Senate Reform: How to make it less undemocratic and more useful.

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Problems with the Senate

  • Unequal Representation: The current structure gives equal representation to states regardless of population, amplifying the voices of smaller states and marginalizing larger, more diverse states.
  • Legislative Gridlock: The filibuster requires a supermajority for most legislation, often leading to gridlock and obstructing essential laws.
  • Disproportionate Influence of Lobbyists: With only 100 Senators who have longer terms than House members, Senators are more susceptible to bribery from lobbyists. Big donors can block progress on issues by influencing just a few Senators from each party.
  • Lack of Reflective Democracy: The Senate’s structure prevents it from accurately reflecting the will of the American people, hindering the representation of diverse interests.
  • Impediments to Progress: The current setup allows a small number of Senators to stall or block legislation, making it difficult to address critical national issues effectively.

What are the main goals of this amendment?

  • Address malapportionment by giving more Senate representation to heavily populated states while still ensuring fair representation for smaller, less populated states.
  • Prevent the filibuster from causing gridlock and obstructing the passage of essential laws.
  • Coupled with term limits and campaign finance reform, aim to reduce corruption and bribery from lobbyists.
  • Eliminate reelection, but make the terms longer.
  • Create a process more effective than impeachment that can remove corrupt Senators.
  • Make the Senate more representative of the diversity within the United States.
  • Prevent a small number of Senators from stalling or blocking legislation, allowing critical national issues to be addressed effectively.

How does this amendment accomplish its main goals?

Representation Based on Population With a Minimum Number for Smaller States

  • Senators will be elected based on the population of each state, with a minimum of two Senators per state.
  • Each state’s representation is determined by dividing its population by 3,000,000 and rounding down to the nearest whole number.

Term Limits

  • Senators serve a single term of twelve years.
  • They are not eligible for re-election after one term.

Removal Through No-Confidence Vote

  • Constituents can initiate a no-confidence vote with a petition signed by at least twenty percent of registered voters in the state.
  • If the majority votes for removal, a special election will fill the vacancy for the remainder of the term.

Abolition of Filibustering

  • Filibustering is abolished.
  • Senate procedures ensure timely consideration and voting on all proposed legislation.

Public Financing of Campaigns

  • Senate election campaigns will be publicly financed.
  • Congress enforces this to ensure fairness and reduce the influence of private donations.

Openness and Accessibility

  • All Senate proceedings and committee meetings must be open to the public.
  • Senators must hold regular town hall meetings to engage with constituents.

Fair Senate Districts

  • Independent, non-partisan commissions draw Senate district boundaries to prevent gerrymandering.
  • Congress has the power to enforce this through legislation.

Automatic Voter Registration

  • Eligible citizens are automatically registered to vote.
  • Congress enforces this provision to protect and enhance voting rights.

Lower Age Requirement

  • The age requirement to serve as a Senator is lowered to twenty-five years.

Statehood for Washington D.C. and Puerto Rico

  • Upon ratification, Washington D.C. and Puerto Rico gain statehood and full representation in the Senate.

Implementation and Repeal

  • The amendment takes effect for the first election occurring one year after ratification.
  • Any conflicting laws or constitutional provisions are repealed.

The Amendment

SECTION 1

The Senate of the United States shall be composed of members chosen by the people of the several states, with representation apportioned based on the population of each state. The number of Senators representing each state shall be determined by dividing the total population of the state by 3,000,000 people, and rounding down to the nearest whole number. Each state shall have a minimum of two Senators. The population of each state will be based on the latest census data.

SECTION 2

Each Senator shall be elected to serve a single term of twelve years. No Senator shall be eligible for re-election to the Senate after serving one term.

SECTION 3

A Senator may be removed from office through a no-confidence vote initiated by the constituents of the Senator’s state. A no-confidence vote shall be triggered by a petition signed by at least twenty percent of the registered voters in the Senator’s state. If a majority of those voting in the no-confidence referendum vote in favor, the Senator shall be removed from office, and a special election shall be held to fill the vacancy for the remainder of the term.

SECTION 4

The practice of filibustering is hereby abolished. The Senate shall adopt procedures to ensure the expeditious consideration and voting on all proposed legislation.

SECTION 5

Campaigns for election to the Senate shall be publicly financed. Congress shall have the power to enforce this provision through appropriate legislation, ensuring equal opportunity for all candidates and reducing the influence of private donations.

SECTION 6

All proceedings of the Senate, including committee meetings, shall be conducted openly and be accessible to the public. Senators shall be required to hold regular town hall meetings within their states to engage directly with their constituents.

SECTION 7

The boundaries of any Senate districts established under this amendment shall be drawn by independent, non-partisan commissions to ensure fair representation and to prevent gerrymandering. Congress shall have the power to enforce this provision through appropriate legislation.

