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Our 17th Amendment - good or bad choice

Posted on 11/15/2015 9:37:56 AM PST by YankeeinOkieville

Mark Levin is one of the smartest scholars on the United States Constitution and I trust his opinion. Having said that,every once in a while he will indicate that the 17th is not his favorite amendment to our U.S. Constitution and this got me to thinking about how our country has been affected by this one - both good and bad.

While there are a number of seemingly entrenched Senators we could do with changing, due at least in part to name recognition by LIVs and misleading TV ads, I'm not at all sure state legislatures could or would do a better job of selecting replacements. Two examples that spring to mind are Ted Cruz and Dr. Tom Coburn. I highly doubt that either man would've been U.S. Senators if it were left up to the elected officials in their respective states. Both were nominated and elected through strong grass roots uprisings of the people. Both have, in my opinion, more than proven to be up the the challenge.

OTOH, would we have been saddled with as many Kennedys? Do you think the various states would impose term limits? Did any?

I dare say very few of us are students of history to the degree that we know what the mood of the country was in 1913. Perhaps Mark is. I am curious to hear opinions of my fellow Freepers on whether you think this was a good idea or bad idea and how you think the country might be different if Senators were still appointed by and answerable to the several states.


TOPICS: Chit/Chat; History
KEYWORDS: 17th; articlev; constitution; conventionofstates; cruz; levin
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To: YankeeinOkieville
The 17th Amendment undermined the strength of the states with respect to the Federal Government. It also allowed pieces of excrement like Cochran and Wicker from Mississippi to vote against the will of the people of the state they are supposed to represent with little to no checks and balances and misuse of the trust of the people that put them there.
21 posted on 11/15/2015 10:04:45 AM PST by vetvetdoug
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To: BuffaloJack
Seeing how some of the states are, I’m ambivalent on this one.

As am I. I cannot see the governing body of Texas (Republican as it is) selecting Ted Cruz to represent the state.

22 posted on 11/15/2015 10:05:33 AM PST by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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To: Maelstorm

While I agree that the 17th completely changed the Founders’ idea that the Senate represented the states (that’s why treaties are ratified by only the Senate) as I understand it, in 1913 it was believed that the rich and powerful within each state could easily buy the votes of then low-paid state legislators. The people of the time could not imagine that a majority of voters in a state could be bought off or influenced by big money to vote for a particular Senator. This was of course before radio and television ads would flood people’s homes for months before an election—paid for of course by big money.


23 posted on 11/15/2015 10:05:34 AM PST by hanamizu
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To: YankeeinOkieville

Right now there would be about 60+ republican senators in the Senate as that many states are Republican controlled.


24 posted on 11/15/2015 10:10:42 AM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: YankeeinOkieville

They were meant to be representatives of states’ interests against federal encroachment on those interests. The 17th amendment eviscerated states rights, oddly enough with the states’ approval!


25 posted on 11/15/2015 10:11:05 AM PST by aquila48
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To: rigelkentaurus

I agree wholeheartedly with your observations. That leads to the wondering if Ted would’ve ran - or been drafted to run - for Representative from the great state of Texas.

I wonder also, prior to the 17th, how many Representatives went on to run for President and if any won. (I know I could look it up for myself, but I’m betting with the brain trust we have here, I may not have to ;-) )


26 posted on 11/15/2015 10:13:24 AM PST by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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To: YankeeinOkieville

The other issue is campaign financing. Riding ourselves of the 17th would rid us of expensive campaigns. It would be also make it much more difficult for Senators to accumulate massive amounts of wealth off of the campaign finance system.


27 posted on 11/15/2015 10:21:31 AM PST by ALPAPilot
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To: YankeeinOkieville

The other issue is campaign financing. Riding ourselves of the 17th would rid us of expensive campaigns. It would be also make it much more difficult for Senators to accumulate massive amounts of wealth off of the campaign finance system.


28 posted on 11/15/2015 10:21:31 AM PST by ALPAPilot
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To: YankeeinOkieville
There is a lot of talk about the evils of the 17th because right now Republicans hold a majority of the state houses.

However, if the 17th Amendment hadn't been passed then it might not be the case right now.

If the voters of a state knew that whoever controlled the state houses would determine who their senators were, then they might vote differently. Just like we conservatives are cajoled into voting for inferior Republican candidates just so we can control who ends up in the Supreme Court, Democrats would be cajoled into supporting undesirable candidates to make sure that the state's Senators were Democrat.

Also, the real problem is not who chooses the Senators. The real problem is that the Feds are the only branch of government that can run deficits indefinitely. Over time our state governments have willingly ceded powers over to the Fed because they can't afford to pay for all the goodies their constituencies beg for. The states let the feds write the checks and then follow the mandates set by the feds.

