Why Secret Ballots for Impeachment Votes Are Not Appropriate in the Senate
Recent discussions have centered around the possibility of having secret ballots for impeachment votes in the Senate. Proponents argue that this would protect some GOP senators from being blacklisted or primaried by their constituents, while opponents believe the public has a right to know how each senator votes. Let's delve into the reasons why transparency is essential in the Senate proceedings.
Proponents of Secret Ballots
Protecting Senators from Primaries: Some argue that secret ballots would shield GOP senators from the wrath of their constituents who might want to blacklist them or, worse, primary them in the next election. The rationale is that senators should not be unduly influenced by threats or anger from their base, but this argument fails to consider the democratic process of accountability.
Constitutional and Democratic Principles
The Constitution’s Public Recording Requirement: The Constitution mandates that any vote taken by the Senate must be recorded and made public. Article I, Section 5, Clause 3, specifically states that a quorum must be maintained, and any vote is subject to public scrutiny. Therefore, if 1/5th of the senators request it, any vote must be recorded.
Why Transparency is Crucial
Accountability of Representation: All senators work for us, the constituents, and not the other way around. They are representatives, and their decisions and voting patterns are critical information for the electorate. Secret ballots would undermine the public's right to know who is truly working in their best interests.
Integrity of the Electoral Process: The public has the right to know how their representatives vote. If a senator is afraid of being primaried, they are failing to fulfill their duty as a public servant. Resignation may be justified in such cases, as their fear of retribution is a clear sign of a lack of integrity.
Consequences of Secret Ballots
Potential for Misleading Public Perception: If a sufficient number of Republican senators vote to convict, their votes would be speculated about openly in public discourse. Those senators who might be afraid of reprisals would likely be interrogated during their re-election campaigns, leading to either a clear admission of past actions or a strategic avoidance of the question.
Political Intrigue and Speculation: The idea of a secret ballot in the Senate is reminiscent of deeply partisan and politically-charged atmospheres. It hinders transparency, which is crucial for trust and accountability in our democratic system. Public debate and discussion are healthy for the democratic process, not the breeding ground for mistrust and polarization.
Conclusion
The public’s right to know how their senators vote is not just a matter of transparency but a fundamental principle of democratic governance. Encouraging or allowing secret ballots for impeachment votes is not only against the Constitution but also against the very essence of accountability and public trust in our political institutions. It is time to move forward and ensure that our senators continue to represent us faithfully and transparently.
As a retired DOJ official, I affirm that transparency in government, including the Senate, is paramount. The democratic process is strengthened when all citizens, not just a select few, have the information they need to make informed decisions and hold their representatives accountable.