State Sovereignty - The 17^th Amendment

 

Amendment 17 – Senators Elected by Popular Vote. Ratified 4/8/1913   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.   --Constitution of the United States of America

 
 
The Framers of the Constitution created an awesome system of checks and balances.  Not only did they create the three branches of government to check each other, but they also created checks and balances within the branches themselves.  Within the legislative branch, that check and balance was established by creating an upper house to represent the states and the lower house to represent the people.
 
The framers of the Constitution and the founding fathers totally distrusted “that far away government.”  (While geographically the distance to our current government may not be so great, comparatively, Washington, DC may be even more “far away” than even King George was to the colonists of 1775.)  Consequently, not only did they create a system of government that would be local and responsive to the people, but they also created a system of checks and balances that would allow for a strong federal government that could be brought under the authority of the people.
 
Our founding fathers and framers of the Constitution knew the dangers of a powerful, centralized government.  The abuses suffered under the King of England and as well as an understanding of the fall of the Roman Empire influenced those men to design a Constitution of the United States of America that would protect the citizens from the evils of an overarching, overreaching government.
 
Tragically, the 17^th Amendment totally destroyed the check and balance of state representation.  With its addition to the Constitution, it shredded the very fabric of protection previously imposed by the states by allowing for centralization and putting extreme power in to the hands of the federal government.
 
 
Brief History
 
I can’t stress enough the importance of understanding that we nearly did not have a Constitution or a “Union of States” because of the initial lack of ability for the individual states to be able to protect their state interests or those of their residents.
 
In 1787, the Articles of Confederation had been summarily dismissed.  The Articles were not working to provide a premise for the several states to maintain a union.  There was fighting and bickering between the states.  There were even states charging other states taxes, duties and excises.  The confederation was crumbling quickly.
 
The constitution that James Madison proposed was a great foundation, but it did not provide for equal representation of the states.  In particular, the smaller states such as Delaware and Rhode Island, because of their small population, would never have a true voice in the federal government.
 
Because the Articles of Confederation were no longer in affect and the Constitution in its presented state could not be agreed too, we nearly became a continent of separate countries/states much like the Soviet Union. 
 
It
 

Article 1, Section 3, Claus 1 & 2 – The Senate.   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.

 
Prior to the 17^th Amendment, federal senators were elected by the state legislature, which meant that the states had true representation within the federal government.
 
 
 

 

 
Provisions of protecting these United States of America will be provided in a separate article.  The purpose here is simply to illustrate the important of Senators once again representing state interests.)
 
In Part 2 we had the fiscal discussion about maintaining the standing army.  A discussion about how the military was provided for, constitutionally.  It is important to understand how the framers designed our Constitution in regards to the military and why.
 
One of the most misunderstood “Powers of Congress” is the “Declaration of War” clause and the reason for it, especially since it hasn’t been used since WWII.
 
 

Article 1, Section 8, Clauses 11-16 - Powers of Congress.   To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;   To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;   To provide and maintain a Navy;   To make Rules for the Government and Regulation of the land and naval Forces;   To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;   To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;   --Constitution of the United States of America

 
 
In order to further understand the importance of senators being elected by the state legislature, one of the most important powers of Congress that must be understood is the power to protect the United States and to declare war.
 
Because of the abuses that our founding fathers suffered under Mother England and further because of their understanding of history and the world around them, the framers of the Constitution set up a system in the Constitution where by the United States of America could be protected; YET… we wouldn’t have to worry about a central government becoming too powerful and using the military to enforce its will upon its own people.
 
The fact that senators were representing their state, not the people of the state, is vitally important to the understanding of the Declaration of War for two primary reasons:  1) Up until the World Wars, it was the state’s responsibility to maintain the militia: those who would be called upon to create the federal army.  2)  It was the state’s responsibility to provide for the “appropriations of money” to raise and support the army for which appropriations were not to be any longer than two years.
 
Justifiably, the framers of the Constitution did not trust that “the people” would fully understand the importance of state sovereignty/governance.  That’s why they ensured that all decisions (laws) created in the House of Representative (representing the people) would be filtered through the Senate (representing state rights and responsibilities).
 
On a daily basis, we are witnessing the manifestation of the very fears of our founding fathers and constitutional framers – that those in power would misuse the military might of the country as had been demonstrated throughout the history of the world.  While there is nothing in the Constitution that would prohibit the assistance of foreign countries with military support, THERE IS NO PROVISION FOR THE UNITED STATES TO BECOME THE POLICE FORCE OF THE WORLD.
 
Here’s a question:  If Congress has the power to “declare” war, does Congress have the power to “undeclare” war?  Just so you don’t have to ponder too long, the answer to that question is yes!  But how is this power provided by the Constitution?
 
As mentioned above, an important “Power of Congress” is providing for the appropriation of moneys to raise and support an army.  The Constitution also provided for a mechanism to “UN-Declare” the war, and that was to end the appropriations of money for that purpose.
 
When Congress executes its constitutional duty of ending the appropriations, it is then the constitutional duty of the President, the Commander in Chief, to end the war and bring our men and women back home and return them back to the control of the states as originally intended.
 
Now, before you even have a chance to respond about how important it is to maintain a standing army because you have to have it properly trained, the Constitution provided for this as well.  Like I said, you need to read ALL of section eight to properly understand how it USED TO WORK.  It was also the Congress’ responsibility to:
 

“provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; “

 
This means that there was a shared responsibility between the state and federal government for maintaining the militia.
 
Interestingly, this clause also states VERY emphatically that the states are SOLELY responsible for the appointment of officers.  Again, this was to ensure where one’s loyalty lay.  It is supposed to be to the states, not the federal government.  There is absolutely no provision for the federal government to appoint/promote officers within the military.  Yet, how many of you who were in the military have an “appointment warrant” hanging on your wall signed by the President of the United States; obviously representing the federal government?

Finally, consider this. With the advent of the 17^th Amendment, there is no longer a need for senators, since they now represent the same constituency as the congressmen.  Think about it.  The ONLY reason we had a division in the first place is that congressmen would represent the people and senators would represented the state.  That division is no longer applicable.  Since that it true, just imagine how much money we could save by eliminating this unneeded excess.
 
Which actually brings up another aside:  Most, if not all, state government is based on the same legislative division as that within the federal government.  What a waste.  Just like the federal government, we have senators and representatives representing exactly the same constituency.  Now if Senators were elected by the county boards as county representatives, maybe.  But since both are elected by “the People” what’s the difference in their representation.
 
Bottom Line
 
There truly is a need for Senators to be elected by the state legislatures.
 

·         If we are ever going to see a constitutional restoration, the 17^th Amendment is going to have to be repealed.

 

·         If we are ever going to see a constitutional system of taxation and the 16^th Amendment Repealed, the 17^th Amendment is going to have to be repealed first.

 

·         If we are ever going to see government whittled down to its constitutionally mandated size, the 17^th Amendment is going to have to be repealed.

 

·         If we want to stem the tide of globalization and illegal immigration, the 17^th Amendment is going to have to be repealed.

 
I am fearful of the road these United States of America are traveling down.  Congressional duties are being handed over to international entities through treaties and agreements such as CAFTA, NAFTA, and the North American Union.
 
We must see to a Constitutional restoration of Congressional duties.
 
 
In the final article on “State Sovereignty – Summary” I will be tying all the pieces together and providing some suggestions for action.
 
 

 

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