Ford School professor Jenna Bednar coauthored a commentary in Foreign Affairs with Mariano-Florentino Cuéllar about the guardrails and protections against "tyranny from the top" inherent in American elections because of our federal system.
Bednar wrote, "With the memory of the violent January 6, 2021, insurrection at the Capitol still fresh, many voters fear that the peaceful transfer of power will again be under attack." She said, "Many may fear that a single, partisan-controlled state could potentially try to thwart the election outcome. These anxieties have led to calls to centralize the rules, processes, and even the administration of elections."
However, she said, "States can also safeguard American democracy—including in a contested presidential election."
"Precisely because of state powers, it is actually much harder for any candidate or party to steal a presidential election." Bednar cited James Madison in The Federalist Papers, no. 45, and explained how "For the founders, allowing states to maintain a preponderance of power provided a “double security” against tyranny; if fragmentation of the national government was insufficient to prevent a tyrant, the resistance from the states would both enfeeble the would-be tyrant and, by sounding a cry of alarm, cause the public to turn away from the despot."
"The larger reality," said Bednar "is that the democratic guardrails on which the U.S. election system depends—a system whose health and stability have global implications—remain crucially with the states."
She concluded, "For those who fear a frayed electoral process, or a leader who could pose serious threats to the future of American democracy, the independence of states will be pivotal in keeping the country resilient."
