The Unelected Senate
The Senate has never been a particularly democratic institution. It wasn't designed to be one. Small states have as big a voice there as big ones do. But now we have another phenomenon: A growing number of Senators who got there by virtue of having won the vote of only one person.
At this point, there are four states--New York, Colorado, Delaware, Illinois--being represented by Senators who were appointed by Governors. That is not unprecedented, but it already accounts (at least, according to my math) for about 13% of the U.S. population. And they may well be joined soon by three more from relatively big states--Florida, Texas and (depending on whether the Legislature changes the law) Massachusetts. That will mean more than a quarter of the U.S. population will be represented by people who were elected by a single constituent.
Isn't it time to come up with another way of doing this?
UPDATE: A good point and a suggestion from Swampland commenter Paul Dirks:
Ironically, the Senate was originally set uo to be fairly undemocratic. State legislatures were resonsible for choosing Senators and like Judges they were to be relatively immune from the winds of electoral politics. [KT NOTE: Historic background here.]
Perhaps, rather than relying on Governors, State legislatures should again play a role. It would be more democratic than the current arrangment and much quicker than a special election.
UPDATE2: From the archive, one of my all-time favorite Swampland Commenter Contests.
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1
Well, at least Texas has a fairly rapid election to follow the appointment, as will Massachusetts. But what's worse: an unelected Senator, or no Senator?
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2
Well KT, unless the nation is prepared to go to same day registration and voting, create the infrastructure, which would require some form of electronic voting, so we can create the capacity to put together an election on short notice -- then taking the appointments out of governor's hands, even for even short term, would leave these states with no representation at all, as in the case of Massachusetts if they don't change the law.
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2.1
You got there before I could, Dee. Most states don't have the infrastructure - or the cash, currently - to make this happen.
If the real concern is to make our democracy more (small d) democratic, start with real, serious campaign finance reform.
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2.2
You're right, we got to solve the special interest problem by reducing the amount of private financing in campaigns. It begins with demanding that those free licenses to broadcast along the digital spectrum comes with an obligation to provide a set amount of time for political advertising. is the donation of certain amount of free air time donated to campaign advertising on every network. Coupled with full public financing for political office and eliminating the access of individuals and pacs by eliminating all campaign contributions period.
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Now I know this won't eliminate the impact of all special interests. And frankly, we shouldn't want to. thee are plenty of special interests whether its AARP, unions, Non-profits that we want their voices heard. But if everyone is on the same level playing field that can only use marketing techniques to persuader voters rather than behind the scenes contribution to control officials then I won't have a problems with the use of independent expenditures and advocacy campaigns.
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But we can go a long way to diffusing the negative impact of money by removing the need to amass great sums by candidates. Challengers would have to amass signatures to become eligible for public financing, but there's nothing wrong with requiring them to engage in a little retail politics to build support for their race. I'm more concerned with the ability of the rich who can just buy their way into the system and just run for office because they have unlimited amounts of cash.
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I'm glad that you touch upon this very old practice of "good 'ol boy" tactics, Karen.
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This would be a very good start in Democracy returns to the people movement.Elected offices should be elected, not a political payback for the likes of Rod Blagojevich, our most recent Governor gone wrong from the Democrat bowels of corruption and political thievery.
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3.1
Not to mention that few voters are even aware of who they've elected for the legislature. Let's be realistic about this and not just assume that if we just throw it to the people that solves all of our problems. As long as the media doesn't do its job and let people know really who these people are and not simply repeat campaign slogans or for the most part ignore these legislature races all together, I wouldn't rely on legislatures or assume they can produce anything akin to democracy. I challenge all of you, let alone the general public to name their state senator or assembly person if they enjoy a bicameral legislature.
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4
Who cares? 90% of Senators couldn't care less about 99% of their constituents.
We need campaign finance reform (arguably with federally-funded elections), a multi-party system with some form of IRV, and, yes, proportional representation in the Senate.
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5
Ironically, the Senate was originally set uo to be fairly undemocratic. State legislatures were resonsible for choosing Senators and like Judges they were to be relatively immune from the winds of electoral politics.
Perhaps, rather than relying on Governors, State legislatures should again play a role. It would be more democratic than the current arrangment and much quicker than a special election.-
5.1
Good point, PD. Please see my update, and link to the history of all of this.
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Ironically, the Senate was originally set uo to be fairly undemocratic.
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True, but --just as an aside-- I'm also pretty sure that the Senate wasn't set up to be so undemocratic as to require a supermajority instead of a simple majority to pass any legislation. -
7
I have a problem with the lack of representation, but also a problem with the costs of a special election in these fiscally difficult times. In PA where we are still without the state budget that was required on July 1, the Repub Senate majority set up a special election for a state senator for the end of September. At the same time they are talking about cutting 50% of funds from libraries, which are less than 1% of state budget.
My preference would be an appointment for vacancies either by governor or legislature until the vacancy is filled at the next statewide election, either primary or general.
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Hey! That reminds me: Remember this post? One of my all time favorite commenter forums:
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7.2
Thanks, KT. Good Times!
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My problem with Paul's suggestion is that many state legislatures are absolutely insane.
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Exhibit A: Texas-
8.1
But as Rusty noted, many other State's governors are felons.
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Exhibit B: Illinois -
8.2
oops -- I was meant to respond to this comment.
