Simply put, the Senate is not living up to what the Founding Fathers envisioned.
During the Federal Convention of 1787, James Madison wrote in his Notes of Debates that “the use of the Senate is to consist in its proceedings with more coolness, with more system, and with more wisdom, than the popular branch.” Indeed, the Founding Fathers intended the Senate to serve as an institutional check that ensures all voices are heard and considered, because while our constitutional democracy is premised on majority rule, it is also grounded in a commitment to minority rights.
Yet more than 200 years later, the greatest deliberative body in human history is not living up to its billing. The Senate of today routinely jettisons regular order, as evidenced by the body’s failure to pass a budget for more than 1,000 days; serially legislates by political brinkmanship, as demonstrated by the debt-ceiling debacle of August that should have been addressed the previous January; and habitually eschews full debate and an open amendment process in favor of competing, up-or-down, take-it-or-leave-it proposals. We witnessed this again in December with votes on two separate proposals for a balanced-budget amendment to the Constitution.
As Ronald Brownstein recently observed in National Journal, Congress is becoming more like a parliamentary system — where everyone simply votes with their party and those in charge employ every possible tactic to block the other side. But that is not what America is all about, and it’s not what the Founders intended. In fact, the Senate’s requirement of a supermajority to pass significant legislation encourages its members to work in a bipartisan fashion.