Wednesday, August 05, 2009

I Wanna Apologise to Larry Sabato

Early on in this blog, during the period I was actually able to write up amendment ideas instead of obsessing over political sideshows, I spent some time reviewing the ideas that professor Larry Sabato (University of Virginia) put down in a book he wrote, A More Perfect Constitution.

One blog post focused on the idea of expanding Congress, increasing representative counts in both the House AND Senate as a means of ensuring better representation (smaller constituencies, the idea goes, means the representative will be more aware of what his/her district wants).

At the time, I was incredulous. I didn't much approve of the idea of increasing the House to an even 1,000 members: I thought it would merely increase the number of bought members to be owned by the Beltway lobbyists.

I also felt that Sabato's idea of adding more seats to the Senate via population counts - top ten large states get 2 extra Senators, next fifteen mid-sized states get 1 extra - was disrupting the Great Compromise that the Founders used to settle the debate between small- and large-populus states over how the legislature would be seated.

On that point, I want to apologize to Dr. Sabato. You might be right about this.

For one thing, we shouldn't hold EVERYTHING the Founders did as stuff carved into marble for permanent display. After all, another compromise the Founders did was the 3-out-of-5 count of slaves for population rolls, not to mention allowing slavery to exist period. And our nation had to spill a lot of blood four score years later to revise that mistake. They also didn't give women the vote, didn't establish due process across all the states, and allowed for the consumption of vile alcohol which led to the 18th Amendment banning beer... which led to the 21st Amendment unbanning it less than 20 years later. But I digress.

So we can allow for changes to the Constitution. The question was, is, and will always be, do we need to make a radical change to the make-up of the Senate?

Originally, the Senate was meant to be the great equalizer between the states making up the nation. Here, each state gets 2 Senators to represent, regardless of population size. All states therefore equal. Wyoming having as much say as Texas, North Dakota as much as North Carolina, Alaska as much as Florida. The House gets proportioned by population: there California rules all, with Wyoming sitting in a back corner wondering why nobody likes them.

But now, we're at a point where representation in the Senate is massively unbalanced, not by seating but by accountability. To quote Matthew Yglesias:

...but it does strike me as worth noting that when you read a puff piece in The New York Times about the Gang of Six bipartisan dealmakers in the Senate that vast power is being wielded by people who, in a democratic system of government, would have almost no power. We’re talking, after all, about Max Baucus of Montana, Kent Conrad of North Dakota, Jeff Bingaman of New Mexico, Susan Collins of Maine, Mike Enzi of Wyoming, and Chuck Grassley of Iowa. Collectively those six states contain about 2.74 percent of the population, less than New Jersey, or about one fifth the population of California. The six largest states, by contrast, contain about 40 percent of Americans.

We're currently in a major health-care crisis in the country, all related to rising costs. There's a bill (or twenty) stuck in the Senate, all facing blockage because a) the Republicans are playing the role of Obstructionists AND b) Max Baucus is obsessed with the idea of 'bipartisanship' even though his party now commands a 60-seat majority in the Senate and the other party is, again, playing the role of Obstructionists.

Some of it might also have to do with the fact that Baucus comes from a low-population rural state, which leans conservative more often than not and would be less likely to vote for things that even hint of 'socialism' (yeah, that word again). But Yglesias has a point: there are now Senators who are more powerful than other Senators, disproportionate to their state's actual place in our country's size.

Back in the beginning, when we had 13 states, this wasn't really that big a deal. Population disparity wasn't that pronounced, and the large population states (Virginia, New York, Massachussetts) were divided on certain regional issues to prevent any overt bullying of the smaller states. So you could live with an even number of Senators per state. But today: Today we have 50 states, and the population shift between the smallest and the largest are more pronounced. Those states that Yglesias lists (Wyoming, Montana, Maine, North Dakota, Iowa, New Mexico) barely total to New Jersey, which is at 8 million people only 11th on the list. Iowa tops out that list of Six at 3 million. Florida is over 18 million at the 4th spot. California is at 37 million. A majority of Californians may want health care reform... and a majority of Texans (sorry Ross Douthat but Texas ain't the Utopia you think it is) might want it, and I *know* living here in Florida there's a lot of people who want health care reform... but you've got six Senators from nowhere states thisclose to killing it. The proportions are now seriously WAAAAAY off.

So Sabato is right about the Senate needing a fix, that we need to include population size in adding more Senate seats so that the larger states get better representation.

Although I'm not entirely sure boosting the top ten with two additional seats is feasible. Given how the Senate rotates their 6-year terms over 2-year election cycles, you're gonna have overlap of 2 Senate seats up for grabs in one election year. A more modest proposal would perhaps give the top 15 states one additional Senate seat each. That caps out to 3 Senators per big state, and each election year with a Senate seat up for grabs with no overlap. It might also allow for the mid-size states to more often rotate who gets the extra seat every 1o-year census: while the top 8 states are so overly populated that they may never lose that extra seat (barring natural disaster or an insane state tax code killing off all social services), with this system the states between spots 9 to 17 will be more... interested in maintaining their population figures. If 15 states is too small a portion, we can go to 20 states getting an extra seat and get all the important states (except poor Minnesota, which might declare war on Wisconsin to get that coveted 20th spot).
Giving 15-20 states one extra Senator would also be more fair than giving the top 10 two extra Senators: that could give California, Texas, New York, Florida and the other six mayhaps TOO much representative power. Even if the next 15 states in Sabato's proposal get one extra.

So again, to Professor Larry Sabato, my apologies. We do need to make the Senate more responsive and accountable to the overall population of the United States: we need to reduce the choke-hold small-population states may have over large-population states. We need a government more responsive to the People, not the States.

But still... Yeah I know, I shouldn't be adding a "But..." to an apology. But I just want to point out that while this proposal will fix representation in the Senate, it won't fix the undue influence lobbyists have on government as a whole. (dammit, I had an article online that showed the health care industry's contributions to both parties over the years, and now I can't find it... grrr) THAT is gonna take a whole different amendment... and maybe a class revolt or three...

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