<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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