Repeal Seventeenth Amendment

State's Liberty Party ^ | John MacMullin

[inquest]

Definitely. Unlike the Preamble, Article IV contains an actual command. The Preamble grants no powers to the federal government. If it did, then there would be absolutely no point in enumerating its powers, because just about everything under the sun would be covered by it.

And strictly speaking, I wasn't "discarding" the Preamble or saying that it isn't a legitimate part of the Constitution. I was only pointing out the obvious fact that it contained no actual requirements, so it cannot be construed as imposing a requirement.

[Non-Sequitur]

Well, OK, you got me there. Still a Supreme Court decision is no less valid because it relies on the Preamble. I believe that the Chief Justice made reference to the powers reserved to the United States elsewhere in Article IV but didn't clearly identify them Still, that too is an interpretation on my part of the Chief Justice's reasoning, and I can't very well criticize you if I do the same.

[inquest]

Still a Supreme Court decision is no less valid because it relies on the Preamble.

That to me is a scary thought. There has to be some rational limit on what the court can and can't do, otherwise we don't have a Constitution, just a court's dictates. I would at least consider such a decision, as I said in #53, highly suspect, and worthy of inquiring into other possible motives for issuing it.

[Roscoe]

Didn't New Jersey just effect a de facto repeal of the 17th?

[inquest]

No, they repealed the first paragraph of Section 4 in Article I.

[Xthe17th]

"Explain West Virginia if your statement is correct"

West Virginia was created out of Virginia which had ALREADY seceeded because West Virginians were appalled that their former state legislature had repudiated the constitution. They strongly desired to live under the constitution for protection of their human rights. Plus, they were quite alarmed at the Confederate troops which were mustering in their back yard in Wheeling.