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Lawmaker believes Legislature should select U.S. senators
The Verde Independent ^ | February 9, 2010 | Howard Fischer

Posted on 02/10/2010 12:10:30 PM PST by Tolerance Sucks Rocks

PHOENIX -- A freshman Southern Arizona lawmaker is leading the effort to strip Arizona voters of the right to nominate U.S. senators.

The proposal by Rep. David Stevens, R-Sierra Vista, would give that right to the elected legislators from each party. Only after that process is complete would voters get a say, in the general election, who they actually want to send to Washington.

Stevens said his measure, if approved by Arizona voters in November, would be a partial return to the way things were before the 17th Amendment to the U.S. Constitution was adopted.

Until then, each state legislature actually got to choose its U.S. senators, with voters allowed only to pick only the folks going to the House of Representatives. The 1913 amendment requires direct election of all members of Congress.

Stevens said that amendment was a mistake. He said the old system ensured that senators were responsive to the desires of state lawmakers.

"The state is supreme over the federal government,' he said. "And when they weren't doing what we thought they should be doing, we could recall them at any time.'

With direct election, Stevens said, federal senators are less interested in protecting the rights of the states and more interested in looking out for the powers of the federal government.

"It takes away the ability of the state to negotiate with the federal government,' he said.

Unable to repeal the 17th Amendment, Stevens is trying the next best thing: changing the nominating process.

He said HCR 2046 would not run afoul of the U.S. Constitution because it does preserve the direct election of senators as required. He said nothing in that amendment spells out the nominating process for those candidates, which is what he wants to change.

Because his plan requires voter approval, nothing in his measure would affect this year's Republican primary battle involving incumbent John McCain and challengers J.D. Hayworth and Chris Simcox.

Stevens said, though, there might be an entirely different political landscape if McCain, Hayworth and Simcox were busy battling for the support of the 35 House Republicans and 18 GOP senators rather than seeing who can corral more popular votes at the primary in August.

In fact, he said it is possible that someone like Hayworth, whose campaign warchest is going to be dwarfed by McCain, actually might have a better chance of becoming the party's nominee.

"He would have to come down and, basically, campaign us,' Stevens said.

Stevens said he believes he can sell voters on the idea of giving up their right to nominate their U.S. senators.

"I'll ask them if they feel like they're being served by their senators,' Stevens said.

"And I can pretty much tell you what they're answer is going to be, that is 'no,' ' he continued. Stevens added, though, he said he's not just talking about Arizona but the situation nationwide.

The plan will get no backing from McCain.

"Senator McCain believes all elections, primary and general, should be decided by the people, as stated in the Constitution,' said aide Brooke Buchanan.

Hayworth said he is sympathetic to what Stevens is trying to do.

"I believe in states' rights,' he said. But Hayworth said he can't support this specific measure.

"Right now I just think it's important for the people to decide' who are their Arizona senators.

And Simcox said he's not sure if such a change would make the process better.

On one hand, he said the measure might help candidates like himself who he contends are more committed to the principles of the party and less to being loyal to those who control the party structure. But Simcox said he also can foresee a way that this system also can be co-opted by the party leadership.

The measure does have an escape clause for recognized parties that don't happen to have any members in the Arizona Legislature: Their U.S. Senate nominees would continue to be chosen the way they are now through a primary race.

Stevens said even if he gets his wish and the nominating process is changed, it still might be difficult for Arizona lawmakers to keep their federal senators' feet to the fire. That goes back to the 17th Amendment and that federal requirement for direct election.

"Once they get elected to their six years, we (legislators) don't have the ability to call them back,' Stevens said.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Arizona
KEYWORDS: 10thamendment; 17thamendment; arizona; az; chrissimcox; davidstevens; elections; fail; jdhayworth; johnmccain; legislators; primaries; senators; sovereignty; statesrights
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1 posted on 02/10/2010 12:10:31 PM PST by Tolerance Sucks Rocks
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To: Tolerance Sucks Rocks

I agree with this proposal.


2 posted on 02/10/2010 12:12:34 PM PST by mick (Central Banker Capitalism is NOT Free Enterprise)
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To: Tolerance Sucks Rocks
1913 the year of the:

IRS

FEDERAL RESERVE

Direct election of Senators

Time to turn back the clock..and stop those Progressives.

3 posted on 02/10/2010 12:13:03 PM PST by Nat Turner (Escaped from NY in 1983 and not ever going back....)
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To: Tolerance Sucks Rocks

I believe the 17th amendment was a big mistake..if US Senators were beholden to the state legislatures..we wouldn’t have such runaway federal government..imho..


4 posted on 02/10/2010 12:13:53 PM PST by BerniesFriend (Sarah Palin-"Lord knows she's attractive" says bitter Andrea Mitchell and the rest of the MSM)
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To: Tolerance Sucks Rocks

The 17th Amendment was a huge mistake and it should be repealed.


