Ginsburg "chastised the Senate for refusing to act on President Obama’s Supreme Court nominee"

Tom 1

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Last I checked next month was October not January and Obama was definitely in his last year while Trump might be over four years away from his last year.

Wrong metrics - both instances are measured wherever reported up to the date of the election - Obama was blocked by the GOP from appointing a judge in March 2016, the commonly referred to 8 months before the election, in this instance there are less than 8 weeks until the election. If you want to include the lame duck period then Obama had well over a year to carry out a perfectly legal appointment, but was blocked from doing so by some characters who now one to push one through in little over a month. This is the last month of Trump’s term - as you can read anywhere this is written about in any serious reporting there is no question as to whether the next president should be able to appoint a judge, if that is Trump then he can do it then.
 
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grasping the after wind

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They meant last year of his term. The reason they gave is that voters are about to weigh in about what direction to go.

It was Obamas last year. There was definitely going to be a different President in January. The poster I responded to got wrong both the time frame in which the term ends and Trump's current status i.e. he is not, as Obama was,. a lame duck. That being said, I think the Senate should have voted on Obama's choice and rejected him rather than refusing to vote at all.
 
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grasping the after wind

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Wrong metrics - both instances are measured wherever reported up to the date of the election - Obama was blocked by the GOP from appointing a judge in March 2016, the commonly referred to 8 months before the election, in this instance there are less than 8 weeks until the election. If you want to include the lame duck period then Obama had well over a year to carry out a perfectly legal appointment, but was blocked from doing so by some characters who now one to push one through in little over a month. This is the last month of Trump’s term - as you can read anywhere this is written about in any serious reporting there is no question as to whether the next president should be able to appoint a judge, if that is Trump then he can do it then.


The last month of Trump's current term is from noon Dec. 20th to noon January 20th. Not from September 25th to October 25th. At one minute to noon on January 20th on the last day of the term, Trump or any past or future President has the legal authority to put forward a candidate for Senate approval. The Senate then has the moral duty to either approve or deny approval in a timely manner. The fact that Mitch McConnell shirked that ,moral duty once does not mean he is duty bound to shirk it again. As I said earlier, the Senate should have taken a vote on Garland and denied him their approval. Though the outcome was the same the means was not justified by the ends.
 
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Tom 1

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The last month of Trump's current term is from noon Dec. 20th to noon January 20th. Not from September 25th to October 25th. At one minute to noon on January 20th on the last day of the term, Trump or any past or future President has the legal authority to put forward a candidate for Senate approval. The Senate then has the moral duty to either approve or deny approval in a timely manner. The fact that Mitch McConnell shirked that ,moral duty once does not mean he is duty bound to shirk it again. As I said earlier, the Senate should have taken a vote on Garland and denied him their approval. Though the outcome was the same the means was not justified by the ends.

Everywhere this is reported the lame duck period in both instances is discounted, you may not think that is relevant, but political reporters do, as do posters here, hence the regular quoting of Ginsburg's 'last year' when by your metrics it was 15 months. It seems you don't agree that there is some difference between the last year and the last month of the term of a presidency either, well sure you can think that but again that only seems to be your view of it.
 
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wing2000

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As I said earlier, the Senate should have taken a vote on Garland and denied him their approval.

Why do you think the Senate should have rejected Judge Garland (if given the opportunity)?
 
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I don't see how that makes the presidential election meaningless. Doesn't it actually make it more meaningful? Do you think that the upcoming election is meaningless in regards to justices? If the Senate and President are from opposing parties then they would have to work together in the same way as the 60 vote rule to get a justice seated. I don't see a difference.

Which is why meaningless was in quotes -- I was referring to your claim that it gained in importance. My issue, how does it make it more meaningful? The President appoints his nominees, just as he always has. The issue here is that the majority in the Senate now has more power -- they are free to accept or reject a justice, or even not hold hearings (based on the Precedents set over the last five years). It isn't just the removal of the filibuster, it is the new ideas that the Senate majority has the right to do what it wants -- whether that is to not hold any hearings on a nominee or, possibly (we'll see what happens) to fast track a nominee.

