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Monday, February 23, 2009

George Will exposes Russ Feingold's next trick

And this isn't just Feingold on board this utterly idiotic idea, but John McCain's on board with this foolishness. Basically, Feingold would like to see the 17th Amendment amended to where a special election filled a vacancy. While we have had our disagreements with George Will, he is spot-on with his idea that the 17th shouldn't be amended, but rather repealed:

A simple apology would have sufficed. Instead, Sen. Russ Feingold has decided to follow his McCain-Feingold evisceration of the First Amendment with Feingold-McCain, more vandalism against the Constitution.

The Wisconsin Democrat, who is steeped in his state's progressive tradition, says, as would-be amenders of the Constitution often do, that he is reluctant to tamper with the document but tamper he must because the threat to the public weal is immense: Some governors have recently behaved badly in appointing people to fill U.S. Senate vacancies. Feingold's solution, of which John McCain is a co-sponsor, is to amend the 17th Amendment. It would be better to repeal it.

The Framers established election of senators by state legislators, under which system the nation got the Great Triumvirate (Henry Clay, Daniel Webster and John Calhoun) and thrived. In 1913, progressives, believing that more, and more direct, democracy is always wonderful, got the 17th Amendment ratified. It stipulates popular election of senators, under which system Wisconsin has elected, among others, Joe McCarthy, as well as Feingold. ...


Feingold says that mandating election of replacement senators is necessary to make the Senate as "responsive to the people as possible." Well. The House, directly elected and with two-year terms, was designed for responsiveness. The Senate, indirectly elected and with six-year terms, was to be more deliberative than responsive.

Furthermore, grounding the Senate in state legislatures served the structure of federalism. Giving the states an important role in determining the composition of the federal government gave the states power to resist what has happened since 1913 -- the progressive (in two senses) reduction of the states to administrative extensions of the federal government.


Severing senators from state legislatures, which could monitor and even instruct them, made them more susceptible to influence by nationally organized interest groups based in Washington. Many of those groups, who preferred one-stop shopping in Washington to currying favors in all the state capitals, campaigned for the 17th Amendment. So did urban political machines, which were then organizing an uninformed electorate swollen by immigrants. Alliances between such interests and senators led to a lengthening of the senators' tenures.


The Framers gave the three political components of the federal government (the House, Senate and presidency) different electors (the people, the state legislatures and the electoral college as originally intended) to reinforce the principle of separation of powers, by which government is checked and balanced.


Although liberals give lip service to "diversity," they often treat federalism as an annoying impediment to their drive for uniformity. Feingold, who is proud that Wisconsin is one of only four states that clearly require special elections of replacement senators in all circumstances, wants to impose Wisconsin's preference on the other 46. Yes, he acknowledges, they could each choose to pass laws like Wisconsin's, but doing this "state by state would be a long and difficult process." Pluralism is so tediously time-consuming.


Irony alert: Feingold's amendment requiring elections to fill Senate vacancies will owe any traction it gains to Senate Democrats' opposition to an election to choose a replacement for Barack Obama. That opposition led to the ongoing Blagojevich-Burris fiasco.


By restricting the financing of political advocacy, the McCain-Feingold speech-rationing law empowers the government to regulate the quantity, timing and content of political speech. Thanks to Feingold, McCain and others, the First Amendment now, in effect, reads: "Congress shall make no law . . . abridging the freedom of speech unless it really, really wants to in order to guarantee that there will be only as much speech about the government as the government considers appropriate, and at times the government approves."


Now Feingold proposes to traduce federalism and nudge the Senate still further away from the nature and function the Framers favored. He is, as the saying goes, an unapologetic progressive, but one with more and more for which to apologize.

Mr. Will is correct. It was progressives who wanted the electorate involved in the election of senators, but that was the wrong way to go. The Framers didn't believe in direct democracy. If they had, they wouldn't have established a representative republic. Educated, respectful representatives would have never tampered with the Constitution the way these so-called progressives have.

Russ Feingold is an ass. He thinks he knows better than the Framers, and he has his former co-conspirator with him. No offense to McCain supporters, but that doddering old fool is as much an ass as Feingold is. Seriously, what is it about these idiots who think they know better? Why do they always apologize and bemoan how they don't want to amend the Constitution, but that they have no choice?

Personally, I don't think this amending idea will make it through the Congress. Remember, you need 2/3's of the Congress and 3/4's of the States to approve any amendments made to the Constitution. That means Russ Feingold's idea has a dwindling chance of passing, but I'd put my money on it going down in flames.

Senator Feingold, leave the bloody Constitution alone. Just sit in the Senate like the potted plant you were elected to be.

Publius II

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