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Thursday, February 05, 2009
Steve Chapman :: Townhall.com Columnist
Dispensing with Democracy
by Steve Chapman
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


"Experience keeps a dear school," wrote Benjamin Franklin, "but fools will learn in no other." Right now, Americans are getting a crash course in the folly of our general approach to filling vacancies in the United States Senate. But so far, there is little evidence that we are learning the obvious lesson.

This week, President Obama appointed Sen. Judd Gregg, a Republican, to head the Commerce Department. When the idea was floated, cynics suspected a sinister motive. New Hampshire has a Democratic governor, John Lynch, and the iron tradition is that a governor, faced with a vacancy, fills it with someone from his own party -- even if it differs from that of the departing senator.

As it happens, Democrats were already on the verge of gaining their 59th seat, assuming Al Franken's apparent victory in Minnesota stands. Gregg's resignation would give them the chance to reach 60, the magic number for the dominant party to do anything it wants.

But that suspicion was in error. Gregg told the president he would accept only if Lynch would name a Republican replacement, denying Democrats a filibuster-proof majority. Lynch agreed, choosing Bonnie Newman, whose promise not to run in 2010 gives both parties a fair shot at capturing the seat.

On the surface, this sounds good. Obama gets to reaffirm his commitment to transcending old enmities, improving the chances for bipartisan cooperation. The Cabinet gets someone who will discourage the president from veering too far left. The Senate balance remains intact, impeding Democrats from oppressing the minority.

It's a far cry from the debacle in Illinois, where a governor allegedly tried to sell Obama's vacant Senate seat for personal gain -- and who, when that reported attempt came to light, appointed Roland Burris mainly because he had the same skin color as Obama. By comparison, the New Hampshire approach looks like a model of responsible stewardship.

Until, that is, you remember the clear loser in the deal: the people of the state, who for the next two years will be represented by someone they have never elected to any office, didn't elect to this one and may not want. As a bonus for their trouble, if it turns out they do like her, they can't keep her.

Rod Blagojevich treated a Senate appointment as a get-rich-quick scheme. Obama, Gregg and Lynch treat it as a tool for arranging the Washington political landscape to their liking. In each case, the voters are reduced to potted plants.

These are not the only examples of politicians bypassing democracy. In New York, Gov. David Paterson toyed with naming Caroline Kennedy to replace Hillary Clinton, until she backed out and he chose Kirsten Gillibrand. In Colorado, Gov. Bill Ritter selected Michael Bennet to take over for Ken Salazar.

Delaware Gov. Ruth Ann Minner asked Ted Kaufman, a longtime aide to Joe Biden, to serve out his term. So right now, 5 percent of the nation's highest legislative body will consist of members installed without the consent of the governed.

Only a handful of states make a practice of holding a special election to fill vacant Senate seats. Most leave it to the governor if the opening occurs less than two years before the next regular election.

That may have made sense back in the days when senators were chosen by state legislatures, as stipulated in the U.S. Constitution. Voters didn't get a say until the 17th Amendment was ratified in 1913. But if democracy is a better way to choose senators for six-year terms, it stands to reason that it's also a better way to choose senators for two-year terms.

True, elections cost money. Too bad. If cost were the dominant consideration, we wouldn't have them at all. No one would argue that in a period of fiscal distress -- say, a recession -- we should suspend normal democratic procedures to conserve cash. So how can we justify dispensing with the voters when it comes time to fill a Senate seat?

Some governors are honest and conscientious in making such appointments. Some are not. But in the most fundamental sense, it doesn't matter. Even the most honest, public-spirited governor is incapable of divining whom the people would elect if given the chance. A single person should not be entrusted with such unchecked authority.

Rod Blagojevich proved that. And no other governor has furnished a convincing rebuttal.

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About The Author
Steve Chapman is a columnist and editorial writer for the Chicago Tribune.
 