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Not to mention that few voters are even aware of who they've elected for the legislature. Let's be realistic about this and not just assume that if we just throw it to the people that solves all of our problems. As long as the media doesn't do its job and let people know really who these people are and not simply repeat campaign slogans or for the most part ignore these legislature races all together, I wouldn't rely on legislatures or assume they can produce anything akin to democracy. I challenge all of you, let alone the general public to name their state senator or assembly person if they enjoy a bicameral legislature. -
8.3
Here in Wheatistan it's a choice that would make Hobson envious. No money for a special election – or for a special session of a legislature otherwise on vaycay until January. Worse, here a special session can't be limited to a particular subject; our present gang would likely outlaw the teaching of geology while waiting for the nominating speeches for senator to be drafted.
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8.4
Dee: I know both of mine well – well enough, in fact, that I wouldn't want one of the two to get the recognition of being named here.
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[...] One point for conversation. A commenter here suggests that Senators perhaps should be elected again by the state legislatures. It’s [...]
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[...] Unelected Senate Posted by admin, under Political Karen Tumulty notes that four states currently have appointed Senators -- New York, Colorado, Delaware, Illinois [...]
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[...] Karen Tumulty notes that four states currently have appointed Senators — New York, Colorado, Delaware, Illinois — which represent about 13% of the U.S. population. [...]
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OT: I just heard Maria Bartiromo get her coquettish butt handed to her by Anthony Wiener -- first he reminds us all that he left Joe Scarborough a quivering mass of jelly and now he not only exposes the lack of intelligent thought it takes to be the queen of the bimbettes, but he just laid a trap where she was just forced to admit, and you'll like this one KT, that she's not really a journalist -- "she was here to represent the investor" Well we always knew what her job was now we know whose paying for it.
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Sorry, but it's just far more interesting to see someone with the ability to deconstruct the ridiculous specious arguments that the media allows to be substituted for real debate. Please let her humiliation go viral on you tube. -
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Personally, I find myself more concerned about the de facto 60 vote floor for any vote (at least if it's a Democratic measure...funny how most Republican measures seem to avoid that 60 vote necessity, how strange), as well as how senators that represent less than 20% of the nation manage to hack out a 'bipartisan compromise' for a health reform bill that even 2 of the 3 'moderate Republicans' on that super-secret sub-committee admit they will never vote for and want to kill outright, essentially locking other significant senators for the sake of a compromise that's already compromised by Republicans who already admit they won't vote for it regardless of how much is given up.
To be quite honest, between that crap, the whole appointment issue that KT brings up, and the rather high prevalence of bought and paid for senators, I wouldn't mind firing the whole 100 of them and starting fresh right now.
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Isn't this a solution in search of a problem?
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Speaking of the ill-fated ex-Governor of Illinois, here is a Chicago Tribune epose' on Blagojevich's new book out soon.
"He also shares how he comforted himself in the back of an FBI agent's car after his arrest by silently reciting the lyrics to "You'll Never Walk Alone," the inspirational song from the musical "Carousel."
http://www.chicagotribune.com/news/local/chi-blagojevich-book-01-sep01,0,3359799.story
I even hear that Elliot Spitzer is thinking about a "come-back". Do these idiots ever go away?
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15.1
apparently a lot faster that let's say Tom Delay, Senator Ensign, Governor Sanford, Senator Vitter, former house speaker Newt Gingrich, and vice-president Dick Cheney, that the GOP tried to make disappear during the Republican convention and whose not being suggested for a run in 2010.
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16
Miracle of Miracles. There's one thing that everybody can agree on. Young or Old - Rich or Poor - Republican or Democrat or Libertarian or Socialist. American or Foreigner.Rod Blagojevich is a slimebag!
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Rustyreturns, by 'ill-fated ex-Governor of Illinois' I thought you meant ex-Governor of Illinois, George Ryan (Republican), who is currently is jail despite the 'gift' of $20M+ in legal representation of another ex-Governor of Illinois, Jim Thompson (Republican). Thompson is such a good friend he personally drove Ryan to jail.
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I'm sure you recognize the name of Tony Rezko, well known fund raiser for ex-Governor of Illinois Jim Edgar (Republican).
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I'm just trying to fill in your missing information. You're welcome.-
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Wow, here I thought that Rezko was just Obama's fund raiser. I guess he is just an equal opportunity opportunist.
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I miss gunny - and a whole lot of the old gang. One of the best things about the primary and election season of '08 was the repartee in the swamp.
I'm thinking an interim appt by the governor of a person pledging not to run in the special election makes sense. Not sure how legal that requirement would be though.
How about the appointment by the governor of the chief of staff of the senator< until the special election. You would get someone who knew the issues as well as the departing senator, but who was probably not planning to run for the office. Someone who would likely be committed to the same issues as the departing senator, so that the original intent of the people in electing said senator would be carried on. Someone who would understand the delivery of constituent services, and who could help prepare for the transition, as s/he would likely be doing anyway.
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19
This is a bit of silly journalism, trying to make something much more sensational than it is. The number of appointed senators is not "growing." It is mostly caused by the new administration (plus the Martinez mystery) and will soon be behind us. And the 13% number is contradicted by the point about small states. Four senators are 4% of the Senate, as Homer could figure out. Also, it is difficult to conclude that state legislatures would be categorically better than governors, who are also elected. This round gave us a peculiarly bad bunch, led by the Blago and Spitzer debacles. Its repeat is unlikely. Finally, why would anyone think our multi-million dollar senate elections are a model of democracy?
- ktumulty i will be tweeting this 12/5. MT @susanpage #Gridiron Club sets rules for tweeting at 12/5 dinner speeches by Sarah #Palin & Barney Frank. - 1 hour ago
- ktumulty @LATimesrainey Could you get them to check for my earrings? I lost a pair of silver ones and have been hunting all over the house for them. - 1 day ago
- ktumulty @TeresaKopec @fishbowlDC thanks! am declaring my age to be the avg of mine and fellow bday girl jen psaki. - 1 day ago
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