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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: IronChefSakai
Again, HOW can a Senator be "recalled" with or without the 17th Amendment?

Are you reading the US Constitution, or some other document?

121 posted on 05/31/2005 2:51:17 AM PDT by muawiyah (q)
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To: muawiyah

California Gov. Davis was recalled. And here is an article posted on the FR about recalling McCain. So if the people can do it, I dont see why the state legislatures couldnt.

http://www.freerepublic.com/forum/a3b25a06e60b6.htm


122 posted on 05/31/2005 6:48:29 AM PDT by IronChefSakai (Life, Liberty, and Limited Government!)
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To: muawiyah
Also, I just got done looking at my state constitution and it says:
Article VI Sec.7
"All civil officers shall hold their offices on the condition that they behave themselves while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. All civil officers elected by the people, except the Governor, the Lieutenant Governor, members of the General Assembly and judges of the courts of recored, shall be removed by the Governor for reasonable cause after due notice and full hearing, on the address of two-thirds of the Senate."
So pretty much any elected official can be removed by those who empower him.
123 posted on 05/31/2005 7:08:05 AM PDT by IronChefSakai (Life, Liberty, and Limited Government!)
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To: IronChefSakai

Gray Davis was the Governor of a state. California law allows for the recall of state officials. It has not yet become part of the US Constitution.


124 posted on 05/31/2005 7:21:23 AM PDT by muawiyah (q)
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To: IronChefSakai
Fine. Your state has recall. The United States doesn't.

Senators are picked for one term of 6 years. They then serve under the rules of the United States, not any particular state.

125 posted on 05/31/2005 7:22:35 AM PDT by muawiyah (q)
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To: Remember_Salamis
"Remember, there was a time in American history when being a state senator was more important than being a congressman."

The state reps and senators actually still have a lot of clout, at least here in Mass. They reigned in one Rep. Meehan a few years ago when he openly discussed his intention to run for Governor. Shortly after, new districts were offered which would have effectively ended his career in Congress.

If indeed Mass. does lose two seats in Congress after the next census there is going to be a lot of cowering up on Be-A-Con Hill.

126 posted on 05/31/2005 7:33:44 AM PDT by Radix (Having the best Free Republic Tag Lines since...what time is it anyhow?)
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To: Remember_Salamis

An interesting and educational thread. Thank you for posting it.

I have a question. The equal protection clause of the 14th amendment, if I understand correctly, guarantees that all are equal before the law. How else is this essential type of equality guaranteed by our Constitution? Or, was that left up to the States?


127 posted on 05/31/2005 2:08:50 PM PDT by Sam Cree (Democrats are herd animals)
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To: nicollo
Direct election did change at least one thing. In the 19th century, Senators weren't much in demand as Presidential candidates, but since the 17th Amendment almost every Senator thinks of himself as a potential President. One of the class of 1914, the first Senators elected by direct vote -- Warren G. Harding -- became president, the first candidate to move directly from the Senate into the White House.

Probably it was the second senator to do that -- John F. Kennedy -- who really started the flood, but prior to 1914 people recognized that being elected or serving as a senator wasn't especially good practice for being president. Afterwards, senatorial races were recognized as run-ups to presidential campaigns. And Senators earn their reputation from statesmanship or orator as Webster and Clay did, but from personal magnetism, vote-winning power, and getting their name on legislation that might be unnecessary or harmful.

And over time, it meant that senators came to look at things more from the point of view as potential presidents, rather than as local representatives. It didn't happen all at once, though. Through much of the 20th century, senators were still concerned mostly with local issues (segregation and military bases for Southerners, water projects for Westerners, housing and labor legislation for Easterners). Kennedy and TV had a lot to do with the change, but whether direct election was the cause of government becoming more centralized in Washington, or a result of it is something to argue about.

People are right in pointing out that direct election didn't do one important thing it was supposed to do -- eliminate corruption. But then they seem to argue that it created greater corruption and that going back would clean up the Senate. As you say, the 17th amendment transfered corruption from one sphere to another, and going back would likely simply shift it back to the state legislatures.