I find that the republicans tend to nominate people with this philosophy rather than the democrats. I agree this is how it should be but do you think Biden and a democratic senate would nominate someone like this? I don't. I don't see how this changes with a 60 vote threshold.

This idea that Republicans tend to nominate people with this philosophy is Republican propaganda. Republicans have specific views on the Constitution, frequently "originalist" and then act as if that is the only "correct" reading. In truth, there are various ideas on how the Constitution should be interpreted among Constitutional scholars -- and each has ideas supporting it and weaknesses.

Perhaps as an example, when we talk about minority rights, the "originalist" arguments tend to look at the fact that the founders didn't really mean "all people are created equal" as they didn't allow women to have rights in the original Constitution and laws, they allowed slavery, etc. Granted, that is a bit simplistic, but it is a fact that other Constitutional theories allow for how the "world has changed," that women are no longer viewed or limited as they were in the 18th Century, the same with Blacks.

I disagree strongly. Both sides will character assassinate no matter the 60 vote rule or not. That has been demonstrated to be true.

You want the minority party to have an "extra" say and actually thwart the will of the people that elected the senators. If you want a different system then start making a campaign to change the constitution.

They may be that is juts how you look at it, but that is not promised in the constitution. So no one is doing anything unethical or illegal by changing the rules.

Except by "thwart the will of the people that elected the Senators" there are two issues -- first, some of the Senators were elected five years ago -- and the "will of the People" has changed since those Senators were elected. If the entire Senate had been up for reelection in 2018, there is a good chance you'd have a Democratic majority in the Senate -- but because only a third were up for re-election, and the states that had Senate elections, the Republicans remained in control.

Which brings up the next point, the Republican majority in the Senate was elected by a minority of US citizens. I'm not saying that is necessarily a bad thing, but it is a bit odd that you don't think the minority should be "heard" in the Senate when, in fact, the Senate "majority" actually represent a minority of Americans.

If we want to talk "will of the people" then the President would, in most cases, more accurately reflect that. Which brings us back to the topic -- if the Senate had acted on Pres. Obama's nominee, I wouldn't have an issue with what they are doing now -- the argument being the President represents the "will of the people." Instead, they didn't act then and are acting now, trying to pretend the Senate (as you alluded to) represents the "will of the people" despite the unique character of the Senate, and how every state (with two Senators) does not have an equal number of Americans, and they were not all picked in recent elections.

As for the "minority" voice in the Senate and the Constitution, let me try something different. In the "originalist" Constitutional argument, if you go back and look, our legislature was largely copied from the British system. There, they have a House of Lords and a House of Commons. The House of Commons was to represent the "commoner," the average joe, and as such the House of Commons is seen to be more variable, to be directly representing the "will of the people," and even more political. This is part of the reason we vote for Representatives every two years, so that they respond to their constituents wants and needs.

By contrast, the Senate, being modeled after the House of Lords, was set up to be a more delibrative body, more serious, and less swayed by the current political fad or trend. Since we didn't have "Lords" in the US, the Founders meant for it to be the "political elite" -- by which was meant the "best" of us; Daniel Webster, John Calhouns, William Clay, etc. It is why Senators were originally appointed by state legislators, again, they idea that it was the "elite" electing the best of them. Granted, it didn't necessarily work out that way, but historically the Senate has tended to be the "Senior Statesmen" of US Politics.

They idea is that Senators were people who put principle over politics. This was much of the reason for the idea of listening to the minority, to the fillibuster. And this is maybe the biggest basis for my objection -- essentially, the Senate is turning into the House. Their election was staggered so that they wouldn't be as influenced by the sways in opinion of the voting public -- the idea that the Senate reflects "the will of the people" was, in many ways, anathema to the Founders. Maybe that gives you a better idea of my objections to what is happening.
 
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grasping the after wind

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Why do you think the Senate should have rejected Judge Garland (if given the opportunity)?

