Barbara McQuade on Strengthening the Rule of Law and America’s Democratic Institutions
JUDJ-Prepared Summary from September 2, 2026 | The Fix: Saving America From the Corruption of a Mob-Style Government. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, Barbara McQuade, former U.S. Attorney for the Eastern District of Michigan, University of Michigan law professor and author, examined vulnerabilities in America’s democratic institutions and potential ways to strengthen them. Drawing from her new book, The Fix: Saving America from the Corruption of a Mob-Style Government, McQuade moved beyond identifying problems to discuss reforms she believes could better protect the rule of law.
When Norms Are No Longer Enough
One of McQuade’s central concerns is the difference between laws and norms. Some important safeguards in American government are not explicitly required by statute. Instead, presidents and other public officials have traditionally followed them because they were considered essential to responsible government.
Justice Department independence is one example. McQuade explained that reforms following Watergate established norms designed to prevent partisan politics from influencing individual criminal cases and to limit communications between the White House and Justice Department about specific prosecutions.
McQuade argues that some of these traditions should now be strengthened through formal rules, including greater transparency surrounding White House contacts with the Justice Department and protections against considering political beliefs or affiliations in prosecutorial decisions.
Reforming All Three Branches
McQuade offered proposals touching each branch of government.
For Congress, she advocated reducing partisan gerrymandering through independent citizen redistricting commissions. She argued that heavily partisan districts can leave elected officials more concerned about primary challenges than competition in general elections.
For the executive branch, McQuade proposed giving some post-Watergate Justice Department norms greater legal force.
For the judiciary, she suggested establishing an inspector general capable of investigating potential ethics violations involving Supreme Court justices and reporting findings for congressional oversight.
McQuade also raised a more structural proposal: moving the U.S. Marshals Service from the executive branch to the judiciary. Doing so, she suggested, could provide courts with an independent mechanism for enforcing contempt orders when executive officials refuse to comply.
The Role of Citizens
Despite the institutional concerns explored throughout the conversation, McQuade ended on an optimistic note.
“We still have the power in our democracy to change what we don’t like about our country,” she said.
McQuade emphasized collective action and civic participation, pointing to activities such as learning about elections, engaging with community organizations, talking with friends and neighbors, and helping people participate in the electoral process.
Her message is that strengthening democracy cannot depend exclusively on Congress, courts or prosecutors. Institutional reforms may provide stronger guardrails, but McQuade argues that those protections ultimately depend on citizens who understand them, value them and remain engaged in defending the rule of law.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.