Chief Justice Roberts is a good example why the 17th Amendment should never have been ratified. More on this shortly.
Roberts is wrongly ignoring that the states are basically free to discriminate against any issue, such such gay marriage, that they have never amended the Constitution to expressly protect.
With that in mind, consider that if the 17th Amendment had never been ratified then their would probably be all different faces on the Supreme Court today. The Court would probably be comprised of God-fearing justices who reflect the family values of the senators who confirmed them, senators likewise reflecting the family values of the state lawmakers who elected them. And if such was the case then patriots wouldnt be concerned about activist justices trying to legislate so-called vote-winning right to gay marriage from the bench.
The 17th Amendment needs to disappear.
“The Court would probably be comprised of God-fearing justices who reflect the family values of the senators who confirmed them, senators likewise reflecting the family values of the state lawmakers who elected them.”
What makes you think that state politicians that are elected by the people would be anymore “God fearing” and chose conservative U.S. senators (that then confirm justices) than U.S. senators picked directly by the same people? It is illogical. Until my home state finally got a Republican controled legislature, we routinely sent conservative GOP Senators to congress while still electing state legislators that were democrats. IF the 17th had not existed, we wouldn’t have sent conservative Senators to the congress....they would have always been Democrats.
There may be good arguements against the 17th (direct election of Senators by the people), but the one you are putting forth is not one of them.