Monday, February 23, 2009

The 17th Amendment

I'm no consitutional scholar, nor am I an historian, but I've read the Constitution of the United States. It's a simple little document, actually, six or eight pages depending on how you set the defaults for your printer.

Then the amendments. Ten originally adopted as a Bill of Rights, the remainder as seen necessary. The last amendment adopted in 1992.

It's a remarkable document. Remarkable in itself, but more remarkable lately because you can literally print a copy, fold it, and stick it in your back pocket. You're carrying the supreme law of the land.

In Article 1, section 3, we learn of the election of Senators.
Section 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
Aaah. Senators were not popularly elected, they were elected by the state legislatures. A Republican form of government. Truly amazing.

Representatives to the US House were elected by the people. So, the lesser house was elected by the people and the greater house was elected by the states. So, the government was composed of representatives of the people and the states. That's very instructive.

The federal government, as originally intended was composed of representatives of the people, and the states. The People have rights and the States have rights, and the US Government has no rights, no power, unless granted by the Constitution. Truly remarkable.

Along about 1913,we decided that Senators should be elected by the people. Bad idea in my opinion. It provided that states could choose how to fill vacancies, and allowed governors to temporarily fill vacancies by appointment. Hence the Blagojevich-Burris kerfluffle. Now, there is a movement to amend the amendment, providing that Senators should always be elected by the people. This movement is being led by Senator Russ Feingold, who you might remember was a part and parcel of the assault on the 1st Amendment known as McCain-Feingold. Bad idea.

Better that we should abolish the 17th Amendment and return to our Republican roots. The founders intended that the House should be elected by the people and the Senate should be elected by the states. That intention led to the US Senate being considered the greatest deliberative body of all times.

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