Sunday, January 10, 2010

Fallows on the brokenness of the Senate

Again, it all really just boils down to the Senate:
When the U.S. Senate was created, the most populous state, Virginia, had 10 times as many people as the least populous, Delaware. Giving them the same two votes in the Senate was part of the intricate compromise over regional, economic, and slave-state/free-state interests that went into the Constitution. Now the most populous state, California, has 69 times as many people as the least populous, Wyoming, yet they have the same two votes in the Senate. A similarly inflexible business organization would still have a major Whale Oil Division; a military unit would be mainly fusiliers and cavalry. No one would propose such a system in a constitution written today, but without a revolution, it’s unchangeable. Similarly, since it takes 60 votes in the Senate to break a filibuster on controversial legislation, 41 votes is in effect a blocking minority. States that together hold about 12 percent of the U.S. population can provide that many Senate votes. This converts the Senate from the “saucer” George Washington called it, in which scalding ideas from the more temperamental House might “cool,” into a deep freeze and a dead weight.

The Senate’s then-famous “Gang of Six,” which controlled crucial aspects of last year’s proposed health-care legislation, came from states that together held about 3 percent of the total U.S. population; 97 percent of the public lives in states not included in that group. (Just to round this out, more than half of all Americans live in the 10 most populous states—which together account for 20 of the Senate’s 100 votes.) “The Senate is full of ‘rotten boroughs,’” said James Galbraith, of the University of Texas, referring to the underpopulated constituencies in Parliament before the British reforms of 1832. “We’d be better off with a House of Lords."

Of course, the present-day version of the filibuster--where a supermajority of 60 votes is required to get any routine thing passed--is a relatively recent development, emerging only within the last 15 years or so. Still, though, the Senate is almost single-handedly responsible for America's inability to tackle any of its major, long-term problems.

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