(4) The flawed electoral rules impair fairness and justice
4.選舉規則缺陷損害公平正義
The US presidential election follows the time-honored Electoral College system, where the president and vice president are not elected directly by popular vote, but by the Electoral College consisting of 538 electors. The candidate who achieves a majority of 270 or more electoral votes wins the election. The flaws of such an electoral system are self-evident. First, as the president-elect may not be the winner of the national popular vote, there is a lack of broader representation. Second, as each state gets to decide its own electoral rules, this may create confusion and disorder. Third, the winner-takes-all system exacerbates inequality among states and between political parties. It leads to a huge waste of votes and discourages voter turnout. Voters in "deep blue" and "deep red" states are often neglected, while swing states become disproportionately more important where both parties seek to woo more supporters.
美國總統選舉遵循古老的選舉人團制度,總統和副總統并非由選民直接選出,而是由選舉人團投票決定。美國現有選舉人票538張,贏得超過一半選舉人票(270張)的候選人即當選總統。這種選舉制度弊端十分明顯:一是當選總統可能無法贏得多數普選票,代表性不足;二是具體選舉規則由各州自行決定,易發生亂象;三是“贏者通吃”制度加劇各州地位不平等、各黨地位不平等,造成巨大選票浪費并抑制投票率,深藍州、深紅州選民往往遭忽視,搖擺州獲得相對非對稱重要性,成為兩黨競相拉攏的對象。
There have been five presidential elections in US history in which the winners of nationwide popular vote were not elected the president. The most recent case was the 2016 presidential election in which Republican candidate Donald Trump won 62.98 million popular votes or 45.9% of the total, while Democratic candidate Hillary Clinton won 65.85 million or 48% of popular votes. Although Trump lost the popular vote, he won 304 electoral votes while Clinton secured only 227, which gave Trump his presidency.
美國歷史上出現過5次贏得了全國普選票卻輸掉總統選舉的情況。最近的一次是,2016年大選共和黨總統候選人唐納德·特朗普獲得6298萬多張普選票,得票率45.9%。民主黨總統候選人希拉里·克林頓獲得6585萬多張普選票,得票率48%。特朗普雖然輸掉普選票,但贏得304張選舉人票,希拉里僅獲得227張選舉人票,特朗普以選舉人票數優勢當選總統。
Another flaw of the electoral system widely acknowledged by the US public is gerrymandering. In 1812, Governor of Massachusetts Elbridge Gerry signed a bill in the interest of his own party, creating in his state an odd-shaped electoral district that was compared to a salamander. Such practice was later called gerrymandering, which refers to an unfair division of electoral districts in favor of a particular party to win as many seats as possible and cement its advantage. The US conducts a census every ten years. Following the completion of the census, redistricting or the redrawing of electoral district boundaries will take place under the principle of maintaining roughly equal population in every voting district while considering demographic shifts. Under the US Constitution, each state legislature has the power to redistrict. This leaves room for the majority party in state legislatures to manipulate the redrawing of electoral districts. Two principal tactics are often used in gerrymandering. One is "packing", i.e. concentrating the opposition party's voters in a few districts, thus giving up these districts to secure the others. The other is "cracking", i.e. splitting up areas where the opposition party's supporters are concentrated and incorporating them into neighboring districts, thus diluting votes for the opposition party.
