I agree with Steve Benen that repealing the 17th Amendment (providing for the direct election of U.S. Senators) seems like a kooky idea, especially coming from a faction that thinks the government has too much power over the people. But I have begun taking the idea more seriously in recent years. I definitely would not support repealing the 17th Amendment alone, without other progressive reforms. But I believe our form of government cannot actually function at an acceptable level of efficiency if the Senate is effectively nothing more than a smaller, less democratic version of the House.
What I have come to believe is that we were blessed with a very atypical situation in the latter half of the 20th Century, where there was very significant ideological overlap and neither of the two major parties could command enough party loyalty to act in a parliamentary fashion in the Senate. This was already the case in the lead-up to the Civil Rights Act of 1964, but it became even more true in the aftermath of that vote, as the South began the long slow process of transforming itself from a monolithically Democratic region to a monolithically Republican region. But now that the process has been completed (at least, in the Deep South), the two parties are diametrically opposed to each other. This means that we cannot pay our bills on time.
I’d have to write a much longer piece to really explain myself here, but the brief version is that I’d rather abolish the Senate than go back to the way things were during the Robber Baron Era. But I’d rather have the state legislatures pick senators than have the Senate function as a small, dysfunctional House.
The Founding Fathers were not dummies. They wanted the Senate to be insulated from the passions of the day. None of this Terri Schiavo shit that can infect the body politic and make it act temporarily insane. So, they made sure the senators’ terms were longer than the president’s, and that only a third of the senate would be up for recertification every election year. They did not subject the senators to the direct judgment of the public. The whole point was to keep them above the fray.
The Tea Party folks are less concerned about this independence than they are with the senators being dependent on the approval of the state legislatures. They believe that the federal government was more responsive to the states when they had to answer to the state governments instead of the people. They are probably right about that, but that is not a reason why I would consider supporting repeal of the 17th Amendment. In fact, it’s the corruption that traditionally accompanied the selection of senators that mainly inspired the amendment, and preventing or minimalizing the return of that kind of corruption would be the prerequisite for considering repeal.
Of course, the American people would probably never go for it, since it takes power out of their hands. They have been too indoctrinated into the idea that democracy is good to notice that we don’t live in a democracy, and we’re never supposed to live in one. At least as important as having a government that is accountable to the people is having a government that doesn’t devolve into civil war or fall apart as states secede. Our Constitution was formed as a stitch-work of compromise. Some of the original compromises are no longer necessary. But some of the fixes are no longer working as intended. The 17th Amendment is one of these.
State Legislatures are probably even more corrupt than the Senate. Repealing the 17th Amendment is a bad idea, unless you some how put the proles on a more level playing field with the .01% re: elections and those running for office.
Well, the Senate itself isn’t the greatest idea. And in a post-Citizens United world, I don’t see much difference between our current corrupt system and the old pre-17th amendment corrupt system.
And who can doubt that the Senate operates with only two factions precisely because the senators now rely strictly on a national party apparatus to get elected?
And does anyone think that the Founders intended the Senate to be made up of people like Christine O’Donnell, Mike Lee, and Richard Mourdock? Should we maybe reconsider their wisdom?
Anyone hoping for the Senate to go back to how it functioned in the 1970’s-1990’s era is going to be disappointed. It no longer works, and it is not going to work.
And does anyone think that the Founders intended the Senate to be made up of people like Christine O’Donnell, Mike Lee, and Richard Mourdock? Should we maybe reconsider their wisdom?
I’m sure they didn’t. They’re probably looking on from the great hereafter very pissed off.
I don’t see how repealing the amendment would solve anything, and could quite frankly make it even worse; just look at Kansas. Other than abolition of the Senate, what “reforms” are you entertaining?
Well, the idea is really twofold.
First, that the Senate cannot work with two rigidly ideological factions, both of which are terrified of what is said on the cable news and talk radio shows. They are too ideological and they have lost any sense of insularity.
Second, the best way to change the current system is to weaken the national party’s grip on the means of election, and to recreate some distance from the electorate.
Personally, I’d like to see the Senate adopt no-party label approach. You can go to the state legislature and ask to be nominated to the position, and you can make your case to them, but you can’t say that you’re the official candidate of the Democratic or Republican Party. And, once elected, you can’t expect to receive you committee chairs based on the preferences of some minority faction. Get rid of left/right seating in committee. Stop identifying senators with ‘R’s ‘D’s and ‘I’s.
Obviously, no more primaries. No more chicken dinner circuit.
And then you have to have strict laws about what a prospective candidate can and cannot offer to a state legislator.
These reforms would allow Olympia Snowe to act anyway she wants without fear of losing her committee assignments. It would allow the New England Republicans to behave much differently from the Deep Southern Republicans, and the same for different regions of Democrats. A guy like Orrin Hatch could go back to voting how he wants on health care instead of adopting the policies of Attila the Hun just to avoid the fate of Sen. Bob Bennett.
And because the parties wouldn’t really be officially responsible for putting the senators in power, they’d have less ability to demand fealty.
Obviously, the system would have large flaws. And it would never work as well as intended. But would it be worse than what we have now?
Won’t work. The only difference between your approach and Rod Blagojevich’s is that Rod was dumb enough to talk on a phone.
