In about 20 years, half the population will live in eight states
washingtonpost.com
washingtonpost.com
So, in some sense, the system works?
The whole point of having two different federal bodies based on different criteria is to try to ensure that minority populations or different demographic details of different states don't leave any population utterly without representation and a voice. The intent is that they will be forced to hash out their differences rather than just straight up letting one group run rough shod over everyone else completely unchecked.
It made sense the ensure states felt they had some guaranteed level of representation in order to get the states to agree to enter, or remain in, the union. But now that it's established precedent that states cannot leave the Union (at least without Congress) it's not clear to me that it's important to guarantee individual states anything.
Technically, the US is not a true democracy. Our state's speak for us and our state's represent us. This is how a presidential candidate can get less than a majority vote and still be president.
There is a term for it -- maybe republic -- but I'm not that awake and can't quite put my finger on it.
The current system creates incentives for states to split in two. What's the point of that? Why is it correct that Rhode Island and Connecticut are two states, and California is one state? It strikes me as an accident of history the number of states we have. It makes sense if states have a real choice about being in the union (as otherwise the small states wouldn't go for it) but without that, what do the big states get out of it?
[edit] In many political circles. In the antebellum era of US history it was used to excuse and defend slavery, and later, Jim Crow laws and segregation. There is a legitimate need for states to protect their rights, but that's not how the phrase has been used historically.
I am in favor of concentrating power in the hands of the people and have a bias towards local over regional or national. But I won't ignore the reality that many who have pushed for "state's rights" as a term were specifically fighting for the rights of states to oppress minorities. This is why I prefer to express my politics through phrases like "power to the people" and not "power to the states" - when states are undemocratic, they should have no rights.
Yeah, it's not like (for instance) the Constitution expressly forbade Congress (despite it's otherwise general power over international trade) from limiting the slave trade until 1808 except by imposing an import duty capped at $10/head.
Or like the Congress passed, and the federal executive enforced, and the federal courts applied laws protecting slaveholders rights over wayward property even if it strayed into free states.
Except, well...
Slavery was sanctioned at the federal level, protected by elements of the Constitution and defended by federal statute, up until after the Civil War.
Ever hear of the Fugitive Slave Act, the Dredd Scott decision,and the 3/5 compromise, among many other things?
Likewise the amended constitution limits the ability of the Congress to pass certain laws, without amending the constitution first.
Which may mean that all these acts to "give it away" to ISPs can be legally challenged.
From the states point of view, ISPs operate on several public easements. These probably give state and local governments the authority to regulate.
Realistically, if we went back to allowing state legislatures to choose their Senators, Republicans would have an essentially permanent 60-70+ seat veto- and filibuster-proof majority in the Senate.
Federalism is ingrained in the US Constitution. The degree to which power has flowed to DC is something that's happened despite the Constitution not because of it. There's a line in the Constitution that says everything that's not explicitly granted to the Federal government is in the hands of the State governments. Think about that.
Can anyone name anything that a State government can do that the Federal government can't? I'm not saying things that it doesn't do but things that it cannot do.
As long as that's the case having an undemocratic Senate - and that's what it is - is trouble. It will in the long run end up weakening the Senate as an institution. To the degree the US system is a federated one you can make an argument for the Senate but as things become more centralized the arguments for the Executive and the House - indeed for changing the House into a genuinely proportionally elected body become more and more plausible.
Generally speaking, I get the impression that most people dramatically underestimate the role of state and local government authorities in their daily lives.
I wouldn't argue that the Federal government doesn't delegate a lot of things to the States - see Medicaid - but that's not the same thing as the States doing something only because they can do it.
The South had an agricultural industry that was reliant (at least they believed it was reliant) on the horrid practice of slavery.
The Civil War settled the issue of slavery, and probably was the best time to try and rebalance the Senate. So now we’re stuck, and why would any of these less populated states give up power?
Looked at it that way, it makes sense that each state should have an equal number of representatives. After all, the federal system was supposedly created and maintained by the states. But after the Civil War flipped that around, and the 17th amendment called for the direct election of senators, they were really mis-configured for the job. As many people point out, now they're just direct representatives of the people, only with a mission created from the old ways of doing things. So why are they elected like this again?
As you say, we're stuck with it now. The only way to answer the criticism of giving states equal senators is to use an argument that is no longer valid. [Insert long discussion here about how nobody wanted a democracy in the U.S. It was never a goal and it was feared by the founders]
I wouldn’t say exactly they didn’t want it... but they definitely feared it. The presidency was also not directly elected, and now we’re dealing with that and the idiocy of the electoral college.
At least that one seems more feasible to fix, as the states themselves can decide how to allocate their electoral members.
I do wonder if the equal protections clause could be a mechanism to force a rebalancing of the constitutional senate allocation. I’m no lawyer, but it seems they they could be in conflict with each other.
The two-assembly structure exists because it was a compromise to not give the densely-populated states all the power in the new Republic. Crucially, this sort of compromise was important because it helped the less-populated states get on board with the whole "federal government" concept without fearing that power over their own affairs would be continually swamped by places like New York. "Land" gets voting rights because those who were in charge of that land (the state legislators) wanted it in order to sign onto the project.
This is why I find the modern media complaints trying to do away with such structures very troubling. It may be more vestigial at this point, but the setup was supposed to emphasize a collection of states rather than mere administrative subdivisions of a faraway government. Frankly, if there would be any change to the state-based system for senators, it should come with a free ability for smaller states to secede as a group; because it would be going back on the deal.
And that's why New Hampshire needed senators. New Hampshire needed to ensure that it could still get the things it needed from the federal government (presumably money in most cases) to make New Hampshire a good place to live. That's why land has voting rights -- New Hampshire (using it as an example for all less-populated rural states) used to be a lot more sovereign.
Now things have changed. New Hampshire isn't just ensuring that it gets the resources it needs. Because most laws in the US are now enacted on a federal level, New Hampshire is deciding implicitly how /other/ states behave. And this is the problem, and is clearly against the intent of the Constitution ("any power not explicitly granted to the federal government will be left to the states").
So, the bicameral legislature as designed made sense. But in its current context, it's fundamentally broken. If we want to return it back to its original intent, then it's time to get back to a period of States' Rights.
That’s simply not factually true.
50%: California, Illinois, Florida, Georgia, New York, North Carolina, Pennsylvania, Texas
20%: Arizona, Colorado, Massachusetts, Michigan, New Jersey, Ohio, Virginia, Washington
America is not a homogeneous nation, nor should we be. Residents of Wyoming should not live in the same environment residents of New York do.
Through diversity comes greatness. The wisdom of the founders is amazing.