United States Senators

“ Why does the Constitution put the election of Senators thus under the control of Congress just as it does the election of members of the House of Representatives? Because the Constitution does not regard a Senator as a mere diplomatic agent of the State, of one sovereignty near another sovereignty, appointed to take care of the interest of that State only, and remaining under the control of that State. By no means. The Constitution regards the Senate of the United States not as an assembly of State agents, but as a branch of the Legislative department of the General Government. ”

“ Our political system remains with but little change. Each State has still two United States Senators, though the population represented by each representative has been greatly increased, so that the Senate has grown numerically much more than the House. It is the duty of each member of Congress to understand the conditions existing in every other member's State or district, and the country's interest always precedes that of party. ”

“ A senator of great influence will be naturally ambitious, and desirous of increasing his influence. Will he not be under a temptation to use his influence with the president, as well as his brother senators, to appoint persons to office in the several states, who will exert themselves in elections to get out his enemies or opposers, both in senate and house of representatives, and to get in his friends, perhaps his instruments? ”

“ What will determine whether this institution works or not, what has always determined whether we will fulfill the Framers' highest hopes or justify the cynics' worst fears, is not the Senate rules, the calendar, or the media.
It is whether each of the one hundred Senators can work together - living up to the incredible honor that comes with the title, and the awesome responsibility that comes with the office.
Politics today seemingly rewards only passion and independence, not deliberation and compromise as well. ”

“ In concluding this topic, it is proper to remark, that no qualification whatsoever of property is established in regard to senators, as none had been established in regard to representatives. Merit, therefore, and talent have the freest access open to them into every department of office under the national government. Under such circumstances, if the choice of the people is but directed by a suitable sobriety of judgment, the senate cannot fail of being distinguished for wisdom, for learning, for exalted patriotism, for incorruptible integrity, and for inflexible independence. ”

“ The people will also be jealous, that the influence of the senate will be employed to conceal, connive, and defend guilt in executive officers, instead of being a guard and watch upon them, and a terror to them—a council selected by the president himself, at his pleasure, from among the senators, representatives, and nation at large, would be purely responsible—in that case, the senate, as a body, would not be compromised. ”

“ The problem to be solved by the great men of that day was, what organization of the legislative power, in a republican government, is best adapted to give permanency to the Union, and security to public liberty. In the convention, a great diversity of judgment was apparent among those, whose purity and patriotism were above all suspicion, and whose talents and public services were equally unquestionable. Various propositions were entertained; that the period of service of senators should be during good behaviour ”

“ We one hundred Senators are but temporary stewards of a unique American institution, founded upon universal principles. The Senate was designed to be different, not simply for the sake of variety, but because the framers believed the Senate could and should be the venue in which statesmen would lift America up to meet its unique challenges. ”

“ The United States Senate does not work that way, nor can it, or should it.
Mayors, governors, and presidents can sometimes succeed by the sheer force of their will. But there has never been a Senator so persuasive, so charismatic, so clever, or so brilliant that they could make a significant difference, while refusing to work with other members of this body.
Simply put, Mr. President, Senators cannot ultimately be effective alone. ”

“ As each of the state legislatures now consists of two branches, this is a very important practical question. Generally, but not universally, the choice of senators is made by a concurrent vote. [25] Another question might be suggested, whether the executive constitutes a part of the legislature for such a purpose, in cases where the state constitution gives him a qualified negative upon the laws. But this has been silently and universally settled against the executive participation in the appointment.
§ 704. Thirdly; the number of senators. Each state is entitled to two senators. ”

“ The senators hold their seats by the suffrages of the state, not of a district; hence they have no particular number of men to fear or to oblige.—They represent the state; hence that union and firmness which the senates of those states have manifested on the most trying occasions, and by which they have prevented the most rash and iniquitous measures. ”

“ Foreign practice no precedent. It may, however, be urged that an elected Senate has worked admirably in America. Granted that this is so; but the American constitution, by its peculiarities, admits of a mode of electing a Senate which would be impracticable in our own country. The Senate of the United States is not elected by the citizens at large, but by the State legislatures, two senators being returned by every State. ”

“ Everybody knows that the United States Senate to-day does not represent the people. There are exceptions among the Senators, but they are in the minority. Every year the Senate is less and less representative of the nation, more and more representative of organized capital. Good Americans, irrespective of party, will strive to work for this change in the national machinery. Take away from the trusts now the power to tamper with national laws through the Senate. ”

“ Besides; the very habits of business, and the uniformity and regularity of system, acquired by a long possession of office, are of great concern in all cases of this sort. The senators from the longer duration of their office will have great opportunities of extending their political information, and of rendering their experience more and more beneficial to their country. The members are slowly changed; so, that the body will at all times, from its very organization, comprehend a large majority of persons, who have been engaged for a considerable time in public duties, and foreign affairs. ”