SECTION 8

To protect and enhance the right to vote, automatic voter registration shall be implemented for all eligible citizens. Congress shall have the power to enforce this provision through appropriate legislation.

SECTION 9

The age requirement for eligibility to serve as a Senator is hereby lowered to twenty-five years.

SECTION 10

Upon ratification of this amendment, the Congress shall admit Washington D.C. and Puerto Rico as states, providing them full representation in the Senate.

SECTION 11

This amendment shall take effect for the first election occurring after one year from the date of its ratification. All provisions of the Constitution or of the laws of the United States which are inconsistent with this amendment are hereby repealed.

Common Questions

What is the filibuster?

The filibuster is a procedural rule in the U.S. Senate that allows a minority of senators to delay or block a vote on legislation by extending debate on the measure.

Why is the filibuster considered anti-democratic?

The filibuster is considered anti-democratic because it allows a small minority of senators to prevent legislation from passing, even if it has the support of the majority of senators and the American people. This undermines the principle of majority rule, which is fundamental to democratic governance.

How does the filibuster violate the “one man, one vote” principle?

The filibuster exacerbates the already unequal representation in the Senate, where states with small populations have the same number of senators as states with large populations. This means that a senator from a small state can wield disproportionate power, further distorting the representation of the American people.

How has the filibuster been abused in recent years?

In recent years, the filibuster has been used more frequently and strategically to block legislation without even debating it. This has prevented the Senate from acting on important issues, such as voting rights, raising the minimum wage, securing equal pay, and enacting commonsense gun reforms, despite these issues having broad public support.

What did historical figures like James Madison and Alexander Hamilton say about majority rule?

James Madison and Alexander Hamilton both emphasized the importance of majority rule. Madison argued that requiring more than a majority to pass legislation would reverse the fundamental principle of free government. Hamilton warned that giving a minority the power to block the majority’s will would be a poison to democratic governance.

What impact does the filibuster have on the legislative process?

The filibuster can paralyze the legislative process, making it difficult for the Senate to pass laws that reflect the will of the American people. This can lead to a lack of progress on critical issues and a sense of frustration and disenfranchisement among voters.

Why is it important to reform or eliminate the filibuster?

Reforming or eliminating the filibuster is important to ensure that the Senate can function as a democratic body where the majority can effectively pass legislation. This would make the Senate more responsive to the will of the people and help restore trust in the democratic process.

What impact does the filibuster have on the legislative process?

The filibuster can paralyze the legislative process, making it difficult for the Senate to pass laws that reflect the will of the American people. This can lead to a lack of progress on critical issues and a sense of frustration and disenfranchisement among voters.

What are some alternatives to the current filibuster rule?

Alternatives to the current filibuster rule include reducing the number of votes required to end debate, implementing a “talking filibuster” where senators must continuously speak on the floor to maintain a filibuster, or eliminating the filibuster entirely for certain types of legislation. These changes would help ensure that the Senate can operate more democratically while still allowing for thorough debate and minority input.

What is malapportionment and how does it affect the Senate?

Malapportionment refers to the unequal representation of citizens in legislative bodies. In the Senate, each state, regardless of population size, is represented by two senators. This means that states with smaller populations have the same representation as states with much larger populations, leading to unequal representation. For example, a senator from Wyoming represents about 580,000 people, while a senator from California represents nearly 40 million people. This imbalance means that the votes of individuals in smaller states carry much more weight than those in larger states.

How does malapportionment undermine democratic principles?

Democratic principles are based on the idea of equal representation, where each person’s vote should carry roughly the same weight. Malapportionment in the Senate violates this principle by giving disproportionate power to residents of smaller states. This can result in legislation that does not reflect the preferences of the majority of Americans, undermining the concept of government by the people.

How does the Senate’s structure create potential for bribery and corruption?

The structure of the Senate, with its small number of members and the significant power each senator holds, creates an environment where individual senators can be heavily lobbied by special interest groups. With only 100 senators, a relatively small number of votes can determine the outcome of crucial legislation, making each senator a valuable target for lobbying efforts. This can lead to a situation where senators might be more influenced by financial contributions and promises from lobbyists than by the will of their constituents.

Why does the equal representation of states in the Senate pose a problem for democracy?

The equal representation of states, regardless of population, means that the Senate does not reflect the democratic principle of “one person, one vote.” Instead, it reflects a compromise made during the drafting of the Constitution to balance the interests of small and large states. This compromise has resulted in a legislative body that can pass laws and confirm appointments that do not align with the preferences of the majority of Americans.

Can the structure of the Senate be changed to make it more democratic?

Under the current constitution, changing the structure of the Senate would require a constitutional amendment.

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