128 posted on 05/31/2005 3:44:56 PM PDT by x
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To: nicollo
Should have said: "And Senators don't earn their reputation from statesmanship or orator as Webster and Clay did..."
129 posted on 05/31/2005 3:48:12 PM PDT by x
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To: muawiyah
I've proposed that we set aside certain elective jobs under the condition that you get elected one time only, but you get to steal or graft all that you can get away with, and at the end of your term you are taken out and publicly executed on the steps of Congress

I have thought along the same lines but I would base the punishment on taxation and regulation. If they vote to increase either of the above they would be brought out once a month and their constituents would be able to beat them with iron rods (the size of the rods to be based on the amount of intrusion voted for.)

130 posted on 05/31/2005 3:53:58 PM PDT by Cowman (Just when you hit the bottom of the stupid hole you notice the guy next to you is digging)
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To: All
OK this is a good discussion but the problem is that the same corrupt slobs will be holding office in the corrupt states whether the state legislature has the vote or not. How about baning the vote of anyone who takes government funds or requiring that voters be taxpayers?

This way those addicted to government dollars would not be able to sell their votes to the corrupt (liberal) pols

131 posted on 05/31/2005 4:08:11 PM PDT by Gordon Pym
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To: jakkknife

MAJOR Boortz ping


132 posted on 05/31/2005 4:11:23 PM PDT by The Drowning Witch (Sono La Voce della Nazione Selvaggia)
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To: Sam Cree

Well, states had to give rights to citizens of other states, but not "equal protection".

In fact, the Bill of Rights DID NOT apply to states until the 14th Amendment. That meant that States did not have to respect your first or second amendment rights; of course, many states had constitutions that protected these rights...


133 posted on 05/31/2005 6:36:34 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: Gordon Pym

The fact is that they WON'T be the same slobs. Beyond being beholden to the state legislature, MANY states would flip flop sides.

We would lose 8 seats in LA, MS, AL, CO, and ME but pick up 8 seats in ND, SD, MI, IN, WI.

There will be other flip-flops as well, but those are some of the key ones.

RINOs would tend to die out in the Senate as well because most of them come from states with democratic legislatures.


134 posted on 05/31/2005 6:48:47 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

I enjoyed this thread and all of the comments. Very thought provoking and informative.

Thanks.


135 posted on 05/31/2005 6:55:13 PM PDT by planekT (Go DeLay, Go!)
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To: Gordon Pym; All
Breakdown by State Legislatures

It kind of redefines where battleground states are huh? Oregon, Nevada, Montana, Oklahoma, Tennessee, Kentucky, Minnesota, Iowa, New York, and Delaware. There are also some close states, such as Colorado (The Dems have a +1 majority).

136 posted on 05/31/2005 6:57:59 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
In fact, the Bill of Rights DID NOT apply to states until the 14th Amendment

Commonly held myth. Totally untrue. Some of the rights enumerated in the BOR couldn't have applied to the fed at the time. For example, there were no civil suits of common law at the federal level, at the time the BOR was ratified, however the VII Amendment is about nothing other than suits at common law valued over $20.

137 posted on 05/31/2005 8:52:22 PM PDT by Melas
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To: Melas

Of COURSE not the ENTIRE BOR! some of the BOR was specifically adressed to states. But like post 133 said, the 1st and second amendments ONLY applied to the Feds.


138 posted on 06/01/2005 1:39:53 AM 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: FreedomFarmer
Now a Senator need only casually visits the state he lays claim to, and has no reason to act in its behalf, except to buy votes.

That about sums things up here in ND, IMHO. I'd be thrilled to see the 17th go the way of the dodo.

139 posted on 06/01/2005 1:52:17 AM PDT by Smokin' Joe (Grant no power to government you would not want your worst enemies to wield against you.)
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To: Remember_Salamis
The fact is that they WON'T be the same slobs. Beyond being beholden to the state legislature, MANY states would flip flop sides.

I seriously doubt the situation would improve here in MA. If the state legislature had the power to appoint Senators the position would become one of political payoff much like the members of the Turnpike Commission. Granted, I don't see us doing much worse than Kerridy (the only difference between the two is that one had to marry his money.) At least there is some direct accountability to the people. I happen to like Gordon Pym's proposal that people who receive government largess not be able to vote. That would stop government from being a channel from my pocket to theirs.

140 posted on 06/01/2005 5:00:27 AM PDT by Cowman (Just when you hit the bottom of the stupid hole you notice the guy next to you is digging)
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