5 posted on 02/10/2010 12:14:09 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Tolerance Sucks Rocks

I believe electoral college votes should be split by the number of districts won with the two extra votes going to the overall winner. No more winner take all. Imagine democrats only picking up 28 votes in CA instead of 40.


6 posted on 02/10/2010 12:14:15 PM PST by CriticalJ
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To: Tolerance Sucks Rocks

Repeal the 17th bump!!

Rebellion is brewing!!


7 posted on 02/10/2010 12:14:18 PM PST by Jim Robinson (JUST VOTE THEM OUT! teapartyexpress.org)
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To: Tolerance Sucks Rocks

The founders of this great nation had it right the first time.


8 posted on 02/10/2010 12:14:49 PM PST by dainbramaged (If you want a friend, get a dog.)
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To: Nat Turner

Cal is screwed either way. Look at what we have already elected.


9 posted on 02/10/2010 12:14:50 PM PST by votemout
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To: Tolerance Sucks Rocks
And when they weren't doing what we thought they should be doing, we could recall them at any time.

Incorrect. Senators were chosen by their state legislatures for a 6 year term. Legislatures could not recall them at will.

10 posted on 02/10/2010 12:14:55 PM PST by Publius
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To: Jim Robinson

Agree Jim !!


11 posted on 02/10/2010 12:15:02 PM PST by mick (Central Banker Capitalism is NOT Free Enterprise)
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To: Tolerance Sucks Rocks
1913 the year of the:

IRS

FEDERAL RESERVE

Direct election of Senators

Time to turn back the clock..and stop those Progressives.

12 posted on 02/10/2010 12:15:08 PM PST by Nat Turner (Escaped from NY in 1983 and not ever going back....)
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To: Jim Robinson
I agree. The 17th amendment is one of the factors that turned state government into mere provincial administrations, subservient to the Federal government. That's the reverse of the principle of keeping governmental power as localized and accountable as possible.

Notice the bias in how they portray it as an attempt to strip voters of their rights? As if federal government under the current setup wasn't doing that on a vast scale already.

13 posted on 02/10/2010 12:16:28 PM PST by Liberty1970 (http://www.caringbridge.org/visit/lydiablievernicht)
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To: Publius

The legisl00tures could, apparently, successfully pressure the Sinators to resign, however. (Yes, I spelled it that way on purpose.)


14 posted on 02/10/2010 12:16:51 PM PST by Tolerance Sucks Rocks (I am Ellie Light.)
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To: votemout

At this point I am all in favor of political triage. Cut their star out of the flag and reduce them to territory status till they can get their s*it together. If they cannot get it together auction their land off to other states.


15 posted on 02/10/2010 12:17:18 PM PST by Nat Turner (Escaped from NY in 1983 and not ever going back....)
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To: Tolerance Sucks Rocks
I'm in favor of changing the election method to along the lines of the German Bundesrat... give each state government the power to appoint Senators with instructions to represent the wishes of the states in Congress. It would keep Senators more in touch with what happens in their state capitals and the Senate wouldn't be worse than it is today.

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

16 posted on 02/10/2010 12:18:20 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Nat Turner
"1913 the year of the:..."

I agree, absolutely. That year, along 1935 (Social Security Act), was one of the biggest reasons that liberty lost it's primacy to federal rule. It was a HUGE mistake which of course is never spoken about in our public schools. I would wager less than 1% of the graduating seniors in public school even are aware that US Senators were once elected by the state's respective legislatures, to say nothing of why it was a good idea then, and now.

17 posted on 02/10/2010 12:18:23 PM PST by OldDeckHand
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To: Tolerance Sucks Rocks
Not exactly. The men chosen as senators were part of the state's political establishment and were good at reading the tea leaves. Legislatures did not need to pass resolutions to "instruct" a senator how to vote, although some did. A guy didn't get to be senator without understanding how his state's politics worked.

There was no need to pressure a senator to resign. If he wasn't welcome anymore, he would know it without being told.

18 posted on 02/10/2010 12:19:54 PM PST by Publius
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To: Tolerance Sucks Rocks
From our America's Independent Party Platform:

Repeal of the Sixteenth and Seventeenth Amendments

We consider the federal income tax to be destructive of our liberty, privacy, and prosperity. Therefore, we are working to bring about its complete elimination and the repeal of the Sixteenth Amendment to the U.S. Constitution. We recommend that the current system be replaced by an equitable, simple, noninvasive, visible, efficient tax, one that does not destroy or even infringe upon our economic privacy and liberty.

We also call for the repeal of the Seventeenth Amendment. Its enactment greatly reduced the power of our state legislatures and state governments – which are much closer to the people – and damaged our system of federalism.

19 posted on 02/10/2010 12:25:01 PM PST by EternalVigilance (Law is too important to be left to the lawyers.)
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To: Tolerance Sucks Rocks

I think that’s a excellent way to undo the damage of the 17th.


20 posted on 02/10/2010 12:29:48 PM PST by bvw
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