Because the Republicans had the majority in the Senate. My opinion on this is not about the fitness of Judge Garland, I am not at all informed enough to give an opinion on that, but about the political reality of these times we are living in. The Supreme Court ceased being an independent impartial body long ago and decisions are often driven by political POV over judicial standards. That being the case, if there is an opportunity to stave off a Court becoming dominated by one political POV the legislators have to take that opportunity to do so. Unfortunately for the Democrats, in the current situation they do not have that opportunity. The proposed Democrat solution of packing the Court to ensure that it will align with their political POV is not quite the same thing. Denying the opposition dominance is not the same as rigging the system to acquire dominance for oneself. Taking an opportunity to keep the court from becoming dominated by the opposition POV is different than creating a situation in which one will be able to see one's own POV dominate.
 
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Because the Republicans had the majority in the Senate. My opinion on this is not about the fitness of Judge Garland, I am not at all informed enough to give an opinion on that, but about the political reality of these times we are living in. The Supreme Court ceased being an independent impartial body long ago and decisions are often driven by political POV over judicial standards. That being the case, if there is an opportunity to stave off a Court becoming dominated by one political POV the legislators have to take that opportunity to do so. Unfortunately for the Democrats, in the current situation they do not have that opportunity. The proposed Democrat solution of packing the Court to ensure that it will align with their political POV is not quite the same thing. Denying the opposition dominance is not the same as rigging the system to acquire dominance for oneself. Taking an opportunity to keep the court from becoming dominated by the opposition POV is different than creating a situation in which one will be able to see one's own POV dominate.

Your view seems to be tainted by your politics. As a counter example, I recall how many Republicans were upset that Pres. Obama was going to replace Justice Scalia, one of the most conservative members of the Supreme Court -- that Obama should be required to nominate another similar conservative to the Supreme Court. It was another of the "reasons" for Republicans to block the nomination.

I suspect, if this were Democrats that had denied a Republican President the chance to replace Ginsberg and was now rushing to replace Scalia with a liberal, you'd have a very different opinion if Republican's talked of "packing the court" to restore the balance that the Democrats "stole."
 
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grasping the after wind

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Your view seems to be tainted by your politics. As a counter example, I recall how many Republicans were upset that Pres. Obama was going to replace Justice Scalia, one of the most conservative members of the Supreme Court -- that Obama should be required to nominate another similar conservative to the Supreme Court. It was another of the "reasons" for Republicans to block the nomination.

I suspect, if this were Democrats that had denied a Republican President the chance to replace Ginsberg and was now rushing to replace Scalia with a liberal, you'd have a very different opinion if Republican's talked of "packing the court" to restore the balance that the Democrats "stole."

You are a poor guesser as your suspicions are groundless. I would never be in favor of packing the Court it will only lead to a Supreme Court that is even more motivated by politics with perhaps eventually thousands of Justices increasing every time the White House and the Senate change hands. If the Democrats had control of the Senate, I would expect that they would deny any candidate that Trump put up for the Court and that would be appropriate given their political POV. Most likely they would do this by not allowing a vote based upon the same reasoning that McConnell gave. It was wrong then and it is wrong now. Take the vote and either confirm or reject. Don't be a sore loser and try to change the rules of the game or rig the outcome to be what you wanted but could not get. .
 
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You are a poor guesser as your suspicions are groundless. I would never be in favor of packing the Court it will only lead to a Supreme Court that is even more motivated by politics with perhaps eventually thousands of Justices increasing every time the White House and the Senate change hands. If the Democrats had control of the Senate, I would expect that they would deny any candidate that Trump put up for the Court and that would be appropriate given their political POV. Most likely they would do this by not allowing a vote based upon the same reasoning that McConnell gave. It was wrong then and it is wrong now. Take the vote and either confirm or reject. Don't be a sore loser and try to change the rules of the game or rig the outcome to be what you wanted but could not get. .

Maybe, maybe not. I don't think we'd really know unless that situation had actually happened; instead, your view is colored by the current circumstances.
 
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Which is why meaningless was in quotes -- I was referring to your claim that it gained in importance. My issue, how does it make it more meaningful? The President appoints his nominees, just as he always has. The issue here is that the majority in the Senate now has more power -- they are free to accept or reject a justice, or even not hold hearings (based on the Precedents set over the last five years). It isn't just the removal of the filibuster, it is the new ideas that the Senate majority has the right to do what it wants -- whether that is to not hold any hearings on a nominee or, possibly (we'll see what happens) to fast track a nominee.



This idea that Republicans tend to nominate people with this philosophy is Republican propaganda. Republicans have specific views on the Constitution, frequently "originalist" and then act as if that is the only "correct" reading. In truth, there are various ideas on how the Constitution should be interpreted among Constitutional scholars -- and each has ideas supporting it and weaknesses.

Perhaps as an example, when we talk about minority rights, the "originalist" arguments tend to look at the fact that the founders didn't really mean "all people are created equal" as they didn't allow women to have rights in the original Constitution and laws, they allowed slavery, etc. Granted, that is a bit simplistic, but it is a fact that other Constitutional theories allow for how the "world has changed," that women are no longer viewed or limited as they were in the 18th Century, the same with Blacks.



Except by "thwart the will of the people that elected the Senators" there are two issues -- first, some of the Senators were elected five years ago -- and the "will of the People" has changed since those Senators were elected. If the entire Senate had been up for reelection in 2018, there is a good chance you'd have a Democratic majority in the Senate -- but because only a third were up for re-election, and the states that had Senate elections, the Republicans remained in control.

Which brings up the next point, the Republican majority in the Senate was elected by a minority of US citizens. I'm not saying that is necessarily a bad thing, but it is a bit odd that you don't think the minority should be "heard" in the Senate when, in fact, the Senate "majority" actually represent a minority of Americans.

If we want to talk "will of the people" then the President would, in most cases, more accurately reflect that. Which brings us back to the topic -- if the Senate had acted on Pres. Obama's nominee, I wouldn't have an issue with what they are doing now -- the argument being the President represents the "will of the people." Instead, they didn't act then and are acting now, trying to pretend the Senate (as you alluded to) represents the "will of the people" despite the unique character of the Senate, and how every state (with two Senators) does not have an equal number of Americans, and they were not all picked in recent elections.

As for the "minority" voice in the Senate and the Constitution, let me try something different. In the "originalist" Constitutional argument, if you go back and look, our legislature was largely copied from the British system. There, they have a House of Lords and a House of Commons. The House of Commons was to represent the "commoner," the average joe, and as such the House of Commons is seen to be more variable, to be directly representing the "will of the people," and even more political. This is part of the reason we vote for Representatives every two years, so that they respond to their constituents wants and needs.

By contrast, the Senate, being modeled after the House of Lords, was set up to be a more delibrative body, more serious, and less swayed by the current political fad or trend. Since we didn't have "Lords" in the US, the Founders meant for it to be the "political elite" -- by which was meant the "best" of us; Daniel Webster, John Calhouns, William Clay, etc. It is why Senators were originally appointed by state legislators, again, they idea that it was the "elite" electing the best of them. Granted, it didn't necessarily work out that way, but historically the Senate has tended to be the "Senior Statesmen" of US Politics.

They idea is that Senators were people who put principle over politics. This was much of the reason for the idea of listening to the minority, to the fillibuster. And this is maybe the biggest basis for my objection -- essentially, the Senate is turning into the House. Their election was staggered so that they wouldn't be as influenced by the sways in opinion of the voting public -- the idea that the Senate reflects "the will of the people" was, in many ways, anathema to the Founders. Maybe that gives you a better idea of my objections to what is happening.
Great post there. Lots to consider.

Agree that "the will of the people" is definitively thwarted by the 2-per state composition of the senate (not to mention the electoral college on the executive side.) A minority of voters can easily elect the majority of senators.
 
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wing2000

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Because the Republicans had the majority in the Senate. My opinion on this is not about the fitness of Judge Garland, I am not at all informed enough to give an opinion on that, but about the political reality of these times we are living in. The Supreme Court ceased being an independent impartial body long ago and decisions are often driven by political POV over judicial standards. That being the case, if there is an opportunity to stave off a Court becoming dominated by one political POV the legislators have to take that opportunity to do so. Unfortunately for the Democrats, in the current situation they do not have that opportunity. The proposed Democrat solution of packing the Court to ensure that it will align with their political POV is not quite the same thing. Denying the opposition dominance is not the same as rigging the system to acquire dominance for oneself. Taking an opportunity to keep the court from becoming dominated by the opposition POV is different than creating a situation in which one will be able to see one's own POV dominate.

