Alabama Senate candidate Roy Moore is facing allegations of sexual misconduct involving, among others, a fourteen-year-old girl. The Republican may still win the December 12 special election. But there are bipartisan calls in the Senate to keep Mr. Moore out of Congress. The Senate might do so, but it would be an unprecedented display of power that it should exercise cautiously.
A common Progressive-era complaint advanced that the Constitution’s framers were overly suspicious of democracy. George Norris, a leading Progressive Senator, bluntly argued in the 1920s and 1930s that while the Constitution was an advance in democracy for its time, it created too many checks and balances on majority will, it created too many barriers to legislation in the modern era. (He thus advocated legislative unicameralism and opposed activist judicial review, among other things.)
Among the current body of U.S. Senators, Elizabeth Warren (D-Mass.) is certainly the intellectual favorite of many liberals in the country, and she is already being spoken of as a potential Democratic presidential candidate in 2020. The former Harvard law school professor and consumer protection advocate has a great command of the issues, but her ideological commitments undermine her abilities, making her less effective as a legislator, and an often insufficiently decorous member of the U.S. Senate. Now that she has become a cause célèbre in the matter of Senator Jeff Sessions’ nomination to be Attorney General, the rebukes she is receiving from Republicans will come back to haunt them.
The American people have learned much about the Electoral College since the November election. Much has been learned about the origins, evolution and contemporary functioning of our system of presidential elections. We have debated the merits of our system versus allowing a simple national popular vote. We have seen an unprecedented campaign to try to get electors to vote against their pledge. And some have tried to instruct us on the nuances of the Founding environment that created our unique electoral system.
But among all the good information and honest debates have arisen a misleading half-truth aimed at undermining the Electoral College.
Law professor Paul Finkelman ominously opines that Americans would be “disgusted” if they knew the real origin of the Electoral College was in protecting slavery.