Subject: On the paradoxical consequences of popular election of Senators
From: Bruce Ackerman
Date: 10/2/2004, 9:14 AM
To: election-law@majordomo.lls.edu

<x-flowed>In fact, the old system of Senatorial selection had the paradoxical consequence of nationalizing state politics -- by making elections to the state legislature a pawn in national politics. This continues to be true in Germany, where the majority coalition in the Land/state legislatures continue to determine representation in the Bundesrat, or upper house. See Ackerman, The New Separation of Powers, Harv L Rev (2000).
Scalia and others notwithstanding, popular election of Senators actually had a strongly federalist secondary consequence, allowing state elections to focus exclusively on matters of state policy.

Sterling Professor of Law and Political Science
Yale University
tel: 203 432 0065
fax: 203 432 1040
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