There is some grumbling, but no real change.

Remember it was individuals that fought for Bundy's rights not the state of Nevada.

29 posted on 11/15/2015 10:22:07 AM PST by who_would_fardels_bear
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To: vetvetdoug
... Cochran and Wicker from Mississippi ...

Wasn't it the state political machine in Mississippi that gave it back to Cochran when the people tried to get rid of him? That would seem a vote for the 17th.

Hopefully, if the good people of the Magnolia State paid attention to who all was involved in this unscrupulous stunt and do a little house cleaning of their own.

30 posted on 11/15/2015 10:29:01 AM PST by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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To: ClearCase_guy; YankeeinOkieville

CCg nails it. The intent of a 2 house congress is that the several States have representation. This is what a federal constitutional republic is all about. 17A effectively DESTROYED the Republic.

About 4 years ago I was in a Big Lots and saw $3 book by Larry Sabado that proposed modifications to the U.S. Constitution. I figured I would be open-minded and see what Larry was proposing... and when I got to the part where he proposed that Article 1, Section 3 be modified to give more populous states more seats in the Senate, with senators being elected by popular vote, I closed the book and heaved it across the room at the wall.

Imbecile. ZERO grasp upon the original intent of the Senate. ZERO grasp of how critically important the decentralization of power is to a federal republic.

Voters were once able to directly influence how their statehouse acted and who it might send to Washington D.C. It put the power directly in the voting district, where if a state representative refused the will of the people that elected him, that representative was, minimally, removed from office. At worst, his home could be burned to the ground by an angry mob as they found the nearest tree to hang him from by the neck with a rope.

That is how it “should be”, IMHO.


31 posted on 11/15/2015 10:37:01 AM PST by Rodamala
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To: central_va
Right now there would be about 60+ republican senators in the Senate as that many states are Republican controlled.

Republican =/= conservative. If it were up to the state of Oklahoma, we may have had a Republican senator selected in 2004 but it would've been Kirk Humphries instead of the conservative Dr. Coburn.

32 posted on 11/15/2015 10:39:16 AM PST by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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To: Repeal The 17th

ping


33 posted on 11/15/2015 10:39:45 AM PST by Rodamala
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To: YankeeinOkieville

Amendment 17 changed the Senate into a more-exclusive, more-expensive version of the House.


34 posted on 11/15/2015 10:45:35 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: YankeeinOkieville
The natural follow up question is, how did so many states vote to ratify this amendment and voluntarily give up their balanced check to the populace?>

Because the State Governments are elected by the people of the States.

There were a couple of problems related to the election of senators prior to the 17th amendment. Corruption was one of them. Another issue was deadlock in picking a senator to represent the state. Sometimes a state would go a couple of years before picking a senator. The third issue is that a large quantity of state legislative races became dominated by the question of who would the candidate vote for for US Senate.

The first issue is a problem generic to governments. The second one could probably be fixed fairly easily. The third issue is a serious challenge to repeal. I think repeal would require a provision stating that nomination and votes for US Senator must be done in secret. All nominations will be done by dropping a name in a hat and the ballot must be secret. It may also need to be made a felony for a state legislator to discuss publicly who they plan to vote for or voted for.
35 posted on 11/15/2015 10:46:24 AM PST by ronnietherocket3 (Mary is understood by the heart, not study of scripture.)
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To: ronnietherocket3

I am in favor of repealing the 17th amendment.


36 posted on 11/15/2015 10:46:58 AM PST by ronnietherocket3 (Mary is understood by the heart, not study of scripture.)
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To: YankeeinOkieville

Yeah, let the socialist state bosses of pork and regulations choose the senators. They’ll finish crushing what little remains of the true private sector.


37 posted on 11/15/2015 10:49:36 AM PST by familyop ("Dry land is not just our destination, it is our destiny!" --"Deacon," "Waterworld")
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To: ClearCase_guy

The 17th amendment has made it much more probable that our elected Senators become influenced from movements out of their state.


38 posted on 11/15/2015 10:49:45 AM PST by cornfedcowboy
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To: YankeeinOkieville

Since the probability of repealing the 17th amendment is near zero, time spent even discussing the subject is a waste.


39 posted on 11/15/2015 10:49:54 AM PST by truth_seeker (come with the outlws.)
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To: Rodamala
At worst, his home could be burned to the ground by an angry mob as they found the nearest tree to hang him from by the neck with a rope.

That is how it “should be”, IMHO.

Really hoping that is hyperbole.

40 posted on 11/15/2015 10:54:04 AM PST by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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