au1929 wrote:Scrat
The problem is however,if it can be termed a problem, the small states electoral vote is more heavily weighted {in relation to population} than the large states. Further, the fear of tyranny of the big states can IMO turn into tyranny by the small ones. That is no more evident than in the senate. A state with less people than a four block area in any large city carries as much weight as a state twenty times as populous. The states in the western US wield undue power in relation to their population.
This is specious, for precisely the reason that the Senate as composed was originally accepted, reluctantly, by the smaller states. The entire process of the constitutional convention was to reconcile regional interests, and majoritarian tyranny was much on the minds of and in the writings of James Madison and George Wythe. Jefferson read law under the tutelege of Wythe, and Wythe's private writings reveal that much of what Jefferson wrote was Wythe's philosophy writ larger and more floridly. The notion that "popularism" serves the best interest of the nation assumes that the interests of "the people" at large are largely coincident. These interest are certainly not common throughout the population, and the both the Senate and the Electoral College protect us from majoritarian tyranny, just as the House protects the fiscal interests of the nation from minority manipulation, and the Courts ostensibly protect us from minority conspiracy. The Virginia Plan, which was the only plan on the table at the beginning of the convention, was an obvious ploy to not only destroy the equality of representation which it was said had paralyzed the Contintental Congress (the effectiveness of which was more surely destroyed by the inability to tax and to regularte commerce), but to sink the power of the executive by means of the plural executive it proposed. William Paterson of New Jersey was the author of the "New Jersey Plan"--the riposte of the small states to the majoritarian tyranny embodied in the Virginia plan. Men like John Dickinson of Delaware (the author of the "Letters from a Pennsylvania Farmer," tracts which were crucial to the political awakening of Americans in the crises of the 1760's), Robert Morris and James Wilson of Pennsylvania, Elbridge Gerry and Rufus King of Massachusetts--all of these men recognized that no acceptable document could be produced if the "large states" (then, Virginia, Massachusetts and Pennsylvania) rode roughshod over the small states (New York, New Jersey, Delaware, Connecticutt, Rhode Island--the Carolinas and Georgia more or less followed Virginia's lead, although John Rutledge and Charles Cotesworth Pinckney of South Carolina made protection of the institution of slavery their crusade).
The ideas of Madison, Wythe and James Wilson were crucial to the compromises which allowed the writing of an acceptable document--and the United States constitution is a unique document because of their dedication to the idea that sound political theory existed, and could be made to work in concert with the pragmatic reconciliaiton of seemingly unreconcilable differences. The convention adjuourned from July 26 until August 6 to allow a "committee of detail" to cobble together the compromises and to reconcile the Virginia and New Jersey plans, and present a draft document with which the delegates could work further. This document was little altered in the final draft, and was the work of a committee head by John Rutledge (to reassure the firebrand Charles Cotesworth Pinckney that his precious "peculiar institution" would be protected), and that writing was done by Edmund Randolph of Virginia and James Wilson of Pennsylvania. Once the compromises which had been worked out in mid-July to reassure the small states had been accepted, all of the old alignments dissolved, and the separate states, and even individual delegates voted on proposals along the lines of regional or personal prediliction. The "Great Compromise" was at the heart of the constitution, and made possible the formation of the new government. As it was envisioned, the electors for the electoral college to choose the President would be chosen by direct election by the people, and this is about the only fault one might ascribe to the modern system, that this is no longer done. Given the "winner take all" nature of voting by states in the College in the modern era, minority tyranny
within each state is negated. To argue that western states, for example, in the Senate and Electoral college exercise undue influence is to subscribe to the obviously bankrupt notion that the interests of the majority are monolithic and will not essentially harm the minority. I don't like the outcome of the election in 2000, and believe that the Florida vote was rigged after the fact. I am greatly alarmed that the Judicial branch had any hand in an executive election. Nevertheless, i recognize that small population states may well have been protected from majoritarian tyranny by that outcome. The convention, in the words of Madison, suffered "more heartburn" over the subject of the election of the executive than any other issue upon which they decided. Many of the small state delegates favored a plan by which any disputed election would be decided by the Senate--but George Mason and James Wilson both argued that this would create an "aristocracy worse than any monarchy"--Roger Sherman of Connecticutt cut the Gordian knot with the proposal that the House resolve any deadlocked executive election, each state casting one vote--neatly combining both "popularism" and minority protection, and, coming from a leader in the former coalition of small states, was accepted without to much grumbling. The final document has often been said to be the work of James Wilson and George Mason, who sat on the "committee of style," but it is almost exclusively the work of Gouveneur Morris, who showed a find editorial style.
To tamper with the Senate or the Electoral College would be to relegate the states to the status of little better than glorified counties, or, in the rather ill-chosen words of James Madison, "only Great Corporations, having the power to make by-laws." Eliminating these bodies would effectively disenfranchise all the states other than California, New York, Pennsylvania, Illinois and Texas. Think you'd like to live in a nation governed by our fine fellow citizens of those, and only of those states? I wouldn't.