The 17th Amendment

Article I, Section III, of the United States Constitution provided for the legislature in each respective state to choose two Senators. That was done until the 17^th Amendment that terminated the respective legislature’s right to appoint Senators; the 17^th provides for the popular election of those wanting that position. It was a bad move which will be pointed out in this article.

There were a few times that states refused to appoint Senators so to remedy the situation, the 17^th was promulgated and ratified. In order to solve a problem caused by some stubborn legislators, the 17^th has lead to even bigger problems as will be seen. A few states tried to term limit Senators, but the Supreme Court ruled that since the office was federal, the states couldn’t limit the terms. However, there isn’t any provision in the 17^th that prevents the states from term limiting Senators. Neither is there any such prohibition in the original, Article I, Section III. The United States Supreme Court simply unconstitutionally modified the amendment to suit their belief. By not allowing the individual states to control their Senators, it has paved the way for more and bigger government control. Thus the states have lost control of a major part of their ability to stop federal intrusion in state affairs.

When the framers created the government blueprint, they divided the powers into three branches. Actually, there are four as will be shown. The three most commonly noted are the Legislative, the Executive, and the Judicial. What is the fourth branch? It is the states that were part of the system of control until the 17^th Amendment stripped their power to control Congress. As it stands now, the states have no way to curb the excesses and unconstitutional work of the Senate. (Read the 9^th and 10^th Amendments to gain an understanding of the power of the states taken away by senatorial direct election and the Supreme Court term limits decision.) Direct election has prevented the states from being part of the checks and balances that keep the federal power from growing. With the evisceration of the filibuster rule, it is now worse; there isn't any way for the minority senators to stop the power grab.

Direct election of Senators has turned the process into a national election. Senators and their supporters campaign state to state for candidates to influence how the people will vote in any given state. Campaign funds flow into states from other states to enhance the possibility of one person being elected over another. That serves to further lessen the voice of the state legislatures as to who will be elected to the Senate. Popularity becomes the standard rather than competence, and the desire to look after the interest of the candidate’s state.

It would be nearly impossible for anyone from another state to influence with money or otherwise the appointment of a Senator by a legislature. That would curb the interference of people in one state designed to influence a selection by any respective legislature. It truly would return the government to the states and to the people as provided in Amendments IX and X.  In addition, it would help put the brakes on the Supreme Court. It would be more difficult for progressive judges to be appointed to that court and the lower courts because marching in lock step to a party agenda would be mostly eliminated due to the impossibility of a political party controlling what an independent legislature wants from their Senators. The voice of the states and the people would be heard at every level of government. That was the intent of the framers; a federal government controlled by the states and the people, not the other way around.

Many ills can be cured by abolishing the 17^th Amendment and thereby returning to the original intent of the framers. The Constitution is the blueprint for our republic and all of our problems have derived due to straying from that pattern. By not being bound by the chains of the Constitution as stated by Thomas Jefferson, our present day office holders are bringing lethal mischief of all kinds to the people. The progressive refuse to stop the mischief and refuse to be bound, but they too will go down in the carnage that will continue due to not following the Constitution. Totalitarian rule by any name is replacing the Constitution and it is becoming the order of the day; it will consume us just as Communism has consumed every nation that tries it.   

© 11-23-2013 DEC