Election day—next year, and two years later, and
two years after that—is what links the people to their
representatives, and gives the people their sovereign
power.
That day is the foundation of democratic
governance.