The fact that the White House and president have pursued a Senate-preserving political strategy at the expense of the House of Representatives has been a mainstay of my analysis over the last few months, and it is now common wisdom even among many Republicans.
Two days out from an expected Democratic takeover of the House, Republicans focused on the chamber are profoundly worried that Trump’s obsession with all things immigration will exacerbate their losses…
…Many of them have cringed at Trump’s threats to unilaterally end birthright citizenship, as well as his recent racially-tinged ad suggesting that immigrants are police killers. The president’s drumbeat, they say, is drowning out news any incumbent president would be negligent not to dwell on: that the economy added a quarter-million jobs last quarter, and unemployment is below 4 percent.
“Trump has hijacked the election,” said one senior House Republican aide of Trump’s focus on immigration. “This is not what we expected the final weeks of the election to focus on.”
…Indeed, some House Republicans say privately that they feel abandoned, as if Trump has given up on them — the likely losers — in order to focus on the Senate.
Nakedly racist political messaging works in some places (hopefully, not as well as the White House hopes) and it is political radioactive in other places. Republican senators are hopeful that it will help them maintain their slim majority.
The disagreement highlights the tug-of-war over strategy that’s been dogging the GOP all year: Should Republicans prioritize turning out Trump backers, or appeal to suburban swing voters? The party has diverged according to the chamber: Senate Republicans seeking to grow their majorities in rural, red states by toppling incumbent Democrats have mostly welcomed Trump’s red-meat approach; House Republicans whose survival hinges on the suburbs have privately griped and tried to change the subject.
I believe that the cynical use of racial demagoguery belongs in the populist category of political campaign strategies, as it’s basically an appeal to baser emotions like fear, resentment and hatred rather than anything that might distinguish human beings from lizards. For this reason, I find it particularly depressing to see it being used by senators. A look at James Madison’s rationale for the Senate in the Federalist Papers should demonstrate why I feel this way.
The qualifications proposed for senators, as distinguished from those of representatives, consist in a more advanced age and a longer period of citizenship. . . . The propriety of these distinctions, is explained by the nature of the senatorial trust; which, requiring greater extent of information and stability of character, requires, at the same time, that the senator should have reached a period of life most likely to supply these advantages…
It is equally unnecessary to dilate on the appointment of senators by the state legislatures. . . . It is recommended by the double advantage of favoring a select appointment, and of giving to the state governments such an agency in the formation of the federal government…
The equality of representation in the Senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small States, does not call for much discussion…
In this spirit it may be remarked, that the equal vote allowed to each state, is at once a constitutional recognition of the portion of sovereignty remaining in the individual states, and an instrument for preserving that residuary sovereignty…
Another advantage accruing from this ingredient in the constitution of the senate is, the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the states. It must be acknowledged that this complicated check on legislation may, in some instances, be injurious as well as beneficial; and that the peculiar defence which it involves in favour of the smaller states, would be more rational, if any interests common to them, and distinct from those of the other states, would otherwise be exposed to peculiar danger. But as the larger states will always be able, by their power over the supplies, to defeat unreasonable exertions of this prerogative of the lesser states; and as the facility and excess of law-making seem to be the diseases to which our governments are most liable, it is not impossible that this part of the constitution may be more convenient in practice, than it appears to many in contemplation…
…The necessity of a senate is not less indicated by the propensity of all single and numerous assemblies, to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions. . . . All that need be remarked is, that a body which is to correct this infirmity, ought itself to be free from it, and consequently ought to be less numerous. It ought moreover to possess great firmness, and consequently ought to hold its authority by a tenure of considerable duration…
…The mutability in the public councils, arising from a rapid succession of new members, however qualified they may be, points out, in the strongest manner, the necessity of some stable institution in the government…
Over the years, I’ve written several times about my controversial belief that it was a mistake to popularly elect Senators, as it disrupted the original design and destroyed one of the principle reasons the Senate was created. I would rather see the Senate abolished as an anachronistic product of compromise that results in a highly unrepresentative body where Rhode Island and Wyoming have the same amount of power as California and Texas. What we gained in anti-corruption is overrated while the supposed increase in accountability is more than offset by the way that accountability is enforced. Senators as individuals and the Senate as a body were supposed to be shielded from political passions, which is why only a third of the Senate is up for election at any given time, why they have the unique privilege of serving six-year terms, and why state legislatures and not the people directly were supposed to elect them. What we have now is another version of the House, but one that is mostly redundant and which falls far short of what Madison envisioned.
