The hyperpartisanism in American politics exists because the founding principle of “consent of the governed” has been circumvented. The US Constitution was designed with checks and balances and a consensus of three-fifths, two-thirds, or three-fourths votes to prevent moneyed interests from using the government. This is often referred to as a “super-majority.” Further, a bill would need to be passed in two houses, the House representing the a consensus of people and (before the 17th Amendment) a consensus of the states. This was to ensure the bill was in both the interests of the people and the states. The “consent of the governed” is what makes a government legitimate in the eyes of its citizens.
A System Off Its Rails
The United States system of government by consent has gone off its constitutional rails. I say “rails” because the Constitution defines the framework and boundaries of legislation. These boundaries, or rails, were established both to protect the citizens from themselves, and to prevent special interests from controlling legislation. In the United States today almost no legislation is passed by consent of the governed and nearly everything is passed by special interests. Thus the system is not considered legitimate by large numbers of citizens.
While, the Constitution created no vehicles for the representation of moneyed interests or corporations, legislators have gradually figured out ways to serve them, rather than the people who elect them. Numerous rules of legislation, laws, and even constitutional amendments have created a new set of rails for special interest legislation and political parties have become the trains that deliver it.
