Vermont’s at-large Congresswoman hosted a panel discussion on the future of democracy Tuesday evening.
Convening a panel of five experts in constitutional law, the courts and government relations, Congresswoman Becca Balint framed the conversation about democracy in stark terms. The Democrat says the country has never before dealt with an executive branch following an authoritarian playbook.
“The framers of our Constitution never imagined that Congress would willingly give up its power to the executive. That’s why it’s so scary. Because my colleagues are willing to give up the power of the purse and the power around declaring war and clawing back money that Congress has legally spent and passing executive orders that are clearly illegal,” Balint said.
The conversation at the Winooski High School Theater held particular resonance a few days before Independence Day. It featured Former Vermont Supreme Court Associate Justice Marilyn Skoglund moderating the discussion that covered topics ranging from privacy to U.S. credibility to protecting democracy. Skoglund introduced the session explaining that democracy is a system of government that gives power to the people through participation.
“What’s critical is the protection of free and fair elections, protection of civil liberties and the abilities of citizens to hold their leaders accountable.”
Vermont Law and Graduate School President Rodney Smolla retired from that position the day before the panel met. A constitutional expert, he was also the lead attorney representing Dominion Voting in its lawsuit against Fox News. He was asked how constitutional principles safeguard our democracy.
“The Constitution doesn’t matter. Due process doesn’t matter. Democracy doesn’t matter. Freedom of speech doesn’t matter. That’s just words on paper,” Smolla said. “It only matters if independent judges retain the power and the courage to enforce what is in there and then if the government obeys.”
Panelists were asked for their thoughts on whether the country’s credibility has been compromised since the Trump Administration was sworn in. Vermont Institute of Community & International Engagement Executive Director Eric Agnero, originally from the Ivory Coast, bluntly said yes.
“It’s dangerous what is going on. A lot of freedom fighters are being jailed because what is Washington going to do?” posed Agnero. “What’s going on?”
The panelists were asked if Vermont’s constitutional protections could be overridden by changes at the federal level. Smolla said states are free to do what they want.
“Despite the Dobbs decision for example removing abortion from the United States Constitution, many states including Vermont have secured it and that’s the genius of our federal system,” Smolla explained. “So the answer is states can, if they have the will, protect rights that may have been lost at the federal level.”
Vermont Secretary of State Sarah Copeland Hanzas:
“It is a really unsettling place to be in 2025 when your ability to exist as a free human being is different when you cross over a state line. And I want to acknowledge how unsettling that is and how wrong it is.”
Panelists also waded into whether the electoral college could be reformed. Smolla said the problem is how to go about it.
“You could have a Constitutional amendment. Good luck with that project,” Smolla noted. “ But I will tell you an ingenious potential workaround that has been in the works for a while. It’s an interstate compact in which a group of states get together and say we will give all of our electoral votes to whoever wins the national vote. And if enough states signed onto the compact then in theory we would effectively abolish the electoral college.”
Secretary of State Copeland Hanzas noted that Vermont is a part of that National Popular Vote effort.
