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The Water Cooler
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Virginia Judge strikes down Obamacare
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<blockquote data-quote="vvvvvvv" data-source="post: 1395976" data-attributes="member: 5151"><p>I think the problem runs deeper than the tool itself.</p><p></p><p>In my opinion, the Advice and Consent Clause of Article II Section 2 needs to be adjusted. The requirement for 2/3 of the Senate to confirm a Presidential appointment was just fine when Senators were appointed by the States rather than by popular vote. However, as more and more States adopted laws to make those Senate appointments by virtue of popular vote rather than by the State's legislature, the Senate became less of a check on the slim majority and more of a mini-House. (Some will try to say that the 17th Amendment caused this, but they look at history they will find that the <a href="http://www.altenhofel.com/blog/why-repealing-17th-amendment-wont-curb-federal-power" target="_blank">17th Amendment was only to make the practice standard</a>.)</p><p></p><p>The only viable solution to the problem here would be an Amendment to increase the fraction of the Senate required to grant consent to 3/4 or 4/5. (Hell, I'd love to shoot for unanimous, but that will <em>never</em> happen.)</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 1395976, member: 5151"] I think the problem runs deeper than the tool itself. In my opinion, the Advice and Consent Clause of Article II Section 2 needs to be adjusted. The requirement for 2/3 of the Senate to confirm a Presidential appointment was just fine when Senators were appointed by the States rather than by popular vote. However, as more and more States adopted laws to make those Senate appointments by virtue of popular vote rather than by the State's legislature, the Senate became less of a check on the slim majority and more of a mini-House. (Some will try to say that the 17th Amendment caused this, but they look at history they will find that the [URL="http://www.altenhofel.com/blog/why-repealing-17th-amendment-wont-curb-federal-power"]17th Amendment was only to make the practice standard[/URL].) The only viable solution to the problem here would be an Amendment to increase the fraction of the Senate required to grant consent to 3/4 or 4/5. (Hell, I'd love to shoot for unanimous, but that will [I]never[/I] happen.) [/QUOTE]
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Virginia Judge strikes down Obamacare
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