Posted on 05/06/2009 2:28:07 AM PDT by Tolerance Sucks Rocks
The States still have the power and the means to bring the Federal Government into compliance with the intent of the Founders, but to do so they must be willing to kill the Sacred Cow of American politics - democracy.
Mostly unheralded and unknown, the Founding Fathers feared and rejected it.
Examination of Farrand's Records, (The minutes and journal of the 1787 convention) clearly reveals the Founders' intent. For instance:
Gerry, "The evils we experience (in the confederation) flow from an excess of democracy."
Madison describing Randolph: "the General Object (of the Convention) was to find a cure for the evils under which the U.S. laboured; that in tracing these evils to their origin every man had found it in the turbulence and follies of democracy."
Writing in Humanitas, Vol IX, No 2, C. H. Hoebeke, correctly describes the attitude and objective of the delegates as, "Having in the short span of eleven years experienced the violent swing of the political pendulum from abusive monarchy to abusive majoritarianism, and in the process discovered that life, liberty, and property were no more secure under the latter than they had been under the former, the Constitution's framers saw the will of the people as a force to be restrained and refined, not unleashed and encouraged."
Their only concession to election by the people is the House of Representatives.
Election of the President would be by a slate of electors appointed by the State Legislatures, two steps removed from popular election.
The Senate was to be the lynchpin of our protection. The Senators, appointed by the State Legislatures would be a body of deliberative Statesmen, our guardians, immune to the whims of popular causes. In Farrand's Records, we find:
Madison: "It (the Senate) would keep up the balance and restrain, if possible, the fury of Democracy."
Randolph: "The object of this 2nd branch (Senate) is to control the democratic branch of the National Legislature."
In Federalist No. 63, (author unknown) believed to be Hamilton or Madison, in reference to the Senate, wrote, ". . . .there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind?"
As perfect as the Constitution was, there was a weak link, the poison pill of democracy lurked in the future. All of the State Legislatures were and still are products of democracy, popular election. This would prove to be our undoing. When the Populists mounted a campaign to undo what the Founding Fathers had done, they exploited this point of vulnerability.
Starting in the 1820s, massive public campaigns convinced the State Legislators, dependent on the people for reelection, to delegate their power to appoint the Presidential electors to popular election by the people. This prompted Alexis de Tocqueville to remark that the "American republics will be obliged more frequently to introduce the plan of election by an elected body into their system of representation, or run the risk of perishing miserably on the shoals of democracy."
Later in the 19th Century, the Populists manipulated the appointment process of Senators into a state of near chaos. In 1913 a new batch of legislators dependent on the people for reelection bowed once again to popular demand and turned the selection of Senators over to popular election when they ratified the 17th Amendment.
It didn't happen instantly, but over the span of a few years the allegiance of the Senators shifted to the Washington power structure and there is where it resides to this day.
The transition was complete. The nation became and still is a democracy, exactly what the Founding Fathers tried to prevent. What we have, the outward cause of the Tea Parties and Sovereignty Resolutions, is exactly what they wanted to thwart and should be proof enough of their wisdom,
The State Legislatures must do three things to turn this around and they are the only ones who can do it.
1. Take back the power to appoint the Presidential electors. A majority vote in the legislature is all it will take to cancel the popular presidential elections, primary and general. It should be done now but with a delayed effective date - no earlier than February 1, 2013 to show it is not directed at the incumbent.
2. The Legislatures must come together as a cohesive unit to draft the amendment necessary to repeal the 17th Amendment. As a united group they send it to Congress with a request to enact and return it to the States for ratification. If Congress fails to or refuses to act, go to court, contending that submittal of an identical amendment by more than three fourths of the States constitutes a de facto ratification. Therefore, the court should order the Archives to accept and process it as such. The Populist lawyers will say this is not possible, because the States will not have standing to support the action. This, however, will not be a problem. Standing is virtually assured.
3. Immediately do whatever is necessary within each State to restructure the Legislature to be in line with the original configuration of Congress. House of Representatives? Popular election. The Senates? Each County will have one Senator who is appointed by the County Commission. The purpose of this is three fold.
First: It demonstrates their willingness to do for themselves what they demand of Congress.
Second: It affords their citizens a higher degree of protection from them. Congress does not have an exclusive on legislative tyranny.
Third: It helps prevent the same mistake by future legislators.
This will do it if the State Legislatures have the backbone and determination to see it through. Otherwise, the rocky "shoals of democracy" await us.
Our governor is too busy kissing liberal butts to worry about it now!
Bookmark. Looks good. Gotta go to work.
“I believe obamarama would order the US Military to confront any state that might seriously challenge his authority. Hopefully our Military leaders would not honor his order.”
Instead, I beleive a strong chance the men in uniform will realize the illegitimacy of the present govt. and could influence any order Zero makes.
BFL
Might happen in a few states, in part, but that's all.
America -- a great idea, didn't last.
Well, here we are.
The Senates? Each County will have one Senator who is appointed by the County Commission. The purpose of this is three fold.
___________________________________________
This is state senate, right ???
In TN we have 33 state senators...
However we have 95 counties....
95 state senators ??? 3 times the cost ???
That would be a hard sell...
There are two problems with this proposal. A claim from two-thirds of the states that a request for a particular amendment is the same of a normal proposal of an amendment, is defeated by the express language of the Fifth Amendment. No Court is going to accept that argument. However, the legislatures DO have the power to switch back to direct appointment of Electoral College members. But the big money interests who currently buy and sell US Senators could buy and sell state legislators by the dozen.
Congressman Billybob
Latest article, "Homeland Security's Unsecure Secretary"
Latest article, "Ben Franklin (Congressman Billybob) at Knoxville Tea Party"
He didn’t supply one. You can send him an email at the address in Reply #2 to see if he has a web page.
There is also a Yahoo group called Repeal the 17th Amendment if you want to join. That is where the article was submitted in the first place.
Think of Texas: that state has 254 counties. It’s quite possible that Tennessee and Texas could have state Senators appointed some other way. For example, Texas has 20 Councils of (local) Governments, so these councils could appoint 2 Senators apiece, giving Texas 40 Senators instead of 254. Tennessee could do something similar, if it has Councils of Governments.
I looked it up, and discovered that Texas actually has 24 regional Councils of Governments. The idea would be that all the county commissioners of the various counties in each region would get together as one body and appoint their two state Senators. That’s how I imagine it happening, anyhow. So Texas would have 48 state Senators representing the combined county governments of 24 regions.
Hopefully our Military leaders would not honor his order.
____________
They wouldn’t. Officers are not sworn to obey the CIC. They are sworn to defend the Constitution.
Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.
I've stopped scouring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.
Additional Resources:
Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Find Law(Brief narrative on 10th Amendment)
| CLICK HERE TO FIND YOUR STATE REPRESENTATIVES |
Thank you so much for the ping... They definitely need to make a line in the sand (standing on the 10th Amendment). And THEN they need to pass more “repeal/reinstatement” of rights laws as was just done in Montana.
Another good place to work through is strong legislation or restoration of rights in regards to other items of commerce, and overstepping federal regulations — like agriculture (especially their plans to hurt gardeners, family, hobby and organic farming in this country), and limit food sources of the public by effectively shutting down farmer’s markets and road-side stands due to oppressive unnecessary regulations...
JMHO, on all of this. It’s the best way to reassert some of our power as WE THE PEOPLE of this nation — through our states... Others will follow examples set as well, I am SURE of it due to the sheer number of laws the states “must answer to” in regards to the Federal Gov’t. It’s good “direct action” that can also be supported by the grassroots members of the Tea Party Movement! (Hint, Hint! lOL)
bfl
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.