Free Republic

America, weÂ’re told from a young age, is all about democracy, and democracy is all about choosing whom you want to be your representatives and holding them accountable. This seems like an entirely uncontroversial idea, but a surprising number of Republican politicians would like to do away with this right, and return the country to an older era when Americans didnÂ’t directly elect their representatives in Washington.Until 1913 and the ratification of the 17th Amendment, Americans didnÂ’t actually elect senators, state legislators did. The change seems unquestionably positive, but Rep. Jeff Flake, the front-runner for the Republican nomination for a...

The Second Amendment got attacked this week from three sides, leaving gun owners scrambling to find safe ground. While President Obama has lost momentum for federal gun-control laws, he has picked up victories with his allies in blue states and at the United Nations. After Thursday, Connecticut should consider changing its state nickname from the “Constitution State” to the “Unconstitutional State” after Gov. Dannel Malloy signed an extremely restrictive gun-control law. The bill passed the state House Thursday morning and the Senate on Wednesday. Before the Newtown tragedy, the Brady Campaign determined that Connecticut was the fifth highest-rated state for...

Maryland and Virginia have vowed to tackle the issue of guns when their state legislatures convene this month in the wake a mass shooting at a Connecticut elementary school, but the neighboring states are taking drastically different approaches. In Maryland, Democrats running the General Assembly have called for a crackdown on the kinds of powerful firearms and high-capacity magazines used last month by the Newtown, Conn., shooter to kill 20 children and six adults at Sandy Hook Elementary School. Republicans who control Virginia's General Assembly, however, not only dismissed the need for new gun restrictions but expressed interest in arming...

Three of the four candidates seeking the Republican nomination for the U.S. Senate in Virginia agree that efforts to repeal the 17th Amendment to the U.S. Constitution – which authorizes the direct election of senators – are impractical at best. In post-debate interviews in Roanoke on Saturday, where all four candidates participated in a forum sponsored by the Republican Party of Virginia, the candidates expressed their views on the 17th Amendment in response to questions posed by the Charlottesville Libertarian Examiner. ‘Repeal Amendment’ alternative Jamie Radtke said that she does not think the repeal efforts are viable, “so I’ve been...

<p>The states created the federal government; they designed it carefully to be sure that the federal government could never gain unlimited power to govern as a tyrant. Today, however, the federal government recognizes no limitations on its power, it issues edicts to states and individuals alike, with no fear of retribution. It has gained the power to rule as a tyrant – and does.</p>

A recent exchange between Sean Hannity and one of his listeners provides an opportunity to educate the public on the 17th amendment of the United States Constitution. Sean, defending the 10th amendment - which grants those powers not specifically delegated to the United States to the States respectively - did not agree with the caller’s wish to see the 17th amendment repealed, and seemed confused as to the amendment’s implications. The 17th amendment, for the edification of Sean, was enacted in the magical year, 1913 - the year that gave us the income tax and the Fed! - and stripped...

It’s rather dismaying to see the thoughtful and well-regarded online magazine Front Porch Republic being roiled by a series of articles written by editor John Medaille celebrating the virtues of monarchism as compared to democracy. I don’t believe John’s point was call for the U.S. to build its own Buckingham Palace or design its own crown and scepter, which will never happen in a million years. It was to simply show the follies of democratism as a guarantor of the public’s liberties compared to an enlightened king (one tyrant 3,000 miles away as compared to 3,000 tyrants one mile a...

CORBIN — LEXINGTON (AP) — Kentucky Senate President David Williams told a group of law students that state legislators, not voters, should choose members of the U.S. Senate — comments that drew a negative reaction from Kentucky’s two senators. Declaring himself “a tea partier,” Williams on Wednesday called for repeal of the 17th Amendment to the U.S. Constitution, which provides for popular election of U.S. senators, the Lexington-Herald Leader reported. Williams is seeking the Republican nomination for governor next year.

Joe Miller, Alaska’s Republican nominee for the United States Senate, recently expressed support for an idea that is rapidly gaining steam in Tea Party circles: the repeal of the Seventeenth Amendment. Miller subsequently backtracked from his statement, but he shouldn’t have: Repealing the Seventeenth Amendment would go a long way toward restoring federalism and frustrating special-interest influence over Washington. Ratified in 1913, the Seventeenth Amendment replaced the election of U.S. senators by state legislators with the current system of direct election by the people. By securing the Seventeenth Amendment’s ratification, progressives dealt a blow to the Framers’ vision of the...

While the Republican gains in the House and Senate are grabbing the most headlines, the most significant results on Tuesday came in state legislatures where Republicans wiped the floor with Democrats. Republicans picked up 680 seats in state legislatures, according to the National Conference of State Legislatures -- the most in the modern era. To put that number in perspective: In the 1994 GOP wave, Republicans picked up 472 seats. The previous record was in the post-Watergate election of 1974, when Democrats picked up 628 seats. The GOP gained majorities in at least 14 state house chambers. They now have...

