AP U.S. Government and Politics: Argument Essay

The trustee model of legislative representation is the best reflection of the founders’ intentions in setting up American democracy because it offers the best hope for what the Preamble to the Constitution calls “a more perfect union,” one that will bring together war- ring factions and increase harmony.

As James Madison pointed out in Federalist 10, it is inevitable that a republic will contain many groups which vehemently disagree. The bigger a country grows, the more frequent and violent factional clashes are likely to become. Madison was looking ahead to the U.S. that would burst the bounds of the original colonies and create more factionalism. This vision of an expanding, clashing nation makes the trustee model very appealing. A trustee Congressperson is one who will listen to all sides, make an independent judgment, but then go on to explain it so that opponents may be persuaded to change their minds, thus bringing resolution to conflicts.

A trustee is a representative willing to do the principled thing even if the public thinks otherwise. Many issues in our history have seemed so polarized that they were beyond resolution and could not wait for popular consensus. This was the case with civil rights issues and legislation in the 1960s. Technically, African Americans had the right to vote since the passage of the Fifteenth Amendment in 1870. However, this right was violently suppressed through intimidation tactics and a variety of restrictive measures such as poll taxes and literacy tests. It was not until the passage of the Voting Rights Act of 1965 that substantial voting protections were extended to all black people. The Voting Rights Act outlawed literacy tests and other tactics; under this act, federal officials were sent to the South to ensure that African Americans were allowed to vote free from fear and intimidation, and the election practices of local governments were held under greater scrutiny. Civil rights movement leaders had challenged discriminatory practices for decades, but due to intense polarization in society, there was no public consensus on how to address racism in voting practices or even agreement as to whether to address it at all. Legislators had to go against the opinions of the majority in order to act in a way that advanced American ideals for all citizens, and the public eventually caught up.

Similarly, legislators pushed through the Civil Rights Act of 1964 which was supported by people within social movements but not by the general populace. Additionally, the Civil Rights Act of 1964 touched on the goals of not just the civil rights movement but also the women’s rights movement; for example, Title VII of the Civil Rights Act prohibited sex discrimination in public accommodations. Members of these movements had been working for years to get society at large to expand rights and protections to all people. However, if legislators had waited to act until a majority of their constituency approved of these civil rights bills, the bills may never have passed. In this way, the trustee model can be used to uphold the rights of the minority despite majority resistance.

The trustee idea would have been opposed by Brutus and other Anti-Federalists. Brutus 1 warns that a large republic would necessarily be disconnected from its people. Following this logic, a concern with the trustee model would be that the representative would deviate too far from the will of the people and become despotic. But it is important to note that the people have the ultimate voice if they disagree with the trustee’s judgments: the power of the ballot. The legislator’s desire to stay in power is a strong check on him or her, acting as an incentive to listen to constituents.

All in all, the trustee is in the best position to reduce the intense factionalism Madison feared. Even before the advance of mass media, the trustee had many means to learn of the people’s different views and to explain why the legislator was voting a certain way, or advancing this or that philosophy. This give and take of ideas surely helped to get the republic through its rocky early decades, and also helped the country to recover from the volatile growing pains and changes in the mid-twentieth century by finding ways to bring people together and advance equal rights for all.