A few weeks ago I had my history class read Federalist No. 57 by Publius (James Madison, February 19, 1788). In this essay Madison defends the proposed Constitution on the point of the House of Representatives. Specifically, he asserts that the House cannot become tyrannical for the following reasons:

The House members will be

(1) elected by the voters; (2) chosen by fellow-citizens and so can be presumed to be good men; (3) grateful to the voters; (4) wanting to keep the favor of the voters; (5) subject to frequent election; (6) affected themselves by all laws passed; and (7) this system for a House of Representatives is similar to that already in effect in various states.

Since Senators now are elected directly by the voters, I think his argument also may be applied to the Senate.

It seems to me that Madison is assuming first, clear-eyed informed voters, and second, elections with a meaningful possibility of turning out incumbants. I fear that neither assumption remains valid.

First, putting aside the expansion of suffrage in the subsequent history of our nation, it seems to me self-evident that most voters are neither clear-eyed nor informed. Many voters cannot name their Federal Represenative or Senators, and most have only a hazy notion of the voting record of their Congressional delegation. And it is a sad fact that many voters cannot penetrate the cloud of manipulative rhetoric and images put forth at election-time.

It could be argued that the above facts are evidence only of the need for better education of citizens, not of a need to make a structural change through Constitutional Amendment. I concur that a better educated citizenry is needed. And I also concur with the Founders that Liberty is protected not only by the virtue of the citizenry, but also by structures designed to prevent tyranny. It seems to me that we need not only better education, but also a structural change to limit the terms served by members of Congress.

Second, elections today are rarely a serious contest if the incumbant seeks reelecton. Madison did nor forsee the growth in the power of incumbancy. A nation in which Representative Murtha wins reelection needs to reexamine its governing structure. Elections occur every two years for the House members, and every six years for members of the Senate, but elections have ceased to be fearful encounters with the will of the people for incumbants. The advantages of money, support from interest groups, name recognition, and seniority advantages in both chambers, mean that there usually is a small chance an incumbant will be turned out.

A permanant governing class is created by our present system. The Founders had a name for a permanent governing class--aristocrats. And aristocracy is what a republic was created to avoid.

Term limits. The structural answer to our current aristocracy.

I suggest 12 years for Representatives, and 24 for Senators, but I am open to suggestions.