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Repeal 17th Amendment
Findlaw.com ^ | Friday, Sep. 13, 2002 | John Dean

Posted on 09/24/2002 8:35:46 AM PDT by Dick Bachert

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To: Constitutionalist Conservative
Fine. Then it's up to the States (whatever they are apart from the People) to educate the People about what their interests should be, rather than what they are. It concerns me that this proposal would make such a distinction between the States and the People, rather than just see the States' interest being the interests of a certain group of people, that group being those living in the State.

I wonder how this proposal would fare in a vote by the People.
41 posted on 09/24/2002 2:14:13 PM PDT by BikerNYC
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To: BikerNYC
I wonder how this proposal would fare in a vote by the People.

I suspect, given the current ignorance of the electorate on the principles of federalism, such a proposal would go down in flames. Even with concerted efforts by the States to educate their people, I still think it would end up being too abstract to gain any traction with the majority.

42 posted on 09/24/2002 2:18:12 PM PDT by Constitutionalist Conservative
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To: Jim Robinson
Absolutely!

Ron Paul led a brief movement in Congress to get them to do a Constitutional Impact Study DETAILING precisely WHERE the Constitution authorized ALL new legislation.

Needless to say, it failed.

Like my old friend, Lester Maddo -- no states right slouch himself -- said when the crime in the Georgia prison system was brought to his attention, "What we need is a better class of criminal."

We'll get these things done when we get a better class of politician.

And we'll get THEM when we get a better class of citizen.

Hat's off to you, Jim, for aiding that vital process.

43 posted on 09/24/2002 2:19:17 PM PDT by Dick Bachert
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To: Jim Robinson
Every federal agency should have to underego examination to determine if they are authorized by the Constitution.

Yes. Absolutely.

Any agency that is not constitutionally federal in nature should either be dismantled, or divided into 50 parts and handed back to the states. That puts political control closer to the control of the citizen. And, it allows 50 ongoing experiments in governance, which is what our system is supposed to provide. There is nothing wrong with having 50 different policies on a given subject; if we are free people, it is a certainty that we will have 50 different policies that should converge over time, but never completely agree.

And I agree with your earlier post; to even think about doing this, it is going to take a clear Repub majority in Congress... not just Repubs, of course, but conservative small "L" libertarian Repubs, to get this job done.

44 posted on 09/24/2002 2:25:12 PM PDT by marron
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To: Constitutionalist Conservative
I believe you are correct. And I believe that's why the founders set it up the way they did. The House was for the representatives of the people. The founders knew that the people are easily swayed by current events and popular opinion and that they may not always choose what's best in the long term for the Republic.

The Senate was set up NOT to be directly answerable to the people. The Senators were given longer terms. The Senate was established as the upper chamber in the system. The Senators were intended to be senior statesmen and defenders of the Constitution and the Republic, even to defend it from the people. They were intended as a check on the hot heads of the people's house, not accomplices. They were intended to be representatives of the sovereign states and guardians of the Republic.

The 17th changed all that. Suddenly, we are no longer a republic, we are a "democracy" (as taught by politicians, and the liberal media, and the public schools since 1913). The Senate no longer defends our national sovereignty not to mention state sovereignty or the Constitution or the Republic. The Senators are now more interested in accumulating maximum federal power for their own selfish reasons. The states and the Republic be damned.

We must continue the battle in the Supreme Court. We must block the liberals and appoint only conservatives to the judiciary at every level of government.

Vote out the RATs.

Recruit and support and campaign mightily for the most conservative new blood we can find in the farm systems and the primaries, but regardless of who wins the primaries, we must support and campaign for and elect the Republican candidate in the general elections. It's the only way we will ever defeat the left and it's the only way we will ever restore our Liberty!

Vote the RATS OUT!

45 posted on 09/24/2002 2:42:46 PM PDT by Jim Robinson
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To: marron; Dick Bachert
And I agree with both of you. We must elect the most conservative candidates as possible. The big "L" and the little "l" libertarians should take a lesson from Ron Paul. If they really want to get elected to make a difference, as opposed to just sending a message that will never be heard, they should pool their resources and get some of their best people through the primaries and onto a Republican ticket where there are numbers to actually win a race. Ron Paul is great, but the Libertarian Caucus in the Congress is a virtual graveyard. There's only one man standing. Give the man some help. He deserves it. We all deserve it.
46 posted on 09/24/2002 2:50:27 PM PDT by Jim Robinson
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To: weikel
16th 17th and yes the 19th all need to be axed.

I'm in favor of all amendments after the 12th needing to go. Since the Constitution itself denies no one the right to vote, the 15th & 19th are politically motivated and therefore unnecessary. Likewise the 13th was a reiteration of the Emancipation Proclamation and also, IMHO, unnecessary. I agree with most here that the wording of the 14th is open to mischevious interpretation.

