The Founders did an amazing job of setting up our democracy/republic. The Federalist Papers represent the views of the best thinkers of their time. But they were not prophets or oracles. They could not see the future.
Madison talks about the reason of elected officials being superior to the passions of the people. It’s a good argument against direct democracy. But it seems that there is a flaw. If both parties, for political reasons, fail to address the passions of the people, then the faction problem is solved by stopping the faction from happening altogether. As concluded by Madison in Federalist #10, this destroys our liberty.
Essentially, if we can’t vote on it and Congress refuses to vote on it, we have eliminated the faction by destroying our liberty. And punting the issue to the Supreme Court does not allow reasonable representation by the people, either direct or indirect.
It is understood that we should not attempt to change government for light and transient causes. But the most important factions persist for decades and gather major attention of political candidates and elected officials. Most voters have an opinion on reproductive rights, gun rights, or voluntary school prayer, campaign-financing, gerrymandering, or gay marriage.
But we haven’t recently voted on these issues and our elected officials, from both parties have avoided these factional issues for their personal political reasons. Our liberty is being denied.
With political will, this liberty can be restored through the use of Article V of the Constitution.