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Repeal the 17th Amendment!
Chapman and prior commenter "D" mention the 17th Amendment, but neither suggests that the amendment was, on the whole, a bad idea. I think it was: It made the Senate into a glorified House of Representatives, and it's developed that now senators spend a lot of their time cadging money for re-election -- with all the distortions that causes -- because Senate races are typically so expensive.

More generally, I think the continuous urgings for "more democracy" and for more people to vote are misguided. What they mostly do is draw inattentive, hence ill-informed people into the governance process. How can the increase of ignorance in the mix be beneficial?

With Ovomit and
his demorat serfs the people and their votes mean nothing any longer. They will pursue their Socialist/Liberal state by running over the people in the same way Hitler and any of the dictators did and still do.

Appinting Senators is up to the states.
I do not care how they pick their senators in New York, Delaware, New Hampshire or any other state except Indiana. As long as the follow the Constitution. If you do not like how it is done in your state, lobby to have it changed. If you do not like what it says in the Constitution, lobby to have it Amended.

AMENDMENT XVII

-snip-

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
-snip-

Repeal the 17th Amendment
The role of the Senate was to give the STATE a voice in the Federal Government. The State's did not yield all of their powers to the Federal Government and the Senate was the check they had to ensure the Federal Government did not encroach upon those powers. Since the 17th Amendment has passed, States have lost more and more power to the Federal Government. The interest of the State does not always mirror the interest of the People and the 2 chamber Congress was the compromise between these competing interest. Now the House and Senate vote based on what is advantageous to their reelection, more benefits for the people, more unfunded obligation to the States. We are now seeing the consequences of this action. No money for actual government functions like maintaining roads and bridges, funding police departments, public health, schools, etc. The States are forced to divert their budgets to Federally mandated programs such as school lunches for all children, health care for all people, welfare for people who don't work; all programs that take money from one citizen to be given to another. This then puts more pressure upon Senators to vote to give even more people government handouts to secure their reelection, instead of upholding the limits the Federal and State Constitutions place upon the respective governments.

Repeal 17
Chapman seems to infer that popularly elected senators are a good thing. WRONG! No one in Washington represents the interests of the states, and thus the states and their rights are trampled by Washington. No one cares. This must change. Divestiture of power from Washington back to the states will not ever take place unless the 17th is repealed.

Question for D @ 00:38
Are you saying the Senate was originally designed as an oligarchy?

For Paul @ 01:03: what about a total elimination of the Senate instead? (having been an ex-neighbour of yours--"my" Province borders on your state--I'm not exactly enamoured of an appointed Senate)

Gregg Toekn Republican
Gregg will be a token Republican in this administration.

http://www.cqpolitics.com/wmspage.cfm?docid=news-0000030248 58

SELECTING SENATORS
If the states are too cheap to hold elections, which would be the proper procedure, the governors could have all the polling gurus poll the citizens of their state with a simple yes or no vote for an appointee.

If the appointee gets more yes votes than no votes he/she is the new governor. If not hold another poll et cetara.

The Source of Irritation
WASHINGTON -- February 5, 2009: Sen. Debbie Stabenow (D-MI) told nationally syndicated talk host Bill Press this morning that the recent flips of liberal Talk stations in several markets were a "disservice to the public."

Stabenow said that, in the day of the Fairness Doctrine, "you had to have balance," and continued, "I think something that requires that in a market with owners that have multiple stations that they have got to have balance -- there has to be some community interest -- balance, you know, standard that says both sides have to be heard."

Stabenow told Press that the airwaves are "dominated by one view" that "overwhelms people's opinions -- and, unfortunately, incorrectly," and said that "right-wing conservative talk hosts" are "trying to make people angry and saying all kinds of things that aren't true and so on."

When Press asked if it is time to bring back the Fairness Doctrine, Stabenow responded, "I think it's absolutely time to pass a standard." To Press' inquiry as to whether she will push for hearings in the Seante "to bring these owners in and hold them accountable," Stabenow replied, "I have already had some discussions with colleagues, and, you know, I feel like that's going to happen. Yep."

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