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#1
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Short of scrapping the Constitution, how do we get rid of the U.S. Senate?
I'm not going to mince words here. The U.S. Senate is laughably inept and should be gotten rid of. Both in function and principle. It's an artifact of pre-nationalist thinking and shows. It's woefully anti-democratic and shows. Every time I think about it I'm filled with naked contempt for this country because it's not even allowed in serious discourse to discuss its getting rid of because people would scream like crybabies just at the thought of it.
That said, short of discorporating the country and immediately forming a new U.S., there's no way to get rid of it. It's embedded in the Constitution in several places. Short of a reverse-Korwinesque 'amend the unamendable' shenanigan there's just no getting rid of that worthless body. So screw it. We need to come up with a way to cajole the voters and the courts into having a more democratic and representative government. Your mission, if you choose to accept it, is to:
Solutions which use a minimum amount of force and/or unanimity get extra credit. Last edited by Lago Ys-Transform; 05-23-2012 at 02:13 AM. |
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#2
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Speaking as a Brit, I'm a fan of bicameralism, as untrammeled rule by a single chamber is a recipe for bad government, but at the same time I understand your frustration with 'absolute' bicameralism as the US has.
I'd prefer the US switch to 'asymmetrical' bicameralism - the House as the forum of the people is made stronger, and the Senate reduced to a delaying power of 1 or two sessions, apart from crucial subjects (such as treaties or otherwise) which a veto would still be appreciated (or not - superiority of the House in all matters would also be fine). To accomodate this I'd repeal the 17th Amendment and make the Senate appointed by State Legislatures again. That way States would have a more direct involvement in the Federal government but are not capable of frustrating the popular will. Of course I'd also make the House sit for longer than 2 years! Just my two cents anyway ![]() I believe the US Constitution allows for the States to meet for a new National Convention - I guess that's as likely as me being the next US President
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#3
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There's nothing wrong with the Senate that scrapping the filibuster wouldn't cure. If a minority party has 40 members and are willing to vote as a block, they can paralyze the entire government.
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#4
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#5
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Yeah. Getting rid of the Senate is, for all intents and purposes. impossible. Any attempt to do so would probably break up the union. So, unless you want to destroy the village in order to save the village, best focus on reforming the rules.
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#6
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I'm with the "fix the Senate" guys, even if it's not in the spirit of the OP.
And I don't think you even need to scrap the filibuster entirely, just neuter it a bit. Something like the "declining filibuster" option (where you need 60 votes to break it, then 55, then just a majority - perhaps separated by a few days or even a week) keeps the "enhanced debate" feature without paralyzing the body. Then add in a rule that executive and judicial appointments cannot be filibustered. Suddenly the body is a lot more useful. |
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#7
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But it does exacerbate the effects of the filibuster. A small minority of the population can throw a tantrum and try to wreck the government because they don't realize how much they are subsidized by the federal government via infrastructure, ag subsidies, defense spending, and welfare, and delude themselves into thinking that they made it on their own simply because their state taxes are low. Their state taxes are low because the federal government is paying for everything! |
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#8
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I would go with neutering. We could get the Senate to pass a rule stating that all legislation passed by the House in the first session will be agreed to by the Senate at the end of the second session unless it is voted down beforehand. In this way the filibuster could be made to work in favor of the passage of legislation (after a longer period of deliberation along the lines that Malden Capell suggested). Regarding the malaportionment the Senate could change their rules to form a Steering Committee that must approve bringing business to the Floor (though the agenda would still be set by the Majority Leader). The Steering Committee could be seated directly proportionate to the general population or by giving each Senator as many votes for seating it as they received when elected to office.
Obviously we couldn't expect the current wingnuts on the Supreme Court to allow such sensible changes. It would take a vastly different court makeup for this to go through. And just getting the Senate to neuter itself would require a massive wave of support. So it's pretty far fetched. But it could be done without amending the Constitution. Nonsense. It's not just the filibuster and it's not just that certain citizens are privileged with extra representation. The very existence of a second legislative body creates more hoops to jump through. As the speed of change in the world increases this becomes more and more of a liability. (One that other advanced nations haven't saddled themselves with.) As if that wasn't bad enough we have finally, after 200 years of paternalisitic democracy, have produced mature political parties separated along distinct ideological lines. With the clear differences between parties obstructionism will only increase. Essentially we have two choices about the US legislature. Either we will make it functional or more and more power will shift over to the Executive. Simply removing the filibuster is not enough. There are just too many extra opportunities in the Senate with additional committees and leadership, not to mention holds, for legislation to be held up. And lets not forget how malaportioned it is giving powerbrokers in the square states undeserved political clout. We have Representatives. We don't need Senators.