美國民眾公認的選舉制度另一大弊病是“杰利蠑螈”。1812年,馬薩諸塞州州長杰利為謀求本黨利益,簽署法案將州內一個選區劃成類似蠑螈的極不規則形狀。這種做法后被稱為“杰利蠑螈”,即指通過不公平的選區劃分,幫助本黨贏得盡可能多的議席,鞏固優勢地位。美國每10年進行一次人口普查,然后按“各選區人口大致相等”原則并結合人口變化情況重新劃分選區。美國憲法將劃分選區的權力賦予各州立法機構,為州議會多數黨“杰利蠑螈”提供操作空間?!敖芾旙ⅰ敝饕績煞N操作,一是“集中”,即盡可能將反對黨選民集中劃入少數特定選區,犧牲這些選區以換取其他選區絕對安全;二是“打散”,即將反對黨選民相對集中的地區拆分劃入周邊不同選區,從而稀釋反對黨選票。
On 27 September 2021, the Democratic-governed state of Oregon became the first in the country to complete redistricting. Electoral districts firmly in the hands of the Democratic Party have increased from two to four, and swing districts reduced from two to one. This means that the Democratic Party can control 83% of the state's congressional districts with 57% of voters. On the contrary, the Republican-controlled state of Texas, with new electoral district boundaries determined on 25 October 2021, has seen districts held by Republicans grow from 22 to 24 and swing districts shrink from six to one. The Republican Party now occupies 65% of state House seats with just 52.1% of voters.
民主黨主政的俄勒岡州于2021年9月27日在全美率先完成選區重新劃分,民主黨牢牢控制的選區由原來的2個增至4個,“搖擺選區”由2個減至1個,這意味著該黨可憑借57%的實際選民占比,控制該州83%的國會選區。反之,共和黨控制的得克薩斯州于今年10月25日確定新的選區劃分,牢牢控制的選區由原來的22個增至24個,“搖擺選區”由原來的6個減為1個,共和黨可憑借52.1%的實際選民占比,占據該州65%的國會眾議院席位。
According to a YouGov poll in August 2021, just 16% of US adult citizens say they think their states' congressional maps would be drawn fairly, while 44% say they think the maps would be drawn unfairly and another 40% of adults say they are unsure if the maps will be fair. As US politics grows more polarized, both the Republican and Democratic parties are seeking to maximize their own interests, and gerrymandering becomes the best approach.
2021年8月YouGov輿觀調查網民調顯示,僅16%選民認為本州能夠公平劃分選區,44%認為不能,其余40%表示不確定。隨著美政治極化加劇,兩黨均竭力謀求自身利益最大化,“杰利蠑螈”成為不二選擇。
The superdelegate system of the Democratic Party is also an impediment to fair election. The superdelegates include major Democratic leaders, members of the Democratic National Committee, Democratic members of Congress, and incumbent Democratic governors, and are seated automatically. The superdelegates may support any candidate they choose or follow the will of the Party leadership without giving any consideration to the wishes of the general public. The late political analyst Mark Plotkin wrote on The Hill that the "Democrats' superdelegate system is unfair and undemocratic", and "the process of eliminating this elitist exercise should immediately begin".
民主黨的“超級代表”制度也阻礙選舉公平?!俺壌怼庇擅裰鼽h主要領袖、全國委員會成員、參議院和眾議院所有民主黨議員、民主黨現任州長組成,提前“內定”產生,其投票意向完全根據個人喜好和黨內高層意志,無法反映民意?!秶鴷綀蟆氛螌<荫R克·普洛特金撰文表示,美國總統選舉民主黨黨內初選中的“超級代表”制度既不公正也非民主。這樣的“精英做法”應該立即被廢除。
(5) Dysfunctional democracy triggers trust crisis
5.民主制度失靈引發信任危機
The American-style democracy is more like a meticulously set up scene in Hollywood movies where a bunch of well-heeled characters publicly pledge commitment to the people, but actually busy themselves with behind-the-scene deals. Political infighting, money politics, and vetocracy make it virtually impossible for quality governance to be delivered as desired by the general public. Americans are increasingly disillusioned with US politics and pessimistic about the American-style democracy.
美式民主如同好萊塢刻意布置的場景,展現的都是精心打造的人設,臺前大喊人民、背后大搞交易,黨同伐異、金錢政治、否決政治根本不能帶來民眾所希望的高質量治理。美國民眾對美國政治愈發反感,對美式民主愈發消極。
A Gallup survey in October 2020 shows that only 19% of the Americans surveyed are "very confident" about the presidential election, a record low since the survey was first conducted in 2004. In November 2020, an online Wall Street Journal report argues that the 2020 general election can be seen as the culmination of a two-decade decline in faith in democracy in the US.
