stebo0728 wrote:The electoral college keeps any overwhelming majority, based on population density, from overwhelming and overpowering any other minority. It helps protect smaller group interests, and by proxy, individual interests contained in those smaller groups, but while still enabling concerns of the majority to be heard as well.
That's not individual rights, Stebo, that's smaller sets of collective rights.
stebo0728 wrote:This is understandable as a position, but going into law, you should seek to correct it. The Senate was never designed to be any sort of representation for any citizen. The theory that Senators would be beholden to State citizenry is a complete misunderstanding of the role of the Senate. The only representation affording to the people is the House of Congress. The Senate was to be a voice for the STATE GOVERNMENTS, and their interests on the federal level. Even the thought that they should be beholden to any group of citizenry is misguided.
But it was changed by Constitutional Amendment, and as such, it is the supreme law of the land, regardless of what the framers of the Constitution had in mind. The original Constitution permitted and supported slavery with something like nine separate provisions, but the thirteenth amendment prohibited it. Should we seek to overturn the Thirteenth for no other reason than because that wasn't how it was originally set up?
And the idea behind being answerable to State governments is that
state governments are answerable to state citizenry. It was never meant to be that State legislators would appoint the Senators that advanced their individual interests - they'd advance the interests of the State, as a whole, and what kept the state legislators in check was that they would be accountable to citizens. As much as you'd like it to be that there's a stark separation between how the Senate was set up and how the House was set up, you're just wrong. The difference between the Senate and the House isn't that a State government has some special interest in Congress, it's that an entire State is responsible for choosing a Senator, whereas Representatives are selected from much smaller districts, in order to capture more localized interests. The point originally was that the localized interests would get in the way of whole State interests with a direct vote on Senators, so to compile them all in the State legislatures was a nice tidy way to get around that.
But, as I explained, it didn't work out as planned,
which is why we passed an Amendment about it.
stebo0728 wrote:Even affording some "rights" to the collective, are they then to be treated as superior to the rights of the individual? To say so places superiority upon the collective, and thus, deminutive value upon the individual. But without the individual, what society is there? When you trample the individual for the sake of the collective to a point that the productive individuals seek a more favorable collective, how will you're collective survive? How will you're collective loot when the loot bag leaves?
Stebo, if collective rights never surpassed individual rights, there'd be no point in having collective rights. There are some cases where individual rights will reign, and there are some cases where they won't. We are intelligent human beings, perfectly capable of finding a line that works, and that's what Supreme Courts have been doing in this country for the past few centuries.