Steven M. Teles, "Minoritarianism Is Everythwere,: National Affairs, spring 2025
In search of the tyranny of the minority, one would be well advised to skip over the nation's capital and look instead to the crazy quilt of jurisdictions in which America's decisions about land use and infrastructure development are made. A growing field of scholarship has shown that America's unusually high level of local control over these decisions has led to a crippling undersupply of housing, coupled with dramatically higher costs for transportation and energy projects aimed at reducing carbon emissions.
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A recent report by University of Chicago professor Christopher Berry shows that only a fifth to a quarter of citizens participate in mayoral elections in major cities, that turnout in school-board elections is in the single digits, and that participation in special-district elections is even lower. Those who do turn out tend to be whiter, richer, and older than the electorate as a whole.
Participation is exceptionally high, however, for one group in particular: members of public-sector unions. Ordinary citizens' relatively low election-participation rates provide government's own employees with an enormous comparative advantage, as they have the means, motive, and institutional context to exercise disproportionate power over local governing decisions.
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The structure of American law leads to a peculiar form of lawmaking. Weak party discipline and congressional individualism make it exceptionally difficult for lawmakers to construct coalitions. Legislators under these conditions have strong incentives to avoid blame. Thus the laws they write have become increasingly vague, often delegating significant lawmaking authority to executive agencies. Having been passed the legislative buck, those agencies in turn transfer a great degree of rulemaking responsibility to professional organizations, whose members fill in the details with codes of "best practice" behind closed doors.