2020年10月,美國蓋洛普民調公司調查顯示,對總統選舉非常有信心的美國受訪者比例僅有19%,創下自2004年以來該調查的最低紀錄。11月,《華爾街日報》網站指出,在2020年大選中,人們對美國民主制度的信心下降到20年來最低點。
According to a poll by The Associated Press-NORC Center for Public Affairs Research, only 16% of Americans say democracy is working well or extremely well; 45% think democracy isn't functioning properly, while another 38% say it's working only somewhat well. A Pew Research Center survey finds that just 20% of Americans say they trust the federal government just about always or most of the time.
根據美聯社-NORC公共事務研究中心的一項民意調查,只有16%的美國人表示民主運作良好或非常好,45%的美國人認為民主運作不正常,而另外38%的美國人認為民主運作得不太良好。美國皮尤研究中心調查顯示,僅有20%的美國人一直或多數時候都信任聯邦政府。
A Brookings online article in May 2021 indicates that the certification of the 2020 election results by all 50 states still leaves 77% of Republican voters questioning the legitimacy of President Biden's election victory due to allegations of voter fraud. This is the first time such things happen since the 1930s. A CNN poll in September reveals that 56% of Americans think democracy in the US is under attack; 52% reply they are just a little or not at all confident that elections reflect the will of the people; 51% say it's likely that elected officials in the next few years will overturn the results of an election their party did not win.
2021年5月,布魯金斯學會網站撰文指出,在2020年大選結束后,美國全部50個州認證選舉結果,但仍有77%的共和黨選民以選票欺詐為由質疑拜登當選總統的合法性。這是自20世紀30年代以來第一次。9月,美國有線電視新聞網(CNN)民調顯示,56%的美國民眾認為美國民主“正在遭受攻擊”,52%認為選舉沒有或很少反映民意,51%認為未來幾年美國官員可能因本黨敗選而推翻選舉結果。
A 2021 Pew survey conducted among 16,000 adults in 16 advanced economies and 2,500 adults in the US shows that 57% of international respondents and 72% of Americans believe that democracy in the US has not been a good example for others to follow in recent years.
2021年,皮尤對16個發達經濟體的1.6萬人和2500名美國人的調查結果顯示,57%的國際受訪者和72%的美國人認為美國已經不是可供他國效仿的“民主典范”。
2. Messy and chaotic practices of democracy
(二)民主實踐亂象叢生
That democracy in the US has gone wrong is reflected not only in its system design and general structure, but also in the way it is put into practice. The US is not a straight A student when it comes to democracy, still less a role model for democracy. The gunshots and farce on Capitol Hill have completely revealed what is underneath the gorgeous appearance of the American-style democracy. The death of Black American George Floyd has laid bare the systemic racism that exists in American society for too long, and spurred a deluge of protests rippling throughout the country and even the whole world. While the COVID-19 pandemic remains out of control in the US, the issue of mask-wearing and vaccination has triggered further social division and confrontation. Dividends of economic growth are distributed unfairly, and income growth has stalled for most ordinary people for a long period of time. The American-style democracy can hardly uphold public order and ethics, nor advance public well-being to the fullest.