Republican U.S. Senate candidate Joe Miller told a Fairbanks audience Monday that he would back an amendment to repeal the 17th Amendment to the U.S. Constitition.That’s the 1913 amendment that shifted the job of selecting U.S. senators from each state legislature  and required a popular vote in each state.The issue has garnered support from some Tea Party candidates across the country.The idea, apparently, is that if senators are selected by legislators, they would be less susceptible to special interests and more supportive of states’ rights.A Wall Street Journal law blog summarizes the argument this way:  “Nowadays, Senate candidates have to...

Otter shifts stand on 17th Amendment repeal; The Spokesman-Review Idaho Gov. Butch Otter declared during a political debate today that he doesn’t favor repeal of the 17th Amendment to the U.S. Constitution - though he’s been sharply critical of the amendment for the past year, including in his keynote speech at a Tea Party rally in Spokane in April. The amendment shifted selection of U.S. senators from state Legislatures to a vote of the people, and repealing it is a plank in Idaho’s Republican Party platform. The governor’s comments came as he and Democratic challenger Keith Allred sparred over everything...

I should start by acknowledging that repeal of the Seventeenth Amendment is hardly a mainstream issue and certainly not anything likely to come about (which is an understatement). However, the fact that there are people out there seeking its repeal is sufficient to garner comment, especially since said persons were significant enough within factions of the Tea Party movement to actually get some Senate candidates to state that they were in support of the repeal. Further, every once in a while I will get a commenter who is favor a repeal, so it seems worth some discussion.The proximate cause of...

Lawmakers in 34 states, from both major parties, have now either proposed, passed or are in the process of enacting laws that draw a line in the sand on states rights, preemptively nullifying at least parts of ObamaCare.

Although Gov. Brad Henry vetoed similar legislation 10 days earlier, House members Monday again approved a resolution claiming Oklahoma’s sovereignty. Unlike House Joint Resolution 1003, House Concurrent Resolution 1028 does not need the governor’s approval. The House passed the measure 73-22. It now goes to the Senate. "We’re going to get it done one way or the other,” said the resolutions’ author, Rep. Charles Key, R-Oklahoma City. "I think our governor is out of step.” House Democrats objected, saying the issue already had been taken up and had been vetoed, but House Speaker Pro Tempore Kris Steele, R-Shawnee, ruled the...

The States still have the power and the means to bring the Federal Government into compliance with the intent of the Founders, but to do so they must be willing to kill the Sacred Cow of American politics - democracy. Mostly unheralded and unknown, the Founding Fathers feared and rejected it. Examination of Farrand's Records, (The minutes and journal of the 1787 convention) clearly reveals the Founders' intent. For instance: Gerry, "The evils we experience (in the confederation) flow from an excess of democracy." Madison describing Randolph: "the General Object (of the Convention) was to find a cure for the...

The U.S Constitution "originally" laid out the separation of powers between the federal government and the State governments in the first paragraph of article 1 section 3. How this paragraph accomplished that goal will become clear later in this article. This paragraph states: "The Senate of the United States shall be composed of two Senators from each state, chosen by the LEGISLATURE thereof, for six years; and each Senator shall have one vote." Then in Article I, section 4 we also find this: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each...

That Southern charm may soften the appearance of the actor-senator’s hardened conservative views. Last month brough the moment in the presidential campaign I’d been dreading. The popular conservative from my home state, fellow Tennessean Fred Thompson, entered the Republican primary. The pundits and “insiders” have dismissed the actor and former senator even before he declared his candidacy on late-night TV. Some claim he’s a Hollywood lightweight, but I’ve heard that before (Ronald Reagan). Some dismiss him as a Southern simpleton, but I’ve heard that before (George W. Bush). And I’ve even heard some claim he has a wealth of sexual...

It's a hardy perennial in the more philosophically-oriented conservative circles, despite its manifest political infeasibility: the argument that the Seventeenth Amendment should be repealed or should never have been passed. While this argument does have its virtues, I disagree. Regardless of whether it was a good idea at the time, repealing the 17th Amendment today would only weaken the mechanisms that are essential to conservative policies and conservative philosophy. Specifically, restoring to state legislatures the power over the election of Senators would make the Senate less directly accountable to the people and insulate the federal courts even further from public...

Abstract: "The Irony of Populism: The Republican Shift and the Inevitability of American Aristocracy" analyzes the shift in the role of the Supreme Court following the movement towards a democratic Senate which culminated in the Seventeenth Amendment. The Supreme Court's shift is presented as the inevitable result of the system of mixed government that underlies the constitutional order, which orders American Government into democratic, aristocratic, and monarchical parts. While in the original conception of the constitution the Senate was the aristocratic part, the Senate would become part of the democratic part with the Seventeenth Amendment and prior procedural changes. Into...