Thank you for sharing your perception. I still think the USSC Justices strive to be impartial and rule according to their interpretation of the constitution / law.
 
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Clizby WampusCat

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They were just examples of things which might be turned up from a thorough set of investigations into each of Donald's appointees. And investigations like that are a precedent set by the Trump party - no use complaining about them now.

But in any case, tax evasion is a very serious crime. What prohibits Congress from impeaching a justice for committing such a crime? Seems like it would be perfectly legal to impeach based on that.
You did not say tax evasion, you said payed taxes incorrectly, which is not a crime it just needs to be fixed. If there was a justice that purposely evaded taxes then I would be OK with impeachment.

And now you understand how all of the "but it is legal" defenses of the Senate's actions sound to people not predisposed to conservative propaganda. Glad I could be of service.
I am still sorry that you cannot see the difference between lawful actions you don't like and unethical actions that you like. We all need to be better than this and choose better candidates to lead. We need to insist on ethical and lawful actions and hold them accountable.

Take a step back and see that both parties are corrupt and don't be swayed by party allegiance or an us vs them mentality. Just because a party is doing something you don't like does not amen they are immoral or breaking the law etc.
 
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Clizby WampusCat

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Which is why meaningless was in quotes -- I was referring to your claim that it gained in importance. My issue, how does it make it more meaningful? The President appoints his nominees, just as he always has.
Yes but if it is easier for one party to confirm them without the other parties votes, then it is more meaningful because the president knows he is picking the justice that will get confirmed.

The issue here is that the majority in the Senate now has more power -- they are free to accept or reject a justice, or even not hold hearings (based on the Precedents set over the last five years).
They may have more power than the minority party but the have exactly the power that the constitution gives them. If the minority party can get to be the majority they then have that power. I really don't see the problem.

It isn't just the removal of the filibuster, it is the new ideas that the Senate majority has the right to do what it wants -- whether that is to not hold any hearings on a nominee or, possibly (we'll see what happens) to fast track a nominee.
Yep. Why is this a problem? This is how our system works, if you want another system you need to work to change the constitution.

This idea that Republicans tend to nominate people with this philosophy is Republican propaganda. Republicans have specific views on the Constitution, frequently "originalist" and then act as if that is the only "correct" reading. In truth, there are various ideas on how the Constitution should be interpreted among Constitutional scholars -- and each has ideas supporting it and weaknesses.
Sure but I agree with the originalist view. If we want to change what the constitution says and what it means we must change the constitution. We have many writing from the people that actually wrote the document telling us why it was written a certain way. It does not need much interpretation. Read Madison's notes on the convention. It is fascinating and records the arguments and the compromises and reasons for both.

Perhaps as an example, when we talk about minority rights, the "originalist" arguments tend to look at the fact that the founders didn't really mean "all people are created equal" as they didn't allow women to have rights in the original Constitution and laws, they allowed slavery, etc. Granted, that is a bit simplistic, but it is a fact that other Constitutional theories allow for how the "world has changed," that women are no longer viewed or limited as they were in the 18th Century, the same with Blacks.
Yes and we corrected those bad ideas by changing the constitution. We can still do that today.

Except by "thwart the will of the people that elected the Senators" there are two issues -- first, some of the Senators were elected five years ago -- and the "will of the People" has changed since those Senators were elected. If the entire Senate had been up for reelection in 2018, there is a good chance you'd have a Democratic majority in the Senate -- but because only a third were up for re-election, and the states that had Senate elections, the Republicans remained in control.
Yep and that is the system we are under. Again want to change that change the constitution.

