There has been much talk of late about the institution of American democracy and what it takes to preserve it. This discussion has focused largely on the formal legal basis for democratic institutions embodied in the Constitution of the United States. Institutions, however, do not rely solely on law. Citizens have an important role in upholding the less formal — but supremely important — norms of American democracy.
First, it is important to acknowledge that the phrase “American democracy” can be partially described by our specific form of democratic republic, in which the Constitution governs formal actors like legislators, the judiciary and the president of the United States, who have specific roles in forming constitutional law, interpreting it and executing its provisions. However, the concept of “American democracy” extends beyond structure and describes a much deeper way of life for American citizens.
The concept of an institution recognizes, according to a Nobel Prize-winning framework developed by political scientist Elinor Ostrom, the role of both laws and norms. Laws (such as the U.S. Constitution) are formally adopted sets of rules that determine what an actor may, may not, or must do; provide a rationale for such action; and outline the consequences for failing to adhere to this prescription. For example, the First Amendment to the Constitution provides that Congress cannot create laws that unduly restrict freedom of religion, speech, press and assembly, or else the Supreme Court can strike down such laws as unconstitutional.
While laws specify what governments may or may not do, norms shape what citizens choose to do. Norms are less formalized — and therefore sometimes less visible — expectations about institutional behaviors. Unlike laws, norms do not have formally specified consequences for failure to comply. They are often unwritten expectations about behavior that form the social expectations within an institution.
For example, while the Constitution determines what our government can and cannot do to preserve our American democracy, it rarely prescribes what citizens should do. However, in America we have a robust set of social expectations about the rights, privileges, roles and responsibilities of the citizenry. These are the norms of American democracy.
As a citizen, there is no law that says I must support the freedom of religion by creating space for people whose beliefs differ from my own. But George Washington stated that “every man, conducting himself as a good citizen, and being accountable to God alone for his religious opinions, ought to be protected in worshipping the Deity according to the dictates of his own conscience.”
I am not legally bound to honor the holy spaces of others, to make room for their beliefs and practices, or to respond to their religious speech with peace, tolerance and respect. But the norm of religious freedom creates a powerful social force encouraging me to do so.
As a citizen, there is no law that compels me to create and preserve forums where free speech is honored and where diversity of opinion is valued. But “to suppress free speech is a double wrong,” writes Frederick Douglass. “It violates the rights of the hearer as well as those of the speaker.”
The norm of free speech invites me to respect the right of others to share their opinions even as I share my own and to speak in dissent of the actions of my elected officials when I feel they do not represent my interests.
As a citizen, there is no law that compels me to support the free press by reading, evaluating, subscribing to or financially supporting outlets that produce news and opinion content. But the norms of American democracy suggest that, in the words of Thomas Jefferson, “Whenever the people are well-informed, they can be trusted with their own government.”
As a citizen, there is no law that prevents me from behaving in an individualistic manner. However, the norms associated with freedom of assembly invite me to create community by gathering with others in schools, churches, community events, social gatherings and when needed, peaceful political protests. As Alexis de Tocqueville observed, “after disturbing the State for a time, liberty of association strengthens it.”
Norms are powerful because they help us understand the role of citizens in maintaining a culture of democratic ideals. They describe a free, self-regulatory system by which we govern our own actions according to principles and values that we share. The more we uphold our essential and daily role in upholding the norms of American democracy as citizens, the stronger the institution of our American democracy will remain.