Archive for May 2019

Repeal the Seventeenth Amendment

Note: This article appeared on my .htm pages (and still does), however, it is brought to the blog pages due to evolving interest in the subject. The date shown was the date of publication of the original article.

Gary Hunt
Outpost of Freedom
March 9, 2009

The Seventeenth Article in Amendment to the Constitution reads:

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

“When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

It replaces most of Article I, Section 3, of the Constitution.

The Seventeenth Amendment was ratified in 1913, just days after the rectification of the Sixteenth (Income Tax) Amendment. That was also the year that the Federal Reserve Act was passed.

Most people look only at the Income Tax and the Federal Reserve Act as the evils of the momentous year. They fail to understand what happened, with regard to the dismemberment of the Union by the ratification of that Amendment.

The United States is composed of the “several States” and New States… admitted by the Congress into this Union” [Art IV, Sec 3]. In Federal Legislation, the States are often recognized as “member States).

Black’s Law Dictionary [5th Edition] defines”

United States. The term has several meanings. It may be merely the name of the sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which sovereignty of the United States extends, or it may be collective name of the states which are united by and under the Constitution. [Hooven & Allison Co. v. Evatt, U.S.Ohio, 324 U.S. 652, 65 S.Ct. 870, 880, 89 L.eEd. 1252.]

So, if the States are united by and under the Constitution, why is it that the States have absolutely no say, as States, in the running of the Federal government? After all, the Civil War was fought over States Rights. But, the Seventeenth Amendment took away the ability of (Members of) the Union to participate in any Federal legislation, or other powers, to which the Constitution granted them authority. Originally, it was the Senate, made of two members selected by the member State legislatures that composed this body. Every act of legislation would, then, have been approved by the States, not the representatives (directly) of the People. The representatives of the States (not the people, directly) would try impeachments; and, the States, through their representatives, would provide for the “Advice and Consent” for appointments and treaties. Instead, the Seventeenth has provided for the absence of responsibility in such matters by allowing the at large election of Senators within the various states.

Judging by the number of states which have recently admitted legislation referring to the Ninth and/or Tenth Amendments, I would say that if the Seventeenth Amendment were repealed, they would not have to waste their time on such legislation, They (the Senators selected by the State legislatures, as envisioned by the Founders) would have stopped the abuses of Federal power before it ever got to the president for his signature.

Whether we are to regain the Constitutional government that is our birthright be violence, or peacefully, a good start to slowing down the progression of usurpations would be to REPEAL THE SEVENTEENTH AMENDMENT.