Thank you for referencing that article EternalVigilance. Please bear in mind that the following critique is directed at the article and not at you.
The author of the referenced article inadvertently overlooks that, where low-information citizens are concerned, citizens who have evidently never been taught the difference between legislative and judicial powers, that activist justices / judges can easily get away with making “laws” from the bench.
Also note that the Founding States gave Congress the specific power to remove from the bench justices and judges who legislate from the bench. The problem is that the corrupt, post-17th Amendment ratification Senate now refuses to protect the states as the Founding States had intended for it to do. Instead, the corrupt Senate harms the states by refusing to work with the House to impeach and remove Constitution-ignoring judges and justices from the bench.
The ill-conceived 17th Amendment needs to disappear, and corrupt senators and the activist justices that they confirm to the bench who legislate from the bench as well.
Knowing the author very well, as I do, I can tell you that she doesn’t overlook the problems you reference. I think she was trying to keep the essay very short, and to the main point.
Both she and I have been advocates for the repeal of the 17th Amendment for decades. Its passage broke our republic.