Constitutional Side Effects

September 2, 2009 by Distributorcap

side ef-fect: any accompanying or consequential and usually detrimental consequence

There are medical side effects, military side effects, environmental side effects and apparently Constitutional side effects.

For all their diligent efforts and honorable intentions – the founding fathers built a few ‘provisions’ into the US Constitution that are proving to be tough in adapting to 21st century America. I have written about several of these inherent weaknesses in the past. The most egregious example of an archaic law is the completely obsolete and grossly muddled Electoral College. Other examples include vaguely defined executive powers, lifetime appointments for Supreme Court Justices, the poorly worded (and thus multi-interpreted) 2nd amendment and a provision leaving many regulations to a patchwork of state legislatures that often contradict each other.

But the American people are currently experiencing the side effects one of the most [IMHO] imbalanced laws in the Constitution – two senators per state.

Article I, Section 3 of the Constitution states:

“The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof for six Years; and each Senator shall have one Vote.”

Being the snobby aristocrats they were, the founding fathers figured that Senators, chosen by state legislatures, would remain above the fray and be able to concentrate on the business at hand without pressure from the people they represented. Bullshit – they were looking for a way of importing the House of Lords to America.

The emotional rationale behind this bi-cameral structure was equilibrium. The raucous nature of the House of Representatives would be counter-balanced by the dignified Senate. In the mind of the founding fathers, the Senate would be a body of distinguished orators that would argue the law nobly and on its merit. Think of the House/Senate difference as something akin to the difference between John Blutarsky of Delta House and Greg Marmalard from the Omegas. Outwardly they couldn’t be more polar opposites. Inwardly they are both really just members of Animal House.

The state appointment of Senators ended in 1913 with the passage of the 17th amendment:

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.”

Directly elected – yes. Noble and dignified – not anymore. Can we put the House and the Senate both on double secret probation.

Fast forward to 2009. The US has 50 states, therefore 100 senators. 57 are Democratic, 40 are Republican, 2 are Independents, 1 is vacant (several are morons and imbeciles). Those 100 men and women technically speak for the will of their states and theoretically represent the ideals of 305,000,000 American citizens.

Not so fast.

The most contentious policy being debated (to put it mildly) in recent years has been the introduction of Health Care (Insurance) Reform legislation. The pro/anti sides are obvious and the heels have been dug in. The Democrats are looking to reform, include and expand the current broken and sucky system using the government as financial processors. Who knows if it will work? The Republicans are looking to keep the status quo of the current broken and sucky system using their usual ~~fear~~ ~~socialist~~ budgetary argument. We know this is not working (except if you are the CEO of Aetna or Kaiser Permanente – then it works fine), but why let the facts get in the way of a good obstruction.

It is quite apparent neither side has any reason or desire to help the other. And surprise – they are not going to!

All power for writing this Health legislation somehow fell to Max Baucus, the Democratic Senator from Montana. Baucus, chairman of the Senate Finance Committee decided to form a subcommittee – three Democrats and three Republicans to hammer out some sort of bipartisan compromise. They are affectionately known as aka the “gang of six”

Lesson to America – be very afraid of anything called “gang of…”

Let’s take a look at this “gang of six”

Max Baucus, D-Montana. Population 967,000
Kent Conrad, D-North Dakota. Population 641,000
Jeff Bingaman, D-New Mexico. Population 1,984,000
Charles Grassley, R-Iowa. Population 3,002,000
Olympia Snowe, R-Maine. Population 1,316,000
Mike Enzi, R-Wyoming. Population 532,000

Time to tally the results – those six senators, who are wielding an incredible amount of financial, professional and emotional power over 305,000,000 Americans, represent 8,442,000 people – or 2.8% of the country. Iowa, the largest state in the bunch, ranks as the 30th most populated state. Wyoming is dead last. Based on the current Census estimates, there are eight states/districts that have less than 1,000,000 people – three are on this committee (missing are Delaware, South Dakota, DC, Vermont, Alaska). There are more people in New York City (8.5 million) than in those 6 states combined.

Small bases mean large percentage changes.

All recent national polls show somewhere between one half and three quarters of the country want some sort of government insurance program (aka the public option). It seems amazing that this country is willing to let 6% of the Senate, who represent 2.8% of the US, give 65% of the country the finger while they write legislation that will ultimately effect 100% of this nation.

Some side effect. Toss me the Imitrex. Oops, no insurance, can’t afford it.

I think food fight in the Senate might be the only way to settle this. Though David Vitter would have a rough time getting those tomato stains out of his diapers.