Sunday, March 14, 2010

On the composition of the U.S. Senate

James Fallows wrote in The Atlantic earlier this year:
We are now 200-plus years past Jefferson’s wish for permanent revolution and nearly 30 past Olson’s warning, with that much more buildup of systemic plaque—and of structural distortions, too. 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.)
I don't know whether it is possible to amend the Constitution to change the composition of the Senate, but it seems to me that it is worth trying. There is some justice in wanting a government that takes time to make big changes, but giving 12 percent of the population veto power over the rest, or making deals among Senators representing 3 percent of the population necessary accommodations to get legislation passed makes no sense.

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