Repeal the Seventeenth Amendment

May 17, 2005 | Thomas J. DiLorenzo

[AntiBurr]

"The Virginia and Kentucky Resolves of 1798 (see William Watkins, Reclaiming the American Revolution) were the work of state legislatures that instructed their senators to oppose the Sedition Act, which essentially made it illegal to criticize the federal government. "

Technically this is correct however, The Virginia Reslolves were written by Madison and the Kentucky Resolutions were written by Jefferson who was out of government completely at the time. The Alien and Sedition Acts were typical of what was done at a later time in the name of "crisis". The Emergency Powers Act of 1933 saddled us with the Executive Order form of government which is nowhere listed in the Constitution. Essentially, it granted Emergency Powers to the President, (FDR) which are still in use today.
At least the Alien and Sedition Acts had a "sunset clause" and they became automatically void on March 4, 1801. The day that Jefferson was sworn in as President.

[muawiyah]

The Souf' should have thought about that before firing on Fort Sumter. Next time I'm sure you will. In the meantime the 14th Amendment is in place ~ although it is frequently misread.

[Sam Cree]

Read later

[Remember_Salamis]

There's already a bill pending, with it's most prominent supporter being Tom DeLay.

[AntiBurr]

"If you have a legislature vote for a Senator, the only difference between that and having everybody in the state vote for a Senator is the number of voters!"

The difference is that the state legislatures were more responsive to the voters of their respective states. If a U.S. Senator did not represent his state, the state legislature could and did remove him. An example: Jim Lane of Kansas was removed as Senator during the Cvil War and wound up committing suicide rather than face prosecution.

[Remember_Salamis]

DiLorenzo's point is that the 16th wouldn't have meant anything if there was a TRUE SENATE there to block the growth of government.

[muawiyah]

Wonder what they did with their Senators in Arkansas when they ran two completely separate State governments during the Civil War?

[AntiBurr]

"Thank you UNRATIFIED 14th Amendment!"

Or at least illegally ratified 14th. That's when they learned to load the dice.

[muawiyah]

I forgot to remember when it was that the Senate ever served to block the growth of government.

Maybe someone else remembers that.

[IronChefSakai]

Oh really? That's great. I just got done emailing 3 of my US reps and plan on doing it to the remaining 16. Do you know how it is going or have a link where i can read more about this?

[Remember_Salamis]

The same Fort Sumter that was reinforced by the Union to facilitate tax collection in South Carolina? That Fort Sumter?

[AntiBurr]

The Federal Reserve Act was brought up, and voted on on Christmas Eve when the majority of legislators were absent. Since we have no statement in the Constitution of a required Quorum, they can do that. It was signed into law before anyone knew about it. It had been voted down 3 times previously by the full house.

[Remember_Salamis]

They helped slow the growth of government from 1789 - 1913.

[muawiyah]

Nothing wrong with the collection of taxes.

Now if you are talking about the federal income tax, another poster noted that it was pasted into the Constitution to assuage the sensibility of Southerners who were getting darned tired of direct taxation on imports ~ inasmuch as they imported almost everything they used (except cotton).

If taxes were the issue, you boys sure got even with everybody. Now go pray to God that he might forgive you someday!

[muawiyah]

They did? Give me some examples. Betcha' one of them will be the Runaway Slave Act that initiated an unfunded mandate on the states to prosecute people for an unjust federal law that had no Constitutional underpinnings.

[dufekin]

I propose this:

"The Senate shall receive appropriation bills passed by the House, to which it may not add to new or existing appropriations; however, the Senate may reject or reduce any specific appropriation made in the House bill. After the Senate passes the bill (after deleting or reducing objectionable appropriations), it shall go before the President, who may sign it, veto it, or veto certain enumerated appropriations and sign the remainder.

In any case that he may think proper, the President may choose not to spend any appropriations signed into law, but to retain the money in the federal Treasury and to inform Congress of his actions within nine months after signing the appropriation bill. By a two-thirds vote of both Houses, the Congress may demand that the President spend the money so returned in the manner originally appropriated.

[Thoro]

One of my favorite essays on the subject by a Freeper:

http://www.freerepublic.com/focus/fr/619597/posts

As much as I would like to see the 17th ammendment repealed, I unfortunately realize that the electorate is too ignorant of history to appreciate why it should be. It's depressing in a way.

If it did manage to gain any traction, I can already hear the Reid and Hillary types decrying it as a "destruction of democracy!", and neither the senators nor the people recognizing the irony of such a statement.

[muawiyah]

Too complex. Unenforceable. Creates unanticipated and unfathomable conflicts in the separate powers.

I still think single term Senate seats would do more good than anything fancy.

[Remember_Salamis]

it was S.J.R. 25 in the 108th, but I don't know what it is now...

[AntiBurr]

Wasn't aware that Arkansas did that. Missouri's governor and lt.governor went south and the bill of secession never received a vote. The senators remained in Washington but there was never an election or appointment of legislators to the Confederacy. The Blair family was the power in Union Missouri at the time. Frank P Blair, Union general was part of it.

Arkansas passed an ordnance of secession.