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Feingold's amendment: the worst kind of pig-ignorant populist nonsense

Submitted by Simon on Thu, 08/20/2009 - 8:19am

That's a strong title, but it's appropriate. Two issues I have previously posted about have resurfaced together in this LAT editorial. A fatuous Constitutional amendment proposed by Senator Feingold that would cripple the United States Congress in the event of a catastrophic attack on Washington DC recently came to a committee vote. The LAT approvingly notes Sen. Feinstein's no vote, and I shredded Feingold's amendment here in January. Feingold's myopic amendment demonstrates perfectly why I have expressed considerable skepticism about amending the Constitution.

The LAT adds that "Feingold likens it to the 1913 change in the Constitution providing for the popular election of senators, replacing the previous practice in which senators were chosen by state legislatures." That is the kiss of death in my book, having previously argued at length that the Seventeenth Amendment was a catastrophe.

The merits of indirect democracy

On the subject of the Seventeenth amendment, I feel the largest problem with direct democracy for the Senate--and I think this applies to the Presidency also--is not the upset of the balance between state and federal power, its that people are actually less represented--not more represented--when any large-scale election is done without intermediary representatives.

If someone's state legislator supported the election of a Senator and a citizen is unhappy with the Senator's action, he can organize pretty easily within his community to unseat his state legislator, and elect someone who'll make better decisions. On the other hand, if the Senator is elected by popular vote, one citizen is a just drop in a pool of millions of voters, and his ability to organize and create change is reduced. Elections are now influenced more by money to purchase things like TV ads and mailers, than by individual organizers.

So--in a way that may seem unintuitive to many people--the individual citizen is actually represented better by indirect elections, because he's allowed to be more involved in determining his representatives and participating in the process of government.

The same logic would apply when we're talking about the direct election of a President versus election via an electoral college.

From my understanding of the history of it, the driving force behind the Seventeenth Amendment wasn't a simple fetish for pure democracy, but the feeling that the Senate had become corrupt and Senators were bought out by various interests as back-room deals were made to appoint them. Unfortunately, all that happened with its passage, is that one form of corruption was replaced with another.

I had this debate a while back with Simon, and you both make

an interesting point. I don't really see how state legislatures are any less prone to corruption then the people who elect them, and while the extra check may slow it down, it's entirely possible for the same campaign culture to spring up under the old arrangement--as you said, that's what brought up the Amendment in the First place.

As to Feingold's amendment, I maintain my original view that it is monstrously stupid, and the worst part is that it attempts to solve a nonexistent problem.

On a side note, anyone have thoughts on Ted Kennedy's proposal regarding the Senate replacement procedure for Massachusetts?

I think that if a Republican

I think that if a Republican were still the Governor of Mass., he'd rather chew glass than accept what he now proposes. ;) I'll get back to you both about the other issues.

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