There are no enlightened state legislators. Do you really think Mike Madigan would allow the Illinois House to choose a Republican? Or John Cullerton would allow the Illinois Senate? How about the Mississippi legislature? Or better yet Louisiana’s?
There is no law or election strategy that can eliminate corruption or partisanship.
I’m not proposing an end to corruption and partisanship.
I’m proposing something that would inject more heterodoxy into the system. It could quite possibly be more corrupt. I’d personally take that trade off, but not without a fight to keep corruption to a minimum.
Out west where there have been “non-partisan” elections, the parties just support their candidate who doesn’t identify officially with either party but otherwise is. How does creating a shadow system improve things?
It denationalizes the parties.
See, when the Democrats ruled the South, they also ruled the urban machines, which were made up of the kind of people the KKK wanted to kick out of the country (Catholics and blacks, mainly). They weren’t really one party, but two.
We need a northern Republican Party, and it is disappearing.
A lot of political scientists hated the old system (which worked) because it didn’t offer people a clear choice. I mean, I might want to support my pro-union mayor in Philly, but do I want to support a segregationist for president? Do I want to empower a racist to take over the chairmanship of a powerful committee? How do you decide which party to support?
But we’ve reached a different problem, which is that the Senate cannot function if the minority party functions as a bloc.
nailed it, Booman.
The prime example would be Memphis 1905-1955. E A Crump.
It can function if the bloc wants to deal. The real problem is that the bloc worships Ayn Rand and doesn’t want the Senate to do anything but destroy government even if they control it.
This is not the old Country Club Republican Party. This party wants to be slaveholders.
Before we go this far, effective campaign finance reform is necessary; by Constitutional Amendment.
1- Limit those who can contribute to a campaign to only those human beings who can vote in the said election. So residents of that district/state: no corporations, unions or out of state high rollers.
2-Limit the amount said individuals can contribute; I would put it at twice the avareage house payment of the district or state.
3- As public holders of broadcasting lic. TV/Radio and Cable have to offer discounted rates; for the public good. Of course, those contributions could be written off their taxes.
This isn’t a perfect scheme and multiple details need to be worked out, but by strenghting the state parties, they could act as a buffer: and no big shot could write check to gin up a “Tea Party” candidate with million dollar ad buys.
R
I’d set it at a reasonable fraction of the median wage.
Nice idea, but WHICH median wage (by state, region, national, other)? How often do you recalculate the median wage (every congressional election for the next, every X years)? Do you include non-monetary pay allowances (stock options, country club memberships, cars, living allowances) as wages? Do you count that amount as the amount for ALL political contributions or only for EACH political contribution? and so on, and so on.
Nah, just make up a number and have Congress redo the number as the first order of business in the first session following the finalization of the census. That will be the maximum amount you can give to any one candidate.
Make up another number for the maximum that a non-human can contribute within the US.
There will, of course, be cheaters, but it will be easier to handle the details if there are details to be handled.
I absolutely agree that the only really viable approach is to begin with campaign/election reform whose amendment wording has got to be direct, simple, and encompassing.I also think our political campaigns ought to have a much shorter lifespan. I guess if one restricts the contributions as you outlined, that in itself will serve to short-circuit the current unending campaign season we now have.
I have mixed feelings about doing away with direct election of Senators and am not sure that having them appointed by the state legislatures would make our political situation any better.
This is somewhat reminiscent of the judicial appointment process, isn’t it? That’s also supposed to inoculate the system against blatant partisanship. Which it doesn’t appear to have accomplished.
This isn’t about theory, proper functioning of government or principle IMHO. I think it is about power grabbing along with other tactics like voter suppression, citizens united and other ALEC moves.
Repubs dominate state legislatures and governorships by a 3:2 ratio. I think they believe they can secure the Senate on a more permanent basis.
See the totals near the bottom of this table:
http://en.wikipedia.org/wiki/Political_party_strength_in_U.S._states#Elections_and_voter_registratio
ns
Helpful hint: There is no merit to anything the GOP/rightwing offers as a solution to any real or imagined problem.
The primary problem with the US Senate is that it grants equal power to half a million people in Wyoming and over thirty-seven million people in California. Cap the Senate at double the number of states with each state allocated one Senator and the remaining seats distributed by population up to a maximum of four.
There’s one problem with that and many of the other ideas on this thread.
How would you get around Article 5:
Abolish the Senate and go unicameral – each state would still be equally represented (0 each) in the defunct Senate.
Yes, let’s put them in the position of having to choose between half a loaf and none at all.
That’s an interesting thought, but how are you going to get Senators to basically eliminate their own jobs?
we did it once before.
The 17th Amendment didn’t really cost any jobs immediately. I would guess they thought they could win a direct election otherwise I doubt they would have voted for it.
Unless you mean something else.
well, we’d need most senators to believe that they’d be appointed to repeal it.
Eff that! Jeff Flake endorsed the idea the other day because he’d rather backroom deal with the state legislature that gave us SB1070, HB2281, etc etc than actually have to work for the votes of Arizonans.
I would be happy with abolishing the Senate entirely. It’s a useless body, the place where all good legislation goes to die.