What Madison wanted was something to counter “the propensity of all single and numerous assemblies, to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions.” If the Senate accomplishes anything, it should accomplish this, knowing full well that Madison readily acknowledged that “this complicated check on legislation may, in some instances, be injurious as well as beneficial.” If the Senate is even more prone than the House to this kind of behavior, then it is truly failing in its mission and eliminating the best rationale for its existence.
The Republicans have been steadily undermining the Senate as an institution since they gained control of it in the 1994 midterms. At every step, their behavior has led the Senate to behave more like the House. Some of this has been indirect, like changes in campaign finance law and permitting the rise of purely partisan media, which have both put more pressure on senators to fundraise and to make the populist appeals that make fundraising easier to accomplish. Some of it has been institutional, by abusing long-established loopholes in the rules and violating longstanding norms of the body. Mitch McConnell has been the leader in this process at every step, and his obstruction of President Obama’s nominations led to a weakening of the filibuster that, more than anything else, distinguishes the Senate from the House.
So, now we’ve reached the point where the House Republicans would largely like to eschew appeals to the lizard brains of their constituents in favor of talking about more substantive issues like job creation and economic growth while Senate Republicans are cheerleading nonsense populist rhetoric and fear mongering on race and immigration.
Needless to say, this isn’t how our two branches of government were intended to function. The founding fathers were well aware that popularly elected officials are prone to act badly and make poorly designed laws in reaction to the day-to-days controversies that inevitably arise, and they wanted a check on that. Agree with them or not, if we’re going to have a Senate, it ought to do what it was designed to do. When it doesn’t, we get all the downsides of an unrepresentative body without the benefits. That’s the worst of all worlds.
I hope BooMan doesn’t mind me interrupting with what I hope will be a little bit of humor. I worked in printing and publishing for a long time and have a big list of stories about things that couldn’t possibly have been misunderstood but were. (Who would have thought that calling a cooking column “The Wooden Spoon” would invite angry reader responses?) Anyway, I received the Washington Monthly in the mail on Friday, set it on the kitchen table, and was surprised when spouse picked it up, angrily said “why do we receive this junk?” (didn’t actually say “junk”), and was prepared to throw it in the wood stove. Turned out spouse thought it was an apparel catalog and the heading “Trump Country Blues” was an advertisement for clothing for Democrats who support Trump.
One of the main reasons that indirect election of the Senate was abolished in 1913 by the original Progressives was because state legislatures had become hopelessly corrupt and highly partisan in their selection of Senators such that they often did not reflect either the public’s preferences or the honest and dispassionate qualifications that Madison set forth. This wasn’t true of all senators, of course, but it was enough of a problem that this constitutional amendment received sufficient support.
Given today’s media and the blatant corruption and violation of democratic norms, especially in red states, reverting to the old system would be a disaster for the country.
The real problem is that the Senate has too much power now because we are not electing the President democratically. We need to revert back to the system originally specified in the Constitution for creating the House. The century-old system for the House is woefully out of date, under-representing the people in the Congress and, because of the Electoral College, the Presidency itself. The House must be increased. It’s the only way to mitigate the dominance of capital in our election process.
The Reapportionment Act of 1929 established the number of 435 HOR members and based on the 1910 census. That was population over a century ago was only 28% of what it is now. As a result, a single representative represents far too many people in relation to the problems they must address except for places like WY and AK.
