Tuesday, May 21, 2019

Ways to Change the Senate

From Doug Muder at The Weekly Sift... I was drawn by this section of his weekly round-up post, which was titled Without Protest. The first part was about the recently passed anti-abortion laws, and within that he made these points:

The apparent purpose of Alabama’s monstrous law is to make this very conservative Supreme Court reconsider the legal status of abortion.

It’s worth remembering how we come to have a Supreme Court majority that is far more conservative than the American people: The Republican Senate (elected mainly by small states, and representing a minority of voters) denied President Obama (who won his elections by margins of 53%-46% and 51%-47%) his constitutional right to appoint a moderate justice (Merrick Garland) in his final year in office. Instead, the last two extremely conservative justices (Gorsuch and Kavanaugh) have been appointed by a minority-elected president (Trump lost the popular vote 46%-48%, but won in the Electoral College) and approved by that same minority-elected Senate.

Republicans sometimes justify the power of the Senate and the Electoral College by saying it protects against the tyranny of the majority. But in this case it enables a tyranny of the minority, which is far worse. If our system respected the will of voters, the Court would have a solid center-left majority, and Roe would be safe.

A number of constitutional remedies have been proposed to make the Senate more democratic, but here’s a simpler approach: Outlaw gerrymandering (to make the House better reflect the voters) and then move the special powers of the Senate (approving nominees and treaties) to the more representative House. That also would require a constitutional amendment, but one that I believe would be easier to pass than a reapportionment of the Senate.

Disempowering the Senate would resemble the path taken in the United Kingdom: They’ve never eliminated their unrepresentative House of Lords, they’ve just taken away most of its powers.
I don't believe I've heard anyone advocate this idea of moving the special powers to the House before, so that caught my attention. Combined with National Popular Vote laws passed by enough states and getting rid of the filibuster... it would make a difference.

I believe in protection of minorities (in all senses of the word) but I don't believe in minority rule.


No comments: