Posted on 02/06/2015 1:16:27 PM PST by Jacquerie
A common solution at FreeRepublic for the ills of our nation is to just enforce the constitution we have. Elect enough Tea Party conservatives and freedom will be restored.
From the moment of our independence, the first question, as posited by Mercy Warren was “what government consistent with the Declaration of Independence can be designed by men too proud for monarchy, too poor for nobility, and it is to be feared, too selfish and avaricious for a virtuous republic?”
Republicanism was in our blood. Despite the efforts of the British Crown, all of the states had evolved from quasi-republican colonies. There was no other choice. The challenge was how to secure republican liberty in a society composed of selfish and avaricious people.
The Declaration specified two criteria for free government. It must be derived from the consent of the governed, and second, it must secure our natural rights. But, there is a natural tension between the two, for like ancient city-states, consent of the governed can be achieved via simple majority rule in a single assembly possessed of legislative, executive, and judicial powers that ignores the minority and jeopardizes their rights. The task for the framing generation was to account for both criteria such that they complimented rather than contradicted each other.
For Mercy Warren, like many freepers, the answer was found entirely in religious belief and virtue. To throw the checks of conscience aside, to let avarice and ambition rule, was to doom America to degeneracy and certain failure.
The framers of a decade later had a different take. Being practical, political men, many of whom served in the confederation congress, they rejected Mercy Warren’s reliance on religion and virtue, the “weaker springs of the human character.” In fits and starts and close calls during the summer of 1787, they developed and relied on the structure of their design to channel and direct ambition and avarice so that they would serve rather than destroy free government.
In their quest to secure liberty, the framer’s plan went far beyond the long recognized horizontal division of power into legislative, executive and judicial functions. Their keystone was the vertical separation of power in which national authority, sparingly doled out in enumerated powers, with the remainder left among the states, was enforced by a senate of the states. They did not rely on what James Madison termed “parchment barriers” alone, such as a Bill of Rights to secure liberty. With power so well divided, so chopped up as never before, they justifiably trusted the natural inclination of men to pursue their interests would prevent the accumulation of tyrannical power in just a few hands. Enforcement of what was to became the 10th Amendment wouldn’t rely on the goodwill of self-interested, popularly derived politicians, nor scotus. Security of state powers would rely on the states themselves.
The framers’ reliance on federalism, of state participation was reflected in the way the constitution was ratified, in the Article V process, electoral college and especially the senate, whose members were appointed by and responsible to, the state legislatures.
Central to understanding why the 17th Amendment must be repealed is recognition that the extensive powers granted to the new government were designed with the assumption that the states would forever participate in it, that no less than thirteen distinct republican legislatures would continually cast watchful eyes over every proceeding of congress, the president and courts. It is why the states agreed to specifically relinquish additional powers in Article I Section 10, and submit to the constitution and its pursuant laws as supreme law of the land.
It is through this gift to mankind, of a new system of confederal republican government, that relied on both the consent of the people and distinct member republics, that liberty could prosper.
History, both ancient and our own since 1913 illustrate the instability of democratic republics.
Our 102 year experiment in representative democracy is a failure. For practical purposes, Article I Section 1, which established the American Republic has been repealed. Legislative power has swirled into the hands of the executive and courts. As in ancient republics, we are doomed to acceleration of the existing anarchy, then by eventual calls for a strongman to “do something,” followed by bare-knuckled tyrannical force.
To restore the republican freedom most of us know only from history texts, the 17th Amendment must go. Since reform will not emerge from those who profit so well from our corrupt system, there is no alternative to an Article V state amendment convention to make this happen.
The state lawmakers are already aware. In some cases they try to do something about it, but most of them are fine with the arrangement.
State lawmakers, while generally better than what we see out of DC, are no paragons of virtue.
While I understand that human nature is what it is, I don't think it's fair to assume that the conditions of 1913, and the decade leading up to it, can be used to project what would happen today. Especially because we have the lessons learned from 1913 that they didn't have at the time.
-PJ
“Democracy” sells every time. It did so over a hundred years ago and sells today.
Your points are standard progressive drivel.
Did the 17th Amendment correct the problems it was supposedly designed to correct? No.
Nothing of your post refutes the purpose for which a senate of the states was designed to serve.
Yes, they're scared.
I think the 16th is the biggest stinker but who am I to say.
Hey, you want to start a campaign to explain to the public why they should let their state legislatures appoint senators instead of voting on them themselves, knock yourself out.
Wingnut, how has the republic fared since 1913?
Do you honestly think the founders wanted redundant popularity elected legislative branches?
“What is certain now, is the federalism they supported is necessary to save the republic.”
Not really. There was a different form of government that was strangled in its infancy: a loose confederation of states with a central government having very little power. Power corrupts. So why give a central government more than a bare minimum of power in the first place?
“how has the republic fared since 1913?”
About the same as it has since 1865.
Everything has gone downhill since 1913. The 16th amendment being a prime driver of the destruction.
I guess that you didn't really mean that.
Man, what a shame. While I’ve never lived in VA, I regard VA as the hallowed birthplace of presidents and patriots.
John Locke and James Madison covered that. If men were angels, government wouldn’t be necessary. It is the very imperfections of man that require government to secure natural rights.
No, but they included a provision for amending the constitution to reflect the popular will.
History shows that a strong republic has been the most powerful form of government-ever. I am not advocating world wide conquests but the Greek Republic conquered the known world up to the Indian border, a huge area and the Roman Republic conquered most of Europe and the middle east.
I began my campaign to restore federal republicanism right here at FreeRepublic on April 8th 2013, the 100th anniversary of the 17th Amendment.
This is going to be an uphill struggle until the last quarter of this year when the government will grossly overstep its bounds, baring its fangs against the people, during the Worldwide Sovereign Debt Default Crisis that Martin Armstrong has predicted.
Don’t worry I get pro Article V calls too. One robocall was really good and advocated for Article V convention and then called and transferred my call to my state senators office for me! The Senators office girl took my opinion which I strongly suggested that the Senator should be in favor of it.
“Everything has gone downhill since 1913. The 16th amendment being a prime driver of the destruction.”
And it was baked in the cake at Appomatox Court House.
To the victor go the spoils.
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