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Repeal the Seventeenth Amendment
May 17, 2005 | Thomas J. DiLorenzo

Posted on 05/30/2005 5:58:31 PM PDT by Remember_Salamis

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To: AEMILIUS PAULUS

Even the Socialists in the Cali Legislature would appoint somebody to protect California Socialists (and Californians in general). It doesn't change the basic dynamic.

Also, If the legislature had the power to appoint senators, it would garner FAR MORE attention during elections. Most people don't know who their state reps are (I guess most people don't know who their congressman is either, but that's besides the point). The hundreds of millions of dollars that get poured into senate campaigns would be redirected towards legislature races, giving candidates greater exposure to the voter.


101 posted on 05/30/2005 8:02:39 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: muawiyah
"The US had many of the same problems with Senators before the 17th that it had after the 17th."

The state legislatures were able to recall the Senators. Now, one has to wait 6 years. That's one of the benefits of repeal.

Secondly, it makes it somewhat harder for New York or California to foist their crap on other states who want no part of said crap.

102 posted on 05/30/2005 8:07:23 PM PDT by Tench_Coxe
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To: Remember_Salamis; x

Maybe, just maybe, democracy can and does work. The question before us -- which you ignore -- is whether it would better work without the 17th amendment than with it, and not whether or not the Republic died in 1861, or 1912 or 1913.

Not to be subtle or anything, but there's a bit more to the workings of federalism than the direct election of the Senate.

Democracy has not been served by the 17th amendment precisely for opposite reasons than DiLorenzo suggests. The 17th amendment has negated democracy in destroying the constituents' relationship to both the state legislature and the Senators, who are further removed from the voter by the severe dilution of the direct election over the State legislature's more direct relation to the constituent.

x, I know you feel that the 17th didn't change much. Indeed, in the makeup of the Senate post-17th, little changed. (Go Boies Penrose!). Still, it failed in its purposes. I see no gains in it other than a transfer of corruption. In the diluted role of the citzen in transfering the Senate selection from local/representative to state-wide referendum, I see far more lost than gained. I still hope to convince you of this. Thanks, btw, for your good post.


103 posted on 05/30/2005 8:08:50 PM PDT by nicollo (All economics are politics.)
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To: RasterMaster

Not really; wouldn't guys like Travanglini and Berry appoint themselves?

In a 1-party state like Mass, the dems would attack each other for a chance to go to the "big show".

There's nothing that a socialist hates more than a socialist of a different stripe.


104 posted on 05/30/2005 8:09:53 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: nicollo; x

A fact is a fact. Post-17th, the States DO NOT have representation at the federal level.

The U.S. system of checks and balances, carefully designed by our founging fathers, is no more. Due to our piss-poor public schools, most Americans understand "checks and balances" as the relationship between the three branches of federal government. However, it was also designed to allow for peripheral government, i.e. the States, to check Federal Power.

THIS SYSTEM IS NOW GONE.


105 posted on 05/30/2005 8:13:34 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: mmercier
The "citizens" here (Mass) gave the nation Kerry and Kennedy, I shudder to think of who the inbred elite nitwits in our legislature would deliver.

Hopefully, they'll give us two ineffectual lightweights like J F'ing Kerrey. Teddy 'the swimmer' Kennedy has done a lot of damage.

106 posted on 05/30/2005 8:24:33 PM PDT by slowhandluke (Freedom is worth the risks.)
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To: AntiBurr
"Since we have no statement in the Constitution of a required Quorum,..."

I thought that the Quorum requirement was in the US Constitution,
Article One, Section Five - Membership, quorum, ajournments, rules; Power to punish or expel; the Journal.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Seems as if the Quorum requirement is both defined and mandated by the US Federal Constitution...

dvwjr

107 posted on 05/30/2005 8:33:29 PM PDT by dvwjr
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To: dvwjr
fine, if the supreme court refuses to accept that these amendments were unconstitutionally approved... then I suggest we pass another amendment using the same tactic....

I purpose that the republican senate eject all the democratic senators in the senate and dissolve their current state legislatures, then replace them with hand picked republicans who will vote to ratify my new amendment which bans abortion...
108 posted on 05/30/2005 8:45:59 PM PDT by Nyboe ( if rich democrats really want the rich to be taxed more ... then by all means TAX RICH DEMOCRATS)
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To: muawiyah
Imagine New Jersey ~ is the legislature better equipped than the general public in that horrid spot to screw up electing a Senator?

