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To: muawiyah; All

You totally miss the point. The 17th Amendment ABOLISHED the UNITED STATES SENATE! We now have two Houses of Representatives, both directly elected and subject to the pupulism of the masses.

The Senate was intended to represent the rights and interests of states at the national level. Nothing more, nothing less. That is now gone.

The states, and their respective legislatures, no longer have direct representation at the federal level. The only power legislatures now have is to gerrymander congressional districts.

To put it in historical perspestive, the seventeenth amendment is akin to Cesar emasculating the Roman Senate.

Here's an article by Bruce Bartlett in NRO from a year ago:




Repeal the 17th Amendment
It’s where big government begins.
May 12th, 2004



There is only one time when a U.S. senator is really free to speak the truth — when he’s announced his retirement. Since he no longer has to worry about raising money, pandering to voters, or retaliation from his colleagues, he can say what he really thinks about issues no other member of the Senate will discuss. For this reason, it is worth listening to Sen. Zell Miller, Democrat of Georgia, who recently spoke a truth that no senator except a retiring one would dare say.


On April 28, Sen. Miller, the last genuinely conservative Democrat we will likely ever see in the Senate, laid the blame for what ails that august body at the door of the 17th amendment to the Constitution. This is the provision that provides for the popular election of senators.

Few people today know that the Founding Fathers never intended for senators to be popularly elected. The Constitution originally provided that senators would be chosen by state legislatures. The purpose was to provide the states — as states — an institutional role in the federal government. In effect, senators were to function as ambassadors from the states, which were expected to retain a large degree of sovereignty even after ratification of the Constitution, thereby ensuring that their rights would be protected in a federal system.

The role of senators as representatives of the states was assured by a procedure, now forgotten, whereby states would “instruct” their senators how to vote on particular issues. Such instructions were not conveyed to members of the House of Representatives because they have always been popularly elected and are not expected to speak for their states, but only for their constituents.

When senators represented states as states, rather than being super House members as they are now, they zealously protected states’ rights. This term became discredited during the civil-rights struggle of the 1960s as a code word for racism — allowing Southern states to resist national pressure to integrate. But clearly this is an aberration. States obviously have interests that may conflict with federal priorities on a wide variety of issues that defy easy ideological classification. Many states, for example, would probably enact more liberal laws relating to the environment, health, and business regulation if allowed by Washington.

Two factors led to enactment of the 17th amendment. First was the problem that many state legislatures deadlocked on their selections for the Senate. The upper house and the lower house could not agree on a choice, or it was prohibitively difficult for one candidate to get an absolute majority in each house (as opposed to a plurality), which was required by federal law. Some states went without representation in the Senate for years as a consequence.

The second problem involved a perception that the election of senators by state legislatures made them more susceptible to corruption by special interests. The Hearst newspapers were a major force arguing this point in the early 1900s.

The pressure of public opinion eventually forced the Senate to approve a constitutional amendment changing the election of senators to our current system of the popular vote. The fact that many states (such as Oregon) had already adopted a system whereby legislatures were required to choose senators selected by popular vote was ignored.

The 17th amendment was ratified in 1913. It is no coincidence that the sharp rise in the size and power of the federal government starts in this year (the 16th amendment, establishing a federal income tax, ratified the same year, was also important). As George Mason University law professor Todd Zywicki has noted, prior to the 17th amendment, senators resisted delegating power to Washington in order to keep it at the state and local level. “As a result, the long term size of the federal government remained fairly stable during the pre-Seventeenth Amendment era,” he wrote.

Prof. Zywicki also finds little evidence of corruption in the Senate that can be traced to the pre-1913 electoral system. By contrast, there is much evidence that the post-1913 system has been deeply corruptive. As Sen. Miller put it, “Direct elections of Senators … allowed Washington’s special interests to call the shots, whether it is filling judicial vacancies, passing laws, or issuing regulations.”

Sen. Miller also lays much of the blame for the current impasse on confirming federal judges at the door of the 17th amendment. Consequently, on April 28 he introduced S.J.Res. 35 in order to repeal that provision of the Constitution.

Over the years, a number of legal scholars have called for the repeal of the 17th amendment. An excellent summary of their arguments appears in Ralph Rossum's book, Federalism, the Supreme Court and the Seventeenth Amendment. They should at least get a hearing before Zell Miller departs the Senate at the end of this year.

— Bruce Bartlett is senior fellow for the National Center for Policy Analysis. Write to him here.


4 posted on 05/30/2005 6:12:44 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: Remember_Salamis
The manner of representation is different in the House and the Senate.

If you fail to notice that, you fail to notice the fundamental difference between the two bodies, of course.

If you have a legislature vote for a Senator, the only difference between that and having everybody in the state vote for a Senator is the number of voters!

We have the same issue when it comes to appointing or electing judges. Pretty much the same sort of people end up being judges, but the number of folks voting is different.

Personally, I prefer as broad a base as possible in the electorate for every office.

BTW, I think you are raising this meaningless objection simply because I pointed to the problem ~ the poor quality and character of Senators ~ and the solution ~ one term and then execution.

Playing around with the number of voters isn't going to address quality and character and you know it.

8 posted on 05/30/2005 6:18:37 PM PDT by muawiyah
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To: Remember_Salamis

So what is it that we the Sheeple can do to help abolish the 17th Amendment? Our senators surely wouldnt stand for it. They would lose all of their money and actually have to represent an institution.


9 posted on 05/30/2005 6:19:43 PM PDT by IronChefSakai (Life, Liberty, and Limited Government!)
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To: Remember_Salamis

I'm with you. I would prefer to see the 17th abolished. I think it would change the nature of Congress fundamentally.


13 posted on 05/30/2005 6:22:35 PM PDT by Prodigal Son
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To: Remember_Salamis
The Senate was intended to represent the rights and interests of states at the national level. Nothing more, nothing less. That is now gone.

This also laid the foundation for SCOTUS to rule that state senates had to be apportioned "one man, one vote" also, thus abolishing the one or two state senators/county as an upper chamber, at least in California. It totally decimated the influence and balance of rural counties in state legislatures.

24 posted on 05/30/2005 6:32:11 PM PDT by ApplegateRanch
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To: Remember_Salamis
personally the 19th should be first to go....
88 posted on 05/30/2005 7:41:05 PM PDT by jmq
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To: Remember_Salamis
We now have two Houses of Representatives, both directly elected and subject to the pupulism of the masses.

Yep.

Don't forget that the same people who brought you the 17th also gave you the wonderful 16th, just two months earlier. (The 16th is direct taxation a.k.a. your federal income tax)

A Power Grab, indeed...

89 posted on 05/30/2005 7:41:24 PM PDT by Vortex (Garbage in, Garbage Out)
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