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To: Publius Valerius
As I said, I have no problem with peerage, especially as exists in the old House of Lords.

Can anyone sit in the House of Lords or only those to whom titles have been arbitrarily given? If the answer is that the entry is restricted on anything other than merit, then a true libertarian could not support it.

They are bound by law … and have no special rights other than to sit in the House of Lords.

As I recall from my stay in Great Britain, the House of Lords retains some governmental privileges (admittedly small and relatively inconsequential). However, even the smallest of not-merit based privilege or authority is a violation of the principle of equality before the law.

I think such a system could very well be important to the protection of rights.

I must disagree.

Even if you take issue with peerage, you can do like our founders did and tweak the concept and just call it something different. We have the Senate instead of the House of Lords, but the Senate was all but peerage. The principle, though--a branch of government made up of those who are wealthy and powerful--is important.

The original selection of senators was, in fact, by the state legislatures. Therefore, senators were still indirectly responsible to voters as they elected the state legislatures. How wealthy and powerful individuals were was not a direct qualifier.

I don't think it's any coincidence that the federal government began to tremendously expand its powers (and consequently, lessening individual rights) around the time we amended the Constitution to allow for direct election of Senators.

The coincidence may exist temporally. However, to attribute any supposed expansion of federal power to directly elected senators is more than a stretch.
119 posted on 05/18/2006 5:36:30 PM PDT by Lucky Dog
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To: Lucky Dog
However, to attribute any supposed expansion of federal power to directly elected senators is more than a stretch.

I don't think this statement stands up to historical review. The ratification of the Seventeenth Amendment in 1913 immediately and permanently altered the balance of power between the states and the federal government. Almost immediately after the passage of the amendment, there was a rapid growth in the power of the national government, especially at the expense of the powers of the states.

While the Founders were careful to guard against the “excesses of democracy, ” the Seventeenth Amendment embodied a notion that the cure for the ills of democracy was more democracy. Clearly, then, the passage of the Seventeenth Amendment was a direct assault on Our Federalism, because, as the Founders noted, the idea of a state having a direct voice in the national government was a key check to the power of the national government. Without the careful check in place, the national government began to legislate in areas traditionally only available to the states.

For instance, following the adoption of the amendment in 1913, Congress quickly passed the Child Labor Act of 1916 and the Child Labor Tax Act of 1919. While this legislation might have been meritorious, such legislation was always understood to be beyond the power of the national government, and its passage was a direct assault on the states as states.

Although the New Deal legislation was probably the high-water mark on the assault on the states by the national government, the clear trend following the ratification of the Seventeenth Amendment was that Congress was given an essentially blank check to legislate according to any perceived problem without any consideration of the states as separate entities.

This problem remains today in a variety of areas, but perhaps most conspicuous is Congress’s increasing legislation in criminal law, a sphere that historically has always been left to the states. Indeed, even following the ratification of the Fourteenth Amendment, in which Congress was given power to enforce equal protection and due process requirements, the Supreme Court in U.S. v. Cruikshank still held that Congress had no power to make general criminal law, striking down an indictment against several whites accused of killing a group of black men.

Despite recent trends by the Rehnquist Court to judicially impose requirements of federalism, the judiciary was not intended by the Founders to act as a check on the power of the national government vis-à-vis the states, and the weakness in attempting to extend the power of the judiciary that far becomes clear: the court simply cannot declare the vast number of laws intruding on the powers of the states unconstitutional and still retain any aura of legitimacy. In a nominally republican society, an unelected judiciary simply cannot, on an extended basis, continue to invalidate legislation passed by a democratically elected Congress; thus, the check on the power of the national government must come from the legislature itself. The Seventeenth Amendment removed this check. AS to your comment about the Senate not necessarily being composed of the wealthy any powerful, I note only that it wasn't called "the millionaire's club" for no reason.

121 posted on 05/18/2006 5:50:33 PM PDT by Publius Valerius
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