“ The United States Senate is perhaps, of all the institutions of that country, the most happily devised, the most successful in its working. The legislature of each State of the Union elects two senators to the Second Chamber of the national Congress at Washington. The senators are the Lords—if we like to keep, as it is surely best to keep, for designating the members of the Second Chamber, the title to which we have been for so many ages habituated. Each of the provincial legislatures of Great Britain and Ireland would elect members to the House of Lords. ”

“ Sir, when you take a view of all the circumstances which have been recited, you will certainly see that the senators will constantly look up to the state governments with an eye of dependence and affection. If they are ambitious to continue in office, they will make every prudent arrangement for this purpose, and, whatever may be their private sentiments or politics, they will be convinced that the surest means of obtaining a reelection will be a uniform attachment to the interests of their several states. ”

“ Among the services which a senator is expected to perform, are many that can only be done efficiently as members of important committees, and the slave power in the Senate, in saying to these honorable senators, you shall not serve on the committees of this body, took the responsibility of insulting and robbing the States which has sent them there. It is an attempt at Washington to decide for the States who the States shall send to the Senate. ”

“ There is one circumstance which will have a tendency to increase the dependence of the senators on the states, in proportion to the duration of their appointments. As the state legislatures are in continual fluctuation, the senator will have more attachments to form, and consequently a greater difficulty of maintaining his place, than one of shorter duration. He will, therefore, be more cautious and industrious to suit his conduct to the wishes of his constituents. ”

“ Whether it properly represents the people or not, is a question between its members and the people. No Senator would have thought of looking beyond his own constituents, but from the fact that they happen to act vicariously. If the same number of individuals, not being representatives, were selected by the constitution to elect Senators in the several states, it is clear that the Senators could not look to the public opinion of any persons except the electors. ”

“ Does [p. 406] the spirit of our Constitution (for clearly in terms it does not) intend to make a Senator of the United States a mere passive instrument or agent in the hands of a State Legislature. Is he required by any legal or moral duty or obligation, to surrender into the hands of any man or body of men, his honest judgment and conscientious convictions of right? To act on their dictation and his own responsibility ”

“ A member of a senate, of immense wealth, the most respected birth, and transcendent abilities, has no influence in the nation, in comparison of what he would have in a single representative assembly. When a senate exists, the most powerful man in the state may be safely admitted into the house of representatives, because the people have it in their power to remove him into the senate as soon as his influence becomes dangerous. ”

“ Adams expressly recognized, however, the absence of the authority of a constituent body to recall or to instruct a United States Senator: “The Senate of the United States is a branch of the legislature; and each Senator is a representative, not of a single State, but of the whole Union. ”

“ But the arrangement in classes leaves the senate always ready to act—“it might possibly always sit”—“to aid the executive”—to act perhaps against a state which was attempting to counteract the general government, and the term of whose senators had expired, and which had refused to elect others. If all the senators had gone out at the same time there would have been none to act. GOVERNOR RANDOLPH had tried to make the individual senators independent of their states. ”

“ And it seems natural and proper that every government should have in itself the means of its own preservation. A few of the great states might combine to prevent any election of representatives at all, and thus a majority might be wanting to do business; but it would not be so easy to destroy the government by the non-election of senators, because one third only are to go out at a time, and all the states will be equally represented in the Senate. ”

“ Such were the opinions of those who “assisted in framing the government;” but the idea now is, that senators represent and protect, not their own states, but the whole union, even in opposition to the interest or safety, and expressed wishes of their states.
One remark of Judge H. will finish our consideration of this portion of his letter. “This (right of instruction) [p. 688] is practically to give the legislatures a power to recall their senators, as instructions may always be given, which must be disobeyed by an honest man.” Such could not be given by an honest man. ”

“ A senate duly constituted would not only operate, as a salutary check upon the representatives, but occasionally upon the people themselves, against their own temporary delusions and errors. The cool, deliberate sense of the community ought, in all governments, and actually will, in all free governments, ultimately prevail over the views of their rulers. ”

“ He had always thought the Senate too numerous a body for making appointments to office. The Senate will moreover in all probability be in constant Session. They will have high salaries. And with all those powers, and the President in their interest, they will depress the other branch of the Legislature, and aggrandize themselves in proportion. Add to all this, that the Senate sitting in conclave, can by holding up to their respective States various and improbable candidates, contrive so to scatter their votes, as to bring the appointment of the President ultimately before themselves. ”

“ I have heard some people suggest that the Senate as we know it simply can't function in such a highly charged political environment, that we should change Senate rules to make it more efficient, more responsive to the public mood, more like the House of Representatives, where the majority can essentially bend the minority to its will. ”

“ The Senator is an excellent debater; he always speaks to the point as he understands it; and yet his point is apt to be political. Of course he [Pg 245] speaks as one having authority with his party, in which he is an acknowledged leader. And now, Sir, you will please to remark, he comes forward as leader for the President of the United States. The Senator from Indiana, an old-school Democrat,—he will not deny the appellation,—presents himself as defender of the President. ”