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Comment by soderfoo

2 hours ago

How do you think this would play out? Changing the apportionment of the Senate, aside from being a political and legal nightmare, would also create monumental constitutional crisis.

First, the Connecticut Compromise is a democratic underpinning of the US. It was central to the formation of the nation, and any attempt to alter it would be a foundational structural change to the constitution to say the least.

I understand the concerns about one generation binding another without recourse. Legal scholars differ on whether Article V, which implements the compromise, can be amended or not.

But for the sake of argument, let's say it can. It would be an insurmountable task requiring the following:

1. A supermajority in both houses of Congress (67% in the Senate and 66% in the House) to propose the amendment.

2. Ratification by three-fourths of the state legislatures (38 out of 50 states) or by conventions in three-fourths of the states.

3. Consent of the states that would lose their equal representation in the Senate.

4. Overcome any legal challenges that would likely arise at every step of the process.

The result would be a dramatic redefinition of federalism and democratic representation. This wouldn't be a cosmetic change, it would be a fundamental alteration to the structure of the government and constitution.

Very few things were deemed "unamendable" and entrenched in the constitution before, both explicitly and implicitly, but now it would all be up for grabs. Now nothing is irrevocable.

What's to stop future generations from altering other fundamental principles? While we may complain of being bound by the decisions of our ancestors, we would be opening up a Pandora's box of constitutional instability for future generations, binding them to the whims of a (slim?) majority of the current generation's political agenda.

I think that is the best case scenario. The worst, and I think a very possible scenario, is that states losing representation would claim that such a drastic and material change to the constitution upends the root of the bargain that led to the formation of the union, and would likely seek to secede. You may have achieved your goal of changing the apportionment of the Senate, but at the cost of the union itself. There are far easier and less risky ways to achieve political change.