Open Threads

Every system strives toward durability, but as with human aging, longevity has a cost. The late economist Mancur Olson laid out the consequences of institutional aging in his 1982 book, The Rise and Decline of Nations. Year by year, he said, special-interest groups inevitably take bite after tiny bite out of the total national wealth. They do so through tax breaks, special appropriations, what we now call legislative “earmarks,” and other favors that are all easier to initiate than to cut off. No single nibble is that dramatic or burdensome, but over the decades they threaten to convert any stable democracy into a big, inefficient, favor-ridden state. In 1994, Jonathan Rauch updated Olson’s analysis and called this enfeebling pattern “demosclerosis,” in a book of that name. He defined the problem as “government’s progressive loss of the ability to adapt,” a process “like hardening of the arteries, which builds up stealthily over many years.”

We are now 200-plus years past Jefferson’s wish for permanent revolution and nearly 30 past Olson’s warning, with that much more buildup of systemic plaque—and of structural distortions, too. When the U.S. Senate was created, the most populous state, Virginia, had 10 times as many people as the least populous, Delaware. Giving them the same two votes in the Senate was part of the intricate compromise over regional, economic, and slave-state/free-state interests that went into the Constitution. Now the most populous state, California, has 69 times as many people as the least populous, Wyoming, yet they have the same two votes in the Senate. A similarly inflexible business organization would still have a major Whale Oil Division; a military unit would be mainly fusiliers and cavalry. No one would propose such a system in a constitution written today, but without a revolution, it’s unchangeable. Similarly, since it takes 60 votes in the Senate to break a filibuster on controversial legislation, 41 votes is in effect a blocking minority. States that together hold about 12 percent of the U.S. population can provide that many Senate votes. This converts the Senate from the “saucer” George Washington called it, in which scalding ideas from the more temperamental House might “cool,” into a deep freeze and a dead weight.

The Senate’s then-famous “Gang of Six,” which controlled crucial aspects of last year’s proposed health-care legislation, came from states that together held about 3 percent of the total U.S. population; 97 percent of the public lives in states not included in that group. (Just to round this out, more than half of all Americans live in the 10 most populous states—which together account for 20 of the Senate’s 100 votes.)

And to forestall anybody squawking before they click through, no, Fallow’s answer emphatically does not involve a constitutional convention.