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Just my 2sense |
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#9
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If you want to consolidate power in Wash DC, you have to live with something like the Senate. You are never going to get a large, geographically and demographically diverse country like the US to form a strictly democratic union. Instead, ask yourself why it is necessary to consolidate so much power in the federal government in the first place.
IOW, if you don't want the fine people of Mississippi telling you what you can and cannot do in your state, then don't let them. Don't want them holding up UHC? Do it in your state, where you don't need their permission. |
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#10
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Unfortunately for any reform, more Americans can name the Three Stooges than can name the branches of our federal government. Ending the filibuster has the benefit of being simple to explain. |
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#11
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I disagree with the entire premise of the OP. There is nothing wrong with the Senate. There really is nothing wrong with the filibuster, either. If anybody in the Senate had any honor or dignity, they would make anybody threatening a filibuster go through with it. Completely. That would end the games pretty quickly.
You want Washington to be better? Start by electing better people. I also support any organization at the national level that is measured and staid. Change isn't necessarily good, you know. And if a law is such that 40% of the population oppose it, isn't that an indicator that it is a bad law? It is only because we insist on electing demagogues and assholes that the system is "failing." |
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#12
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The only change I would make is repealing the 17th Amendment so that laws have to be a compromise between what the people (House) and states as members of a Federalist union (Senate) want.
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#13
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A filibuster isn't always a bad thing. The United States is a Republic to protect the minority, otherwise the majority would create laws that would trample them. Often, people find themselves as minorities in one way, and majorities in another, or they switch around a bit. A filibuster makes a nice open point, even if it cannot stop a bill from becoming law, that a party or group is opposed to a bill.
I don't want to sound like a radical, but if you were really looking to cleanse or purge the Senate or House you would actually need to kill them all. As crazy as this sounds, there has been times when cities have fired whole police departments because of corruption. Doesn't the Tree of Liberty need to be water sometimes with the blood of patriots and tyrants?
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#14
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I also don't understand the hatred for the Senate in comparison to the House of Representatives.
I actually prefer the Senate because it's not nearly dominated by ideologues the way the House is largely because Senators, with some exceptions, represent much larger and more diverse populations than Congressmen who represent smaller and less diverse districts(and I'm not just talking about race/ethnicity). As for the filibuster, I'm not opposed to it in principal, since I'm not a fan of majoritarianism and I tend to feel that if you can't get a solid majority to support a law, as opposed to a bare minimum then perhaps its not a good law, but I do think it's gotten far too easy to impose. I wouldn't mind bringing back the old days where in order to impose a filibuster you'd actually have to have Senators speak for hours on end. |
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#15
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In the last chapter of The Frozen Republic: How the Constitution is Paralyzing Democracy, Daniel Lazare envisioned a political crisis that would end with the Senate still in existence, but reduced to mostly ceremonial functions like the House of Lords. So mote it be.
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#16
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I also agree that the filibuster rules need changing so that the whole body cannot be held hostage indefinitely by the minority. |
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#17
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I pretty much do, too. Allowing for the fact that I don't like current politics and trends, I don't see the fundamental structure as the problem.
I also find the OP's assertions that the Senate is "inept" to be a pretty poor basis for discussion. What specifically is bad about the Senate? That it passes too much legislation? That it hardly passes any? Moneyed interests? There's a lot to dislike, but I don't know what parts the OP doesn't like. Quote:
That's a thing I've never understood about "States' Rights" thinking. Sticking with Virginia as an example, it's filled with "States' Rights"-minded people who fume at their perception that the Federal government is taxing away money from people and giving it to people far away, and that the Federal government is not responsive to the will of "the Commonwealth." But these exact same people support taxing the region known as Northern Virginia, the Commonwealth's principal money-producing region, and distributing the money to people far away. And they routinely ignore/override the expressed will of Northern Virginia. What magic makes it okay for them to do to lower rungs on the ladder of government what they find so tyrannical when it's done by the rung above them? |
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#18
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Okay, let's back up for a bit.
