The Choice to Be a Disadvantaged-Group Advocate in the US Senate

2021 ◽  
pp. 124-171
Keyword(s):  
The Us ◽  
2016 ◽  
Vol 25 (3) ◽  
pp. 551-560
Author(s):  
ERIC PULLIN

Secrecy has unintended consequences. The release on 9 December 2014 of the US Senate Intelligence Committee's report on the torture of terrorism detainees focused public attention on the secret activities of the Central Intelligence Agency (CIA). Regrettably, lost amidst debate over justifying or condemning state-sponsored torture is a more basic concern, the issue of state secrecy, which underlies the discussion of how governments promote national ends. Only two days after the issuance of the Senate Intelligence Committee's report, the US House of Representatives adjourned without taking action on the Freedom of Information Act reform bill – despite receiving unanimous approval in both houses. This bill would not have required complete openness, but it would have eliminated many of the arbitrary mechanisms that enable the CIA and other governmental agencies to suppress requests for information. Although the House Republican leadership failed to put the act on the legislative calendar, the Obama administration's Department of Justice also deserves opprobrium for surreptitiously opposing the act behind the scenes. The US government's disregard for establishing reasonable rules of transparency virtually guarantees that the CIA will continue to suppress its records, and thus public scrutiny of its unchecked activities, for a very long time to come.


2019 ◽  
pp. 175-192
Author(s):  
James Lindley Wilson

This chapter assesses how the inequalities in voting power involved in the US Senate and in the Electoral College used to elect the president violate the requirements of political equality. The Senate comprises two senators from each state. States with large populations get the same number of votes in the Senate as do states with small populations. Because the states vary considerably in population, there are large inequalities in how many citizens are represented by a senate delegation. This unequal representation of individuals in the Senate constitutes objectionable political inequality. The Senate is thus unjustifiably undemocratic. This conclusion has implications for the election of the US president, as the Electoral College process for such election tracks what the chapter argues is the malapportionment of the Senate. This inequality, too, is objectionable, and it should be eliminated. The reasons for a more egalitarian election of the president are all the more urgent given that the inequalities in the Senate are much more constitutionally entrenched, and thus likely to remain. The election of the president should mitigate that inequality rather than exaggerate it.


Author(s):  
Neilan S. Chaturvedi

For almost thirty years, political scientists have believed that the US Senate would be less affected by partisan polarization due to the existence of a handful of moderate senators who would act as power brokers between the two sides, yet year after year we see partisan gridlock. Life in the Middle argues that the belief in the powerful, pivotal moderate neglects their electoral circumstances and overestimates their legislative power. Indeed, not all senators are elected under equal circumstances where the modern centrist has to balance between two conflicting constituencies like Susan Collins in Maine, or represents a state where the opposition outnumbers their base like Joe Manchin in West Virginia. Using data compiled from the Congressional Record, the book examines the legislative behavior of moderates and finds that they seldom amend legislation to their preferences, rarely speak on the record, and often lose on final votes. Using unique interview data with nineteen legislative directors and six retired centrist senators, it also finds that the behind-the-scenes conversations mirror the on-stage behavior where centrists are not influential or viewed as pivotal by party leaders. Furthermore, moderates reported less satisfaction with legislative outcomes than their peers. Life in the Middle suggests that lawmaking needs to be re-evaluated as being much more variable and less reliant on the work of moderates and more on party leaders. Indeed, the mainstream concerns about polarization and its negative effects of increased gridlock and ideological legislation may be true.


Author(s):  
Christian Freudlsperger

The first of the three case studies looks at the United States. It finds that while the states’ opportunities for individual exit have remained unconstrained in the non-coercive field of procurement in which federal pre-emption is not an option, no serious attempts have been made to systematically increase their voice. This is due, firstly, to the mechanics of the US senate-type system of multilevel representation and, secondly, to the lack of an institutionalized procedure of vertical collaboration in a policy environment characterized by ‘coercive federalism’. Persisting barriers in the internal market and a widespread politicization of international procurement liberalization as a threat to state sovereignty have further contributed to constituent units’ high propensity to seek exit from international constraints. Ultimately, the US case highlights the limits of self-rule systems in organizing trade openness across multiple levels of government. Endowing the states with little voice in polity-wide policy-making, the US model shows a marked tendency to breed resistance to internationally driven adaptational pressures among constituent units. As self-rule systems are built on a delineation of central and subcentral spheres of competence, they generally tend to lack the institutional means and ideational underpinnings to effectively organize collaborative power-sharing by establishing patterns of shared rule.


2018 ◽  
Vol 46 (4) ◽  
pp. 645-667
Author(s):  
Vicki C Jackson

Aspects of an entrenched constitution that were essential parts of founding compromises, and justified as necessary when a constitution was first adopted, may become less justifiable over time. Is this the case with respect to the structure of the United States Senate? The US Senate is hardwired in the Constitution to consist of an equal number of Senators from each state—the smallest of which currently has about 585,000 residents, and the largest of which has about 39.29 million. As this essay explains, over time, as population inequalities among states have grown larger, so too has the disproportionate voting power of smaller-population states in the national Senate. As a result of the ‘one-person, one-vote’ decisions of the 1960s that applied to both houses of state legislatures, each state legislature now is arguably more representative of its state population than the US Congress is of the US population. The ‘democratic deficit’ of the Senate, compared to state legislative bodies, also affects presidential (as compared to gubernatorial) elections. When founding compromises deeply entrenched in a constitution develop harder-to-justify consequences, should constitutional interpretation change responsively? Possible implications of the ‘democratic’ difference between the national and the state legislatures for US federalism doctrine are explored, especially with respect to the ‘pre-emption’ doctrine. Finally, the essay briefly considers the possibilities of federalism for addressing longer term issues of representation, polarisation and sustaining a single nation.


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