Hence, they are always fund raising and their constituents still don’t know them very well. To get back to at least 1929, the HOR should be enlarged to 870 and apportioned as they are now by a state’s population. If we are going to continue to have the Senate, the most populous states need to have the number of senators at least doubled. That will mean red Texas, blue CA and purple FL. Finally, the Electoral College, which has never ever done what it was supposed to do, most manifestly in the case of Trump simply ratifies anti-democracy and needs to be abolished.
The Founders grossly overestimated the benefit of state legislatures in selecting senators, and were quite suspicious of “popular” democracy in any event. It’s all water under the bridge. however, as there aren’t going to be any 21st Century champions for repealing the (Progressive) 17th Amendment–except maybe Repubs!
But your crucial insight is unassailable–that the senate has now completely failed of its initial “function” in the eyes of the Founders, that Repubs are completely responsible for wrecking it as an institution, and that it is now an enormous roadblock to the functioning of modern nation. In the past decade alone, Repubs have used it to destroy a popularly elected two term Dem prez, and install a democratically illegitimate “conservative” 5 man majority on the Supreme Court, all without the consent of a majority of the people. The only rational answer is that the senate must go as an institution, along with the electoral college.
The Dem establishment doesn’t see it that way, with some Dem senators actually out decrying Reid’s decision to do away with the filibuster for executive appointments and lower court judges (made necessary by the unparalleled obstruction of McConnell, the principal destroyer of our democracy) and giving Mitch back his power to obstruct the next Dem prez. This would be ridiculous weakness and disgusting victim mentality.
Perhaps AFTER the Supreme Court and lower courts have been restored to where they should have been had McConnell not thwarted American democracy, the two parties can talk about returning to the status quo of the glorious Olde Tyme senate. But surely not before then.
And ultimately, in a serious nation the real discussion should be about further democratizing it into a system of two Houses. That’s ridiculous under the (now aborted) vision of the Founders, but the best we can do as long as we revere a failed 18th Century relic. Most likely the Founders would be aghast at our timidity, small-minded rigidity and ancestor-worship.
There is a certain irony in that the use of emotional campaigning by Trump that relied on fear and hate mongering to create so much noise that listeners couldn’t think straight to listen to policies is now working against the very party that Trump brought into the majority.
House Reps can’t get a word in edgewise to talk about the economy in their local districts because Trump’s caravan screams fear and hatred so loudly the constituents can’t think straight. Nor do they want to, Trump has trained them to feel not think.
Norm Ornstein:
I want to repeat a statistic I use in every talk: by 2040 or so, 70 percent of Americans will live in 15 states. Meaning 30 percent will choose 70 senators. And the 30% will be older, whiter, more rural, more male than the 70 percent. Unsettling to say the least.
https://twitter.com/NormOrnstein/status/1016789064379334656
Yes I noted that little gem from Harpers awhile back. It suggests to me that the Dems had better find a way to campaign in all the states and attempt to sway some of the 30% or we will have a problem.
I know that I’ve cited this one before:
For those not in the know (including me), that quotation is from a speech by Alexis de Tocqueville, Jan. 29, 1848.
Pace Madison, the Senate was not designed to be a wiser, calmer, slower legislative body acting as a check upon the House. The Senate was designed to reverse-discriminate on the basis of population density, full stop.
Not just the Senate. But, the Senate has always been broken. It just worked because of the nature of our two political parties. Now, because of Republicans, the system simply doesn’t work at all any more.
In reading The Walls of Jericho : Lyndon Johnson, Hubert Humphrey, Richard Russell and the Struggle for Civil Rights the blindingly obvious thing in trying to get any Civil Rights bill past the Senate was the need for 67 votes to cut off a filibuster. The only reason the Civil Rights bills of the ’60’s ever passed was that Senate Minority Leader Everett Dirksen (R-IL) gave his full support.
