Tuesday, May 24, 2005

US Senators and the Loss of States Rights

No matter what the Democrats say, the rights of the minority are enshrined in the Senate. As a matter of fact, the Senate was formed during the Constitutional Convention in what is now called "The Great Compromise". James Madison came to Philadelphia fully expecting to have only one house that would based on population like the House of Representatives. The smaller states, however, wouldn't allow it realizing that this would make their state's issues irrelevant. So in the Senate today little Rhode Island has the same say as California. The founders fully expected that US Senators would vote in the interest of their state. Senators were appointed by Governors and served for six years keeping a Senator somewhat above the tides of immediate political passions. Thus minority views were protected.

Fast forward to today and the Judicial filibuster or the No Child Left Behind Legislation. The fight now is not between little state and big state or region against region, but of ideology. Because the Constitution has been overridden allowing Senators to be directly elected today instead of appointed (and recalled by their Governor) we are at a cross roads. Imagine that Governors still appointed Senators. New Jersey would have it's two democratic Senators, but New York would have two republican Senators. New York (I assume based on its Governors party)) would be for breaking the filibuster and New Jersey against. What about the No Child Left Behind Bill. Would the Governors of New York and New Jersy instructed their appointees to vote against it, protecting their States from unfunded mandates? Instead we have New York and New Jersey aligned on ideological terms because of having popularly elected Senators, but not necessarily on the States executives position.

The founders were always States Rights Firsters. They believed that a State was more powerful than the Federal Government. Therefore a Governor, the chief executive, one who can call out the militia, the person that sets their State's policy and direction should be able to rely on his Senators to back positions that help his cause. Because we now directly elect Senators, making them as powerful or more powerful than a Governor, Federal policy and State policies are almost always misaligned because a Senator must cave to popular opinion.

It is popular to think that the people should be allowed to vote for everone directly. It can be a large mistake. Popular elections of Senators has done more to erode States Rights than anything Lincoln did.

3 Comments:

At 9:53 PM, Blogger Ken Adams said...

I absolutely agree -- 1913 was a very bad year because of the passage of the 17th amendment, compunded by the 16th.

Repeal the 1913 amendments!

 
At 10:33 PM, Blogger Ken Adams said...

More thoughts on the subject here.

 
At 10:15 AM, Blogger RBM said...

Ken:
I had forgotten that the Sate Legislator actually picked the Senators. I should have gone back and re-read the Constitution. My bad.

I was suprised today when doing a google search how strongly others believe that the 17th is a problem.

 

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