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The 17th Amendment and Republican Freedom
The 17th Amendment, State Laws and the Independent Judiciary
Great article. Thanks for posting. I’m a Federalist when it comes to social issues and a Libertarian on financial ones.
The early 20th century progressives [Roosevelt included] wreaked a lot of havoc on this country: destroyed the schools, created the Fed, and passed the 17th. I think they may have been worse than FDR at weakening the Constitution.
On a related note, by my understanding, many states used to have a legislative body whose members represented counties until some court (I forget the details) ruled that such a thing violates “equal protection” or some such. Clearly the Founding Fathers could never intended for any entity to have half of a bicameral legislature whose members were not allocated according to population, right? After that ruling, “state senate” seats have been allocated in such fashion as to eliminate county representation.
I’ll say it again. Absent the 17th Amendment David Dewhurst would be the junior senator from Texas. Bob Bennett would still be the junior senator from Utah. Mtch McConnell and Lindsay Graham would be sitting at home comfortable in the knowledge that they would be returning to the Senate in 2015.