The South was a minority, but managed to block all civil rights bills for over 20 years. That’s not really “functioning.”
But, in those days, normal, everyday legislation like infrastructure spending, support for agriculture, Social Security etc., these things for long could be done on a bi-partisan basis. No more.
Now even normal consensus governing is unpopular. The GOP base wants their Senators to rail at everything that Fox News howls about. This means that there are almost no substantive issues, and what substance there is is totally distorted into insane forms. No GOP Senator can dare tell the truth about anything, because their base will punish them – even for common sense normal governing measures designed to pay the debt and keep government agencies functioning.
The problem is that America is a two party system and one of the parties is hopelessly broken and irresponsible, but nothing can be done about it because we are locked into a 2 party system. And naked partisanship means no party can ever gain anything like a 60% majority to get any major legislation through. Not for long anyway.
This brute fact has been concealed by Trump not having any real legislative agenda outside of tax cuts, that they managed to force through by bare majority vote. But, in future the Senate will be more broken and unable to agree than it is today. Fox News alone guarantees that.
“But, in those days, normal, everyday legislation like infrastructure spending, support for agriculture, Social Security etc., these things for long could be done on a bi-partisan basis. No more.”
The other primary thing to acknowledge here is that the GOP has noticed that when they control 2/3rds or all 3 branches of government… they don’t need to acknowledge the original opposition of the three centers of power, and can instead straight up lie, collude, or ignore anything that might be detrimental to universal party power.
We have a system built for a different time, but we won’t be able to change all or even multiple chunks at it at once. So my question becomes:
What sort of legislation, or other political/legal process, can we start if Democrats regain the Legislative and Executive branch in 2020? How do we prioritize this, while also shoring up many of the serious blows that all of our institutions have suffered in the era of Reagan through the even faster degradation of Trump?
Is the Senate really the first thing we try to fix? Or is it campaign finance, or insulating the FBI from political orientation and personal loyalty to the President, or is it institutionalizing the fight against climate change which will wait for none of those things to be resolved before coming to collect a deadly toll on the US and the globe?
Over the years, I’ve written several times about my controversial belief that it was a mistake to popularly elect Senators, as it disrupted the original design and destroyed one of the principle reasons the Senate was created.
To prevent smaller states like Delaware from allying themselves with foreign powers?
Gunning Bedford Jr, Delaware Representative at the Constitutional Convention: “The small ones (states) will find some foreign ally of more honor and good faith, who will take them by the hand and do them justice.”
I respect the Framers as much as the next guy, but the document they produced didn’t actually work all that well. The constitutional “order” that lasted from 1789-1861 was so unstable that it required constant compromises and each “free” state had to be admitted along with a slave state. This all led, of course, to a bloody civil war. Some aspects of the original Constitution that we have discarded over the years are: the loser of the Presidential race becomes Vice President; 1 Representative for each 30,000 people; legislatures elect Senators; non-citizens get to vote in local elections.
It’s worth pointing out that the British House of Lords exercises much less power than its “lower” body. The upper house is still involved in governance, but spending bills cannot originate in the upper chamber, and the Lords do not block legislation contained in the governing party’s election manifesto. The Canadian Senate has slightly more legislative power than the UK House of Lords (they appear to be more likely to block legislation) but don’t really serve as a check on the executive. There’s still a role for the US Senate in judicial nominations and in negotiating treaties; but I’m not sure how long the Senate can credibly pass legislation. (This is even assuming Schumer holds the gavel; it appears that several Senators will be running for President in 2020, which will impact the legislative process.)
I’m not sure if a complicated set of amendments is the correct path to take. However, continuing to allow lightly populated areas to consistently outvote the majority is even worse. Having DC and Puerto Rico join will partially offset the unrepresentative nature of the Senate. The Senate is broken; I don’t think there is a consensus of how to fix it, though.
The republican party is rife with corruption, graft, dishonesty and greed. Which is why everything they touch turns to shit eventually.