Thursday, January 28, 2010

Much has been written lately...

...about the near impossibility of passing major legislation in the United States Senate without a filibuster-proof 60 vote majority. Even opponents of health care reform should be concerned about the federal government's inability to address problems facing America. In the Atlantic, James Fallows writes:

That is the American tragedy of the early 21st century: a vital and self-renewing culture that attracts the world’s talent, and a governing system that increasingly looks like a joke. One thing I’ve never heard in my time overseas is “I wish we had a Senate like yours.”

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 [my emphasis]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.)

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