美國民主的異化不僅表現在制度設計等結構性層面,更體現在其實踐中。美國不是民主的優等生,更遑論“民主典范”。國會山的槍聲與鬧劇徹底揭開美式民主的華麗外衣。黑人弗洛伊德之死揭露了美國社會長期存在的系統性種族歧視,激起全美乃至全世界此起彼伏的抗議浪潮。新冠疫情持續失控,是否戴口罩、打疫苗成為社會分裂和對立的新導火索。經濟發展紅利分配不均,普通民眾收入長期停滯。美式民主難以有效維護公序良俗,無法充分提供公共福祉。
(1) The Capitol riot that shocks the world
1.國會暴亂震驚全球
On the afternoon of 6 January 2021, thousands of Americans gathered on Capitol Hill, Washington, D.C. and stormed the Capitol building in a bid to stop the joint session of the Congress from certifying the newly-elected president. The incident interrupted the transfer of US presidential power, leaving five dead and over 140 injured. It is the worst act of violence in Washington, D.C. since 1814 when the British troops set fire to the White House, and it is the first time in more than 200 years that the Capitol was invaded. Senate Republican leader described it as a "failed insurrection". A scholar from the US Council on Foreign Relations (CFR) exclaims that the US is not nearly as unique as many Americans believe, and that the Capitol riot should put an end to the notion of American exceptionalism, of an eternal shining city on a hill.
2021年1月6日下午,數千名美國民眾聚集在華盛頓國會山并強行闖入國會大廈,以阻止美國國會聯席會議確認美國新當選總統。事件導致美總統權力過渡進程中斷并造成5人死亡,140多人受傷。此次事件是自1814年白宮遭英軍縱火焚燒以來華盛頓最嚴重的暴力事件,200余年來國會大廈首次被占領。美國國會參議院共和黨領袖將這一事件稱為“失敗的叛亂”。美國對外關系委員會學者驚呼,美國不像許多美國人想的那樣與眾不同,國會暴亂事件應給“美國例外論”和“山巔之城”的說法畫上句號。
The assault on the Capitol has undermined the three major bedrocks of the American-style democracy. First, "democracy" in the US is not democratic as it claims. The refusal of some US politicians to recognize the election results and their supporters' subsequent violent storming of the Capitol building have severely undercut the credibility of democracy in the US. Second, "freedom" in the US is not free as it claims. Twitter, Facebook and other social media platforms suspended the personal accounts of some US politicians, a de facto announcement of their "death on social media". This has bust the myths of "freedom of speech" in the US. Third, the "rule of law" in the US is not bound by the law as it claims. The totally different attitudes taken by US law enforcement agencies toward the "Black Lives Matter" (BLM) protests and the Capitol riot are yet another reminder of the double standards in the US "rule of law".
沖闖國會事件動搖了美式民主制度三大基石。一是所謂“民主”并不民主。美國一些政客拒絕承認選舉結果,其支持者暴力沖闖國會大廈,重挫美國民主“公信力”。二是所謂“自由”并不自由。推特、臉書等社交媒體凍結美國一些政客的個人賬號,宣布其“社交性死亡”,戳破美“言論自由”的假象。三是所謂“法治”并不法治。美執法部門對待“黑人的命也是命”示威抗議和沖闖國會事件態度一嚴一寬,不同執法尺度再次暴露美“法治”的雙標本性。
The assault on the Capitol sent shock waves throughout the international community. While deploring the violence, many people also expressed disappointment at the US. British Prime Minister Boris Johnson tweeted that what happened in the US Capitol were "disgraceful scenes". French President Emmanuel Macron said that "in one of the world's oldest democracies ... a universal idea – that of ‘one person, one vote' – is undermined." South African President Cyril Ramaphosa commented that it "shook the foundations" of democracy in the US. Former Indonesian President Susilo Bambang Yudhoyono tweeted that the political farce in the US offers much food for thought, and that there is no perfect democracy, especially when it comes to its practices.
沖闖國會事件震驚了國際社會,“哀其不幸,怒其不爭”。英國首相約翰遜發推特表示,美國國會發生的事件非??蓯u。法國總統馬克龍講話稱,在世界最古老民主國家之一的美國,“一人一票”的普世價值正遭受重創。南非總統拉馬福薩表示,這動搖了美國民主的基礎。印尼前總統蘇西洛發推特表示,美國政治鬧劇值得深思,沒有完美的民主制度,民主實踐更不完美。