So, you're calling me a partisan and suggesting I'm being dishonest about the reasoning behind my argument? That's pretty unnecessary, don't you think? Why don't we stick to the argument itself and not start questioning each other's motives?
Jess didn't call you dishonest or partisan. And while some might interpret that from your words, I don't see it in your words either - you appear to have significant issue with the existence of the senate, regardless of who is in control of which part of gov't. So let's drop the sense of a personal attack, as none was intended. Let's focus in on your points, and the answers others have provided to date.
I don't get why you guys keep dodging my point
Ali, you admit the Senate by itself would be unfair. Well, no bill becomes law without passing through the Senate. So essentially it IS "only" the Senate. The House full of representatives of the People can send legislation the vast majority of people support, then it goes to the Senate and dies. Because now, that same legislation is facing a group of people that was disproportionately elected by a tiny minority of voters.
If the votes of four Senators representing 60 million people (NY and CA) can be cancelled out by four senators representing 2 million people (MT and RI)
AND
No legislation passed by the House becomes law without first being voted on in the Senate
How is that "a fair attempt at balance" ? I'm dying to know.
Nobody has dodged your point - we're answering it, you refuse to see the answers as you are hung up on the existence of the Senate as being unfair in your mind. We've pointed out you should read the
Federalist Papers, specifically
Federalist 10 which addresses your specific question:
No. 10 addresses the question of how to reconcile citizens with interests contrary to the rights of others or inimical to the interests of the community as a whole. Madison saw factions as inevitable due to the nature of man—that is, as long as men hold differing opinions, have differing amounts of wealth and own differing amount of property, they will continue to form alliances with people who are most similar to them and they will sometimes work against the public interest and infringe upon the rights of others. He thus questions how to guard against those dangers.[
citation needed]
Federalist No. 10 continues a theme begun in
Federalist No. 9 and is titled "
The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection". The whole series is cited by scholars and
jurists as an authoritative interpretation and explication of the meaning of the Constitution. Historians such as
Charles A. Beard argue that No. 10 shows an explicit rejection by the
Founding Fathers of the principles of
direct democracy and factionalism, and argue that Madison suggests that a
representative republic is more effective against
partisanship and factionalism.
[1][2]
Madison saw the Constitution as forming a "happy combination" of a republic and a democracy, with "the great and aggregate interests being referred to the national, the local and particular to the State legislatures" resulting in a decentralized governmental structure. In his view this would make it "more difficult for unworthy candidates to practice the vicious arts by which elections are too often carried".
Please, take the time to read and understand WHY the legislative branch was created with both a House of Representatives and a Senate before asking if it is fair and applicable today.
You keep repeating and rephrasing your point that in your opinion it is NOT fair that the Senate can kill any law proposed by the House. Note - you say this regardless of which party is in power, and I take that to mean if 90% of the population was Torry or Whig or whatever, you are fine with that as they represent the majority of the population and therefore represent the voice of the people. We got your point.
You argue that arbitrary lines on a map (to define a state) shouldn't mean that all those states get an equal voice anywhere as the voice of the people must be heard and (in your view) should be THE voice. Recall that at the time, there were 13 colonies, each operating largely independently and autonomously, though the joined together to break free from British rule. Yes, most of the citizens in these states were aligned with Independence from Britain, but they were loyal to their state over any sense of a nation. Even in the civil war, you would still find state loyalty over national (even if you considered the North and South two somewhat opposing nations on the continent). The rules were established to ensure the states (not just the masses, but the states that represented each group of the population) would agree to work together for a collective 'national' benefit. To do so, they needed to ensure a few checks and balances.
They made the three branches, so to separate powers and give each a responsibility that must work with the other two. Legislative makes the laws, Executive acts on the laws, and Judicial interprets the laws in their application. Looking at Congress, if it were run by states with equal voice only (Senate) then there is no accommodation for a state being large enough to hold the most population and be appropriately heard. Such a large group within the nation SHOULD be heard, and be able to enact laws that benefit the majority of the nations population (largest pop. states). The flipside is a Congress where only the population has a voice (House of Reps) means that smaller states wouldn't be able to protect themselves from laws being enacted that were detrimental to them, and they would have no means of getting laws enacted that benefit them. Their voice becomes too small.
It appears your view is the states be damned, follow the voice of the masses. At the time the gov't was created, it needed to protect the voices of the states as well, so they planned to accommodate both by having the House of Representatives (voice of the people) and the Senate (voice of the states). And, by forcing these two to agree on a law that is good for the nation, rather than just certain aligned states or just for states with the largest population. It was derived in an effort for fairness, and has succeeded for nigh 200y.
No, that's just wrong. That's what the Judicial and Executive branches are for. Laws come out of Congress and they can be challenged in court or vetoed by the President. No laws coming through Congress doesn't show balance it shows dysfunction.
Lately, it's gotten bogged down by partisanship within both the House and the Senate (and the Exec Branch...and to a degree with the Judicial Branch). The fault for this lack of productivity is not the system, but the participants who refuse to work for the good of the people, and prefer to work for the good of their party, or their personal gains at times, but NOT for the good of the country. It breaks down when people fight to say 'NO' rather than working together to find a solution that works for all.
I know you can understand... might does not equal right.
By your own view, whomever has the might (largest population) has the right. Is that fair? Perhaps to those populations, but not to all Americans.
You also return time and again to the Senate controlling decisions - do you not see they are equal with the House? Both parts of Congress propose laws, and require agreement from the other in order to get them passed. THIS is fair - population has a voice, states have a voice, and all must agree in order to enact a law. The example of RI killing a law proposed by CA as being unfair is countered by a RI law proposal being killed in the House by CA. It works both ways.
Keep in mind, also, that the original intent was for the States to retain most decision making as it applied to their population. And that the Federal gov't would only step in with laws that effected the nation. This allows states, and their population therein, to govern themselves as they see fit. You don't want WY passing a law that tourism and fishing are taxed at 300% because that doesn't hurt them a bit and would kill CA & FL = not fair. I ask that you do not lose sight of the role, and authority, of states to address their own needs; and get it muddied with the Federal gov't's role to address national needs.