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.)