Which brings up the next point, the Republican majority in the Senate was elected by a minority of US citizens. I'm not saying that is necessarily a bad thing, but it is a bit odd that you don't think the minority should be "heard" in the Senate when, in fact, the Senate "majority" actually represent a minority of Americans.
Yep and that is the system we are under. Again want to change that change the constitution or local districting laws etc. Originally the senators were supposed to represent the states interests not the people. That is why they were not elected by the people. In my opinion we should go back to that system. I don't like that this is the case but I accept it as the system we are under. I can if I want get a campaign to amend the constitution again to cancel the 17th amendment. I don't advocate arbitrary laws to fix a problem I think needs fixing.

If we want to talk "will of the people" then the President would, in most cases, more accurately reflect that. Which brings us back to the topic -- if the Senate had acted on Pres. Obama's nominee, I wouldn't have an issue with what they are doing now -- the argument being the President represents the "will of the people." Instead, they didn't act then and are acting now, trying to pretend the Senate (as you alluded to) represents the "will of the people" despite the unique character of the Senate, and how every state (with two Senators) does not have an equal number of Americans, and they were not all picked in recent elections.
Ok, but that is the system we are under. Work to change it if you want but making up these ad hoc policies of what people should do in certain situations is not realistic. We can only hold them to the constitution and laws that are already in place. Expecting them to follow your idea of how things should work is naive.

As for the "minority" voice in the Senate and the Constitution, let me try something different. In the "originalist" Constitutional argument, if you go back and look, our legislature was largely copied from the British system. There, they have a House of Lords and a House of Commons. The House of Commons was to represent the "commoner," the average joe, and as such the House of Commons is seen to be more variable, to be directly representing the "will of the people," and even more political. This is part of the reason we vote for Representatives every two years, so that they respond to their constituents wants and needs.

By contrast, the Senate, being modeled after the House of Lords, was set up to be a more delibrative body, more serious, and less swayed by the current political fad or trend. Since we didn't have "Lords" in the US, the Founders meant for it to be the "political elite" -- by which was meant the "best" of us; Daniel Webster, John Calhouns, William Clay, etc. It is why Senators were originally appointed by state legislators, again, they idea that it was the "elite" electing the best of them. Granted, it didn't necessarily work out that way, but historically the Senate has tended to be the "Senior Statesmen" of US Politics.

They idea is that Senators were people who put principle over politics. This was much of the reason for the idea of listening to the minority, to the fillibuster. And this is maybe the biggest basis for my objection -- essentially, the Senate is turning into the House. Their election was staggered so that they wouldn't be as influenced by the sways in opinion of the voting public -- the idea that the Senate reflects "the will of the people" was, in many ways, anathema to the Founders. Maybe that gives you a better idea of my objections to what is happening.
I have agreed that the 17th amendment was a mistake. I understand your objections you have, but why should they follow your rules? They are not in the constitution or laws and they are doing what the people that elected them to do. We are not in a democracy, the majority does not always get its way. This is the system, if you want a different system then work to change it.
 
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Clizby WampusCat

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Great post there. Lots to consider.

Agree that "the will of the people" is definitively thwarted by the 2-per state composition of the senate (not to mention the electoral college on the executive side.) A minority of voters can easily elect the majority of senators.
Not the case. The house has a directly and proportionally represented by the people. The problem with the senate is that it was never meant to represent the people it was meant to represent the state and answer to the state governments not the public. When the 17th amendment was passed they became beholden to the people but not any other processes were changed.
 
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Not the case. The house has a directly and proportionally represented by the people. The problem with the senate is that it was never meant to represent the people it was meant to represent the state and answer to the state governments not the public. When the 17th amendment was passed they became beholden to the people but not any other processes were changed.
Youre agreeing with me, I think.

Simply Me was responding to someone who was dismayed at how the senate might diverge from the "will of the people". And I was agreeing with her that it does so by its nature.

Whether I think thats desirable is another matter. I'm having doubts. The threat that was "tyranny of the majority" is morphing into a threat of "tyranny by the minority".
 
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Clizby WampusCat

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Youre agreeing with me, I think.

Simply Me was responding to someone who was dismayed at how the senate might diverge from the "will of the people". And I was agreeing with her that it does so by its nature.

Whether I think thats desirable is another matter. I'm having doubts. The threat that was "tyranny of the majority" is morphing into a threat of "tyranny by the minority".
Got it. Thanks for the clarification.
 
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