Tradeoffs

Wisconsin’s Republican Senator Ron Johnson wants the present Republican-majority Senate to do away with the filibuster altogether on the argument that the Democrats (read: Progressive-Democrats) are going to do that anyway when they return to power. On the latter part, Johnson is correct, and when the Progressive-Democrats do that, it’ll be the death of our republican democracy and the birth of the tyranny of popular democracy.

Johnson made this argument, though, and on this he is wrong.

I’ll admit that the 60-vote cloture threshold has prevented many bad bills from becoming law, and that without it bad bills would become law more easily. But it also prevents good bills from getting passed.

That’s an excellent tradeoff, Johnson’s worries notwithstanding. Passing bad bills is far more destructive to our nation’s economy and to our national security than is not passing good bills. The latter can be tried again in politically short order; the former will take years just to undo the damage.

A legislature that gets nothing at all done is a far more successful legislature than one that passes even one bad statute. As a man said earlier in our national history, that government is best which governs least.

Contra Johnson, the Senate should eschew abusing us with bad laws because Senators think they have to pass something—anything—in order to earn their pay votes. Keep the filibuster.

Gerrymandering

Polls are increasingly showing that Americans oppose gerrymandering based on political partisanship; a Rasmussen poll illustrates.

Overall, 86% of likely US voters considered it a “problem” when states draw congressional district lines to favor one party over the other, including 61% who deemed it a “very serious problem.”

Americans hold that for good reason. Here’s what our Constitution has to say on Congressional representation:

Article I, Section 2: The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative….

There’s nothing in there about setting up districts according to political partisanship or for any other reason.

Additionally, here’s what the 14th Amendment says:

Article 1: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

There’s nothing in there that authorizes a State to treat any of its citizens differently from any other of its citizens based on individual political holdings. That last clause makes the matter crystalline. Equal protection means exactly that. The Supreme Court has held as much, quite explicitly, in its speech and religion rulings. Congressional districts and the American privilege of voting are no different.

The only real way to stop gerrymandering is to divide a State into square districts of substantially equal populations, with district boundaries differing from straight lines only when the district abuts a neighboring State.

Some might argue, taking this argument a step further, that such strict district-drawing would favor urban area citizens over rural in terms of their collective power in government. That may be, but that isn’t the here and now; that’s a case better debated—politically, not in our courts—in two or three generations. Our courts aren’t in the business of speculation, only in adjudicating based on the text of our Constitution today.