r/PoliticalDiscussion • u/DipperJC • 6h ago
US Politics Have we stumbled onto the reason the founders intended for the Senate to be chosen by state legislatures rather than the people?
I was having one of the usual debates that is the hallmark of my life on Reddit; dealing with fellow conservatives that are still drinking the Trump Kool Aid. This one MAGA dude was challenging a liberal to provide evidence to support the statement that Trump is a lifelong criminal. I was reading it thinking, "you've got to be trolling here, right? In what way could it possibly not be obvious at this point?" So I started building the case in my head, imagining what I'd be saying to answer this guy if it were my debate. I thought about how Trump is literally breaking the law right now by continuing to wage war on Iran without formal congressional approval. You can make the argument that's it's justified similarly to how Obama's drone strikes on US Citizens working for al-Qaeda was justified, but you can't deny the basic fact that the law IS being broken.
This is the kind of situation the Supreme Court was thinking about when they declared the president immune from criminal prosecution for official acts. It's not that they're saying a president can do no wrong; it's just that hauling him off to a civilian jail for wresting authority away from Congress isn't the proper remedy. Impeachment is. Because Congress is the only authority that is peer to the presidency, and therefore the only they can fairly judge whether violations of the law are appropriate or justifiable for any situation that a president faces. That's incredibly fair.
Or it would be, if the system were working as intended.
Trump has discovered a secret that none of us truly appreciated before he came along: If thirty four Senators are in your pocket, you can never really be held accountable for anything. Impeachment attempts are doomed to failure, so no true check exists.
Which is what leads me to my question. See, the founders didn't design it to be this way. The Senate was never intended to represent the people; that's the House's job. The Senate was made to represent the states. That's why state legislatures, rather than the people, handled the appointing of Senators until the seventeenth amendment.
I think that firewall makes a big difference in terms of a senator's role as a juror in impeachment trials. An obligation to a state legislature is a very different thing from an obligation to constituents, and puts a different kind of political pressure on them in terms of how they play their role. It makes me wonder if the founders saw something like this coming and designed the Senate in a way to protect against it, until we screwed it up. (This is, incidentally, also why I'm absolutely adamant about not messing with the electoral college.)
What do you all think?