1. The Senate isn't just inept because of its recent intransigence or filibustering rules. More obviously, it's inept because of its incredibly lopsided representation. How would you feel about a bill that allowed people of a certain family line to arbitrarily have five different votes to cast for the House Representative? If you feel bad about it, why do you tolerate more extreme antidemocracy in the Senate? Less obviously is the fact that the world has become considerably more complex -- back in the 18th century it was possible for men like Henry Clay to be reasonably informed about almost every pertinent issue. Today it's almost impossible. But the average power of the individual senator has only increased over time. Both because the U.S. government is much more powerful WRT the world stage and also because the U.S. government assumes more power within. The U.S. Senate needs to seriously be about five times the size it is right now so that specialized experts can concentrate onto committees like in the House. Otherwise you get ignorant government and/or abdication of responsibilities to an outside party. 2. The whole 'compromise to maximize consent' argument is really lacking in my opinion. First of all, the Senate isn't aligned democratically so there's no guarantee that whatever passes the Senate maximizes consent. In fact it's more likely to decrease it. Second of all, the idea shows a ridiculous amount of omission bias. Not getting a particular piece of legislation done always benefits some interest. The North and South disagreeing on where the transcontinental railroad and therefore not getting one build at all doesn't punish both parties equally; and there will be some parties who will benefit more from not having a railroad at all. Anti-majoritarian governments, even if they refuse to ingratiate themselves with the kind of poisonous compromise Hamilton and Madison lampooned, empower minority interests as long as they're in favor of the 'do nothing' solution. It took 10 years between the Supreme Court delivered Brown vs. Board of Education and the 1964 Civil Rights Act being passed and it's precisely because of that blinkered 'seek compromise' function. In the meantime, that was an unnecessary extra 10 years of human rights abuses. Moreover, part of the reason why Congress has almost entirely surrendered modern foreign policy to the President is because world events move too quickly for legislative bodies to react in time -- this leads to a, in my opinion, dangerous concentration of power into the hands of the executive branch. Quote:
Last edited by Lago Ys-Transform; 05-23-2012 at 01:06 PM. |
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#19
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I'm kind of amazed that anyone would look at the American congress, and decide that its the Senate that needs to go.
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#20
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Screw democracy. The will of the mob is not the way to run a country.
As for Point 2 - exactly how will scrapping the Senate solve your foreign policy "problem?" (I disagree strongly that it's a problem to begin with.) |
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#21
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I don't have a cite handy, but I recall hearing that 11% of the population elects enough Senators to lock up congress.
Think about that. Not only does a state with half a million people get as many Senators as California or Texas, but even when you massively handicap the high population states with the 2-fer rule, you still need less than 50 votes to stop everything in its tracks. With the filibuster 40 votes is all you need. A tiny sliver of the population controls the country. 11% of the population can stop the will of the other 89%. That's horrid. Especially if you've spent any time in those states with very, very low populations.
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#22
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That's what I keep saying and thinking when this topic comes up. Do people not realize how many flat-out morons and lunatic get elected to the House? There are a couple in the Senate and some Senators are badly out of touch, but there is a much larger proportion of out-to-lunch Michele Bachmanns and Cynthia McKinneys and Allen Wests and (at least on some issues) Ron Pauls in the House - people who not only are nowhere near the mainstream of political discourse, but who make no pretense at even trying to figure out where that is and just represent the small and deeply partisan areas that elected them. (And no, I don't think the House should be abolished either.) I'm coming to the reluctant conclusion that filibuster needs to be changed or eliminated since apparently Senators are too partisan or dumb to help themselves at this point.
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#23
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I don't think there is much wrong with the U.S. Senate either. Most of the arguments against it come down to it not being purely democratic but it was never meant to be. That is a feature, not a bug. Someone pointed out that other advanced countries don't have the Senate to worry with. Where? Like Western Europe? Somehow, I thought those types of arguments would not be made these days for self-evident reasons. Last edited by Shagnasty; 05-23-2012 at 03:06 PM. |
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#24
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#25
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#26
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Was it the lunatics in the House who took a public option off the table? Were they the ones who left dozens of federal judgeships vacant, the Federal Reserve without all of its governors, and Elizabeth Warren running for office instead of being in charge of the consumer protection agency that she pushed for? Can you remind me who it was that preserved the carried-interest tax break?
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#27
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Why?
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#28
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They're not so self-evident. A federal-bicameral national legislature has not insulated America from economic crises.
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#29
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It should be self-evident that the worship by some liberal types of Western European practices are completely inappropriate now in terms of facts and philosophy. Thank goodness I live in the U.S. under its stable Constitution. While the U.S. is still in the #1 position on lots of counts including stability, it is frankly retarded to initiate radical reforms when no other country has ever done it better. Last edited by Shagnasty; 05-23-2012 at 08:32 PM. |
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#30
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Letting a bunch of elderly white Idahoans, Wyomingites, Utahns, North and South Dakotans, and Alaskans have many times the voting power of the rest of the country is probably a bit unbalanced.