Of all the amendments that make my blood boil it is the 16th:

Article I, Section 9: "...No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken..."

Amendment XVI: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

This blatant turning of the Founders words directly against them, my fellow FReepers, is IMHO the worst crime in this nation's history. The kind of taxation authorized by the 16th is precisely that against which the Founders revolted .

47 posted on 09/24/2002 2:53:32 PM PDT by LisaFab
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To: Jim Robinson
Amen!

Praise the Lord and pass the -- ballots!

48 posted on 09/24/2002 3:00:07 PM PDT by Dick Bachert
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To: Jim Robinson
Well said and most appropriately on this thread. For the Founders, like Ronald Reagan, knew that to achieve their final goal, they had to compromise some and keep their 'eyes on the prize' so to speak.

These midterm elections are parmount to starting down the long road to re-building this country the way the Founders intended it.

49 posted on 09/24/2002 3:00:53 PM PDT by LisaFab
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To: LisaFab
Alright you can't be serious about getting rid of the 13th...
50 posted on 09/24/2002 3:05:30 PM PDT by weikel
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To: BikerNYC
Why do you think the States' interestes would differ from the interests of the People?

Its fundamental, you don't need to be a genious to see it.. for example. If Senators were elected by state legislatures and sent to represent the states, and could be recalled by their governor at any time that you would have the insane party line chaos that happens in Washington? Where individual senators will vote a party line regardless of what it does for their state, like for instance the Clinton Tax Increase in the 90s, where party loyalty was more important than anything.

Its crazy to believe that the people and the state will have exactly the same desires. A state is going to be interested in the matters of the state and government, while the individual will be interested in self interested issues. If you think the state and the people will share completely the same interests, then there is no reason to even have states.

51 posted on 09/24/2002 3:12:40 PM PDT by HamiltonJay
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To: weikel
Serious as root canal. The 13th was "legislating through amendment", an issue that had already been decided by armed conflict and thus, IMHO, unnecessary. Congress did not need to amend the Constitution since there is no mention of its legality as a practice (notwithstanding Art. I, sec. 2 & sec. 9) in the document.
52 posted on 09/24/2002 3:14:57 PM PDT by LisaFab
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To: LisaFab
The 13th was neccasary the slaves in areas under Union control could not constitutionally be freed by Lincoln. Besides Im still hoping jury duty gets ruled unconstitutional under the 13th( it is).
53 posted on 09/24/2002 3:18:18 PM PDT by weikel
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To: weikel
hmmm...Clinton---60% women's vote---senate too!
54 posted on 09/24/2002 3:20:16 PM PDT by f.Christian
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To: Jaxter
Me too, I would sadly give up my vote if it meant the majority of women didn't get to vote democrat. You can almost trace our decline to the 19th Amendment.
55 posted on 09/24/2002 3:20:42 PM PDT by MissAmericanPie
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To: MissAmericanPie
Well actually the 20's were briefly a nice improvement over the Wilson era but most women knew enough then that the 19th was just the result of pols caving into crazy feminazi suffragettes and didn't vote. The 16th and 17th started America's decline the 19th was just the nail in the coffin.
56 posted on 09/24/2002 3:24:00 PM PDT by weikel
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To: Diddle E. Squat
...revert back to the voter definition of colonial times: property owners.

Right. Since the Constitution originally grants no one the right to vote, all 'voters rights' amendments are political and frivilous IMHO.

57 posted on 09/24/2002 3:28:19 PM PDT by LisaFab
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To: beaversmom
Doesn't matter most women vote Dem your views will be better represented if women lose the vote.
58 posted on 09/24/2002 3:28:48 PM PDT by weikel
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To: HamiltonJay
If you think the state and the people will share completely the same interests, then there is no reason to even have states.

Not at all. States are very useful because they allow people with similar interests to bind together and form laws that will govern them within a state. The interests of people in one state may differ than those in another. Having geographic boundaries for local government allow the majorities in each to craft laws that satisfy them.

And I see no reason why the People of a State can't have the power to recall its senator. While the process would be necessarily slower than if a governor recalled him, it could still take place more easily than it is now.

What might a State want to do legislatively in the Senate that might not be in the interests of the citizens in the State?
59 posted on 09/24/2002 6:49:32 PM PDT by BikerNYC
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To: Dick Bachert
I've often thought that changing to a direct election of Senators fatally undermined the wise intentions of the Constitution's authors. They were very deliberate in structuring our nation's republic.

They did this because they had both the hindsight to avoid what the mess they came from and the foresight to see what America could be.

Unfortunately, where they were deliberate and wise, we in the 20th century have been politically hasty and foolish.

60 posted on 09/25/2002 4:24:12 AM PDT by tdadams
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