Wednesday, April 28, 2004
The Seventeeth Amendment
For the past three years, I have been saying that it is necessary to appeal the 17th amendment that removes the election of Senators from the State Legislatures to the state's general populace.
Besides the fact that this situation (where the senators were elected by the State and the representatives were elected by the general public) settled some disputes that arose in Congress, this compromise summarized the Founders' belief that the government of the United States of America was formed by both the states and the people; however, this original view was lost in the wording of Amendment 17.
The purpose of the Senate was not only to settle the problem that arose in the Convention but also to protect the smaller states. The other purpose of the Senate was to moderate excessive lawmaking that could eventually harm the rights the states had. Not only that, but the role of the Senate was to prevent the basic mob rule that happens in the House of Representatives, because the number of its members was smaller. Over all, the Senate, as elected by the states, was a protection of the rights of the states as well as a way to protect the rights of the people, in the long run.
It was, therefore, necessary for states to have their own representation and for the people to have their own, as well. Since the Senate answered to the state legislatures, its actions had to be concurrent with most of the states. Having each state select their own representatives allowed for each state to be more independent. Not only does the Senate protect the states and their rights against the people, it also protects them against the federal government and making it dependent upon those states. The Senate has the power not to approve of presidential nominees if it thinks they are inappropriate. Since the state governments founded the federal government, it is only necessary that the executive branch should cater somewhat to the states' opinions.
The opinion of the Founders was that it was both the people and the states who created this new government; the role of the House was to protect the people and the role of the Senate was to protect the states. This original viewpoint changed in the years that followed the creation of the Constitution. It is now common belief that it was only the people who established the current government not the states and people. The original intentions of the Founding Fathers in concern to the Senate were to protect the states' rights from the tyranny of the people and federal government. When the Seventeenth Amendment was passed, it destroyed those intentions and the change damaged the original concept. The Senate is now just a miniature House of Representatives with a set number of representatives. Before, the Senate was not compelled by popular issues of the day but was focussed on the states' rights; now, since they are popularly elected, the Senate acts with the intention of winning the popular vote. Senators do what the people want; they no longer protect the states' rights. There is no checks and balance against the people; the states have no more protection. This change has destroyed the sovereignty of the states that the Founders had tried to insure in the Constitution.
The change that ensued after the passing of the Constitution has destroyed what the Founders believed to be the best compromise between state sovereignty and individual sovereignty. There is no more protection against a tyrannical people or a dictating federal government. The compromise that had divided the Constitutional Convention in half was in vain. The Founding Fathers believed that the states and individuals had created this new government; now that opinion is obsolete. It was the people who created it. The original role of the Senate as the Founders wanted it has been destroyed with the Seventeenth Amendment. Let it be hoped for that the original intentions of the Fathers nor their sacrifices be forgotten despite modern notions concerning those very matters.
Finally, someone has mentioned a very wise idea.
For the past three years, I have been saying that it is necessary to appeal the 17th amendment that removes the election of Senators from the State Legislatures to the state's general populace.
Besides the fact that this situation (where the senators were elected by the State and the representatives were elected by the general public) settled some disputes that arose in Congress, this compromise summarized the Founders' belief that the government of the United States of America was formed by both the states and the people; however, this original view was lost in the wording of Amendment 17.
The purpose of the Senate was not only to settle the problem that arose in the Convention but also to protect the smaller states. The other purpose of the Senate was to moderate excessive lawmaking that could eventually harm the rights the states had. Not only that, but the role of the Senate was to prevent the basic mob rule that happens in the House of Representatives, because the number of its members was smaller. Over all, the Senate, as elected by the states, was a protection of the rights of the states as well as a way to protect the rights of the people, in the long run.
It was, therefore, necessary for states to have their own representation and for the people to have their own, as well. Since the Senate answered to the state legislatures, its actions had to be concurrent with most of the states. Having each state select their own representatives allowed for each state to be more independent. Not only does the Senate protect the states and their rights against the people, it also protects them against the federal government and making it dependent upon those states. The Senate has the power not to approve of presidential nominees if it thinks they are inappropriate. Since the state governments founded the federal government, it is only necessary that the executive branch should cater somewhat to the states' opinions.
The opinion of the Founders was that it was both the people and the states who created this new government; the role of the House was to protect the people and the role of the Senate was to protect the states. This original viewpoint changed in the years that followed the creation of the Constitution. It is now common belief that it was only the people who established the current government not the states and people. The original intentions of the Founding Fathers in concern to the Senate were to protect the states' rights from the tyranny of the people and federal government. When the Seventeenth Amendment was passed, it destroyed those intentions and the change damaged the original concept. The Senate is now just a miniature House of Representatives with a set number of representatives. Before, the Senate was not compelled by popular issues of the day but was focussed on the states' rights; now, since they are popularly elected, the Senate acts with the intention of winning the popular vote. Senators do what the people want; they no longer protect the states' rights. There is no checks and balance against the people; the states have no more protection. This change has destroyed the sovereignty of the states that the Founders had tried to insure in the Constitution.
The change that ensued after the passing of the Constitution has destroyed what the Founders believed to be the best compromise between state sovereignty and individual sovereignty. There is no more protection against a tyrannical people or a dictating federal government. The compromise