Perhaps the Senate should have the same number of members as the House, but also based on population. This would avoid gerrymandering, while simultaneously balancing out the excess power that the elderly white voters from the states with smaller populations. Why do I say elderly and white? AS we all know, they are more likely to 1. be registered to vote, and 2. actually have time to vote on a damn Tuesday. And the heck with voting on Tuesday. That's just pandering to the elderly. Let's vote on Saturday, or create a mandatory federal half-day off so people can vote. We need a way to dilute the voting power of the elderly. It's not fair to the young. Last edited by al27052; 05-23-2012 at 08:38 PM. |
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#31
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What makes you think young people are going to vote if they half a day off instead of just going to the movies? It's ridiculously easy to vote in the US for anyone who has half an interest in doing so. Most people in the US can either vote early in person or just vote by mail. Make it possible for everyone to vote by mail. Problem solved. I doubt that would result in any significant increase in the youth vote (or any other vote, for that matter).
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#32
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If you had to take a day off work and wait in a huge line to buy a smoothie, do you think smoothie consumption would go down? Yes or no. If they had mail in smoothie chits, that would help of course. |
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#33
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#34
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Second, exactly how many people in the US have to take the whole day off to vote? Third, most people in the US can vote early or by mail. Fourth, I just said I'm happy to make that (the third thing) universal. Fifth, the idea that there are hordes of people who would vote if only it were easier is... naive, at best. |
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#35
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#36
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I believe that incentives can work. But you're not talking about an incentive. You're saying there are significant disincentives to voting. I'm not seeing it.
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#37
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#38
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#39
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#40
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Furthermore (TTV press release):
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#41
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Agreed on all points, but do we really want the House controlling a branch of government? Thanks to gerrymandering, small districts, and a two year election cycle, the house is stocked full of crazy people even more inept than the Senate. At least they can't redraw state lines to create safe districts.
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#42
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The people pointing out the behavior of the House are missing the fact that its members are operating within the current constitutional framework. If we didn't have a Senate then the current House wouldn't work the way it does. The way it works now is that members get to stand up and spout off about whatever divorced from reality rhetoric they wish because their speech effects primarily their own electoral prospects. They can't act upon those crazy impulses (except negatively which is why the debt ceiling has become such a clusterfuck) since compromise on legislation must be reached in the Senate.
If instead we only had the House then the crazies would get to actually enact their agenda. Sure that would be bad in the short term but once people saw the effects they would vote the wackos out of office and we would be done with them and their antics. Instead reality never smacks them in the face because they are insulated by our constitutional system. So when you see politicians toeing an insane party line you have our checks and balances to blame. When you deny an organization responsibility you shouldn't be surprised to find it behaves irresponsibly.
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Just my 2sense |
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#43
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That's not to say that the House couldn't do with a big dose of reform as well.
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Just my 2sense |
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#44
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Scrapping the filibuster and all the other slow down rules would outright fix it in my opinion.
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#45
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No. It's the lunatics in the House who think Democrats are Communists, push September 11th conspiracy theories, want to return the U.S. to the gold standard to prevent the rise of the Amero, and think HPV vaccinations cause mental retardation. Maybe you can see a qualitative difference between that and a political compromise, however regrettable that compromise might have been. I don't think the Senate is close to perfect, but I do think it's less of a zoo. If you wanted one chamber and any kind of sane government you'd have to reform the House almost beyond recognition.
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#46
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The Senate was part of the deal that some people want to re-neg on. No way would states like Vermont and Rhode Island have agreed to join the U.S. if their voices would be drown out by more populous states. The U.S. gets the benefit of being united by making this trade off.
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#47
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You have to consider the results of having no Senate and maintaining the current rules of the House. The merest majority will decide the law, and the Union will dissolve in short order as one side dominates the other. The Constitution was designed to (or possibly accidently) slow down the process of government and as a result make it subject to the democratic process of electing representation. I don't like the way things work now, but I prefer it to the inevitable majoritarian rule.
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#48
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In any case the opinions of Americans long dead don't seem to make the case for the continued benefits of the arrangement. Southern states would never have joined a Union that outlawed slavery. That's not much of an argument in favor of repealing the 13th Amendment in the name of unity. - Quote:
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Just my 2sense |
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#49
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And I don't understand anyone who thinks it's better to let a minority rule than a majority. A mob of fewer people, each with proportionally more power, is far worse. Either way, the worst case scenario is that the people in charge get what they want, and if that's a minority, that means fewer people happy than if it were a majority.
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#50
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Last edited by BrainGlutton; 05-24-2012 at 01:04 AM. |
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