The risk that the Supreme Court would rule on the unconstitutionality of this bill, if it would pass, is quite high. As to how to go about establishing an elected Senate—because this is something that could absolutely be considered—the Constitution does provide us with some tools to achieve this objective. The government simply did not choose the right tool. In my opinion, the tool that should be used to establish an elected Senate is the normal constitutional amendment procedure—the 7/50 formula.
On April 30th, 2008. See this statement in context.