To: YankeeinOkieville; All
"Is there evidence that pre-17th Senators weren't just as corrupt?" I am glad that you asked that question. In my opinion, yes, the Senate was corrupt before the ratification of 17A.
Pre-17A Senate corruption is evidenced by state sovereignty-ignoring activist justices on the Supreme Court by the late 19th century. More specifically, in the Courts decision in the United States v. Wong Kim Ark (Wong) case, activist justices wrongly interpreted the 14th Amendment as giving citizenship to anybody born in the states.
The problem with the Courts decision is that it wrongly ignored that the congressional record shows that the federal lawmakers who proposed the 14th Amendment (14A) to the states for ratification had clarified that 14A is not to be interpreted as saying that a person born in the states is not automatically a citizen as the Wong justices later argued.
But let us not overlook that the pre and post-17A ratification Senate was probably nowhere near as corrupt, imo, as the post-17A, post-FDR era Senate is, the Senate now regularly helping the corrupt House to pass bills which not only steal state powers, but also steal state revenues associated with those powers.
In fact, Senate is also now refusing to work with the House to impeach and remove lawless presidents, and is also still confirming activist justices that the Senate likewise refuses to remove from the bench when such justices blatantly ignore the federal governments constitutionally limited powers.
In fact, Senate-confirmed activist justices are wrongly declaring the unconstitutional laws that the Senate helps the House to make to be constitutional!
What a scam!
As mentioned in previous post, the ill-conceived 17th Amendment needs to disappear, and senators who let the federal government attack 10th Amendment-protected state sovereignty along with it.
To: Amendment10
Pre-17A Senate corruption is evidenced by state sovereignty-ignoring activist justices on the Supreme Court by the late 19th century. More specifically, in the Courts decision in the United States v. Wong Kim Ark (Wong) case, activist justices wrongly interpreted the 14th Amendment as giving citizenship to anybody born in the states.
The text of the 14th amendment is clear. If someone is born in the US and subject to its jurisdiction, they are a citizen. If someone is born in the US to illegal immigrant parents and then at 18 engages in drug trafficking, that person can be tried in a federal court. This person was born in the US and is subject to the jurisdiction of the US.
The problem with the Courts decision is that it wrongly ignored that the congressional record shows that the federal lawmakers who proposed the 14th Amendment (14A) to the states for ratification had clarified that 14A is not to be interpreted as saying that a person born in the states is not automatically a citizen as the Wong justices later argued.
The congressional record is not a source of law. It is not passed by Congress, signed by the President, or ratified by the states. Also including the congressional record as a source of law will vastly increase the ability of prosecutors, judges, and federal agencies to burden Americans needless subpoenas and regulations.
In fact, Senate is also now refusing to work with the House to impeach and remove lawless presidents, and is also still confirming activist justices that the Senate likewise refuses to remove from the bench when such justices blatantly ignore the federal governments constitutionally limited powers.
The one time the Senate had the opportunity to remove a lawless president prior to the 17th amendment, they did not because they were worried that the then President Pro Tempore would become president.
62 posted on
11/15/2015 3:40:05 PM PST by
ronnietherocket3
(Mary is understood by the heart, not study of scripture.)
To: Amendment10
I had to read your post 61 a couple of times but I think I follow it all. (sorry, the offspring is the lawyer, I’m more into science so not so good with the double negatives and such ;-) )
You do give good points to an argument for its repeal. Do you think there is much sentiment amongst the individual states that a convention of states would make that one of its priorities?
63 posted on
11/15/2015 5:38:29 PM PST by
YankeeinOkieville
(Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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