It is a hard call. However, you probably wouldn't get the free-wheeling, owes nothing to nobody, rich SOBs that we currently have in office. The state party machines would likely put in well-controlled puppets. The parties have much longer memories than do the voters. We'd probably get something like Deborah Poritz, but held on a short leash; wildly liberal, but not allowed to do more than dabble in her personal interests rather than NJ state interests. The state legislature could always divert blame to the Senator, and run on the basis of recalling said Senator. Since there's so much blame to go around here, the Senators would probably have to watch their step much closer.

As repugnant as it appears at first glance, I think repeal of the 17th would improve things, even in NJ.

109 posted on 05/30/2005 8:50:42 PM PDT by slowhandluke (Freedom is worth the risks.)
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To: savedbygrace

I beg to differ. While the senators do want more money for their state, they are currently not accountable to their state. If my senator Santorum doesnt want to do what the state legislature asks him to do, there is no reprimand. By repealing the 17th, senators can be recalled by the state if they are not doing the will of the state. Also since senate races are usually the most costly in terms of lobbyists and all of the campaign money finance regulations and other garbage that goes on, having states select senators would drastically reduce corruption. IMHO a representative democracy is more corrupt than a representative republic because the elected/selected individuals are held accountable to more than just one constituent (ie. the people). So i'd have to say while you are correct in saying that states would like the extra money, the added accountablility would make senators more responsive to their state rather than self interest.


110 posted on 05/30/2005 8:51:02 PM PDT by IronChefSakai (Life, Liberty, and Limited Government!)
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To: Remember_Salamis
Over the years, I have had about three threads that discuss this topic, and I think they are all interlinked on this thread entitled Seventeenth Amendment --Structural Error, Thread Two
111 posted on 05/30/2005 8:59:10 PM PDT by KC Burke (Men of intemperate minds can never be free....)
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To: Remember_Salamis
It doesn't matter. The New Jersey legislature will appoint whomever will look out for the New Jersey legislature.

Which is far better than having Lautenberg lookout for his own corporation, or Corzine riding his hobby horses and then getting tired of the job part way through.

112 posted on 05/30/2005 8:59:49 PM PDT by slowhandluke (Freedom is worth the risks.)
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To: IronChefSakai

Repealing the 17th would also get rid of the Midwest Tom Daschles and Byron Dorgans of the World who are conservative at home, but liberal in D.C.


113 posted on 05/30/2005 9:01:07 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: IronChefSakai

We'll just have to disagree then.


114 posted on 05/30/2005 9:07:13 PM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: Remember_Salamis
Well put. Some people may argue that there would be no difference in the state of affairs if it were repealed but your point is just one of the many cleansing effects that would prevail. More money hungry senators would be at the mercy of the states, essentially eliminating lobbyists from the senate. Maybe the power structure would be reversed from that of a collective union of states to that of one that champions states rights over federal govt rights. Perhaps its a dream but with enough committed individuals, anything can happen.
115 posted on 05/30/2005 9:46:54 PM PDT by IronChefSakai (Life, Liberty, and Limited Government!)
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To: IronChefSakai

Another issue is the concentration of lobbyists. Under the 17th, all of the lobbyists are concetrated in one area: Washington. If it was repealed, they would be spread out among the 50 state capitals. This would make their lobbying efforts more difficult at a minimum.


116 posted on 05/30/2005 9:58:42 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: Remember_Salamis
The war was fought, said Lincoln at Gettysburg, so that "government of the people, by the people, for the people" should not perish from the earth. This of course was absurd nonsense,

Oh wait, this must be an article by DiLorenzo. Thanks for wasting my time.

117 posted on 05/30/2005 11:27:00 PM PDT by KayEyeDoubleDee (const tag& constTagPassedByReference)
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To: billbears

Seems to me I'm making a convert for the "execution" option! (ROTFLMAO)


118 posted on 05/31/2005 2:43:00 AM PDT by muawiyah (q)
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To: Tench_Coxe
Please point out where states could "recall" a senator.

What I find is the phrase ".... Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members....". In an earlier spot it refers to a term of 6 years.

No doubt someone tried it, but the Constitution of the United States simply doesn't have such procedures as far as I can tell.

119 posted on 05/31/2005 2:47:34 AM PDT by muawiyah (q)
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To: slowhandluke
Look, New Jersey didn't get worse when the 17th was adopted. It's always been that way.

Direct election simply increased the number of people eligible to vote for a Senator. Otherwise there's been absolutely no impact on anything.

120 posted on 05/31/2005 2:50:22 AM PDT by muawiyah (q)
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