People whine and complain about the Sixteenth Amendment but rarely ever say anything about the Seventeenth providing for direct election of senators. The Seventeenth has effectively taken the control of the government from the people and the states, passed it to the career politicians, and to the ones who are looking to the government to help them through life at the expense of others. George Mason said during a speech to the delegates in the Virginia Ratifying Convention, 14 June 1788, "Those gentlemen, who will be elected senators, will fix themselves in the federal town, and become citizens of that town more than of your state."  That is precisely what has occurred due to the 17^th Amendment.

The original plan called for the legislature of each state to appoint two Senators for six year terms per Article I, Section 3. Since the people elect the House of Representatives, who presumably represent the people, the states (the people as a whole) would be represented by Senators who would look after the interests of the states, and indirectly the people, since the people elect the respective state legislatures. Such a provision actually served to protect the rights of the people and of the states expressed in the 9^th and 10^th Amendments. A definitive study of the laws Congress has passed will show utter disregard for the 9^th and 10^th Amendments and the trampling of both the rights of the people and of the states. Such ongoing unconstitutional activity is made possible by the 17^th Amendment.  

By allowing the people to elect both the House and Senate, the people in effect have two representatives and the states none. When the original plan was in place, the states maintained a measure of control over their Senators and could exert influence to make sure that the interests of the state were regarded and protected. When the interests of the state were protected, the people also had protection from draconian laws which are now in abundance due to the states having no control over the Senators.

Several years after Congress began operation, some states wouldn’t appoint Senators due to wrangling by the legislators and corruption in the state legislatures. As such, those states didn’t have representation so a remedy was proposed and the 17^th Amendment is the ill gotten solution. By being elected, the Senators can wield (and do wield) power that they otherwise wouldn’t possess since no one is in control of them. Under the original plan when one misbehaved in any fashion, the legislature could replace him or her, and if they weren’t replaced, the people could replace the legislators in their respective states. It is easy to see that the founder’s plan was designed to keep the reins on the federal government and in reality, kept the people in control.

Now we have the specter of no control and the result is a run away Senate answerable to no one except the special interest groups and a political party composed of people looking for government aid. In addition, one of the most pernicious results is that of Senators from one state campaigning for a candidate for the Senate in another state. In other words, a cabal of men and women (many times disreputable) can control the election in another state and keep their party in power to the detriment of the republic and that means to the detriment of all the people since the people are the republic. The original system wouldn’t allow such campaigning and it is suspected that many legislators of any state would take extreme umbrage if a Senator from another state tried to influence an appointment.

When the people lose control of their government and their destiny associated with the acts of government, the freedom and liberty we claim to possess is diminished more and more; and the 17^th Amendment, a failure by any standard, has helped cause the diminishing by giving Congress unbridled power to ride roughshod over the Constitution and the people.

In view of the foregoing and In Sorting It Out, a whole host of problems in this nation can be cured by repealing the 17^th which will return control to the states and ultimately control to the people which is the operative base of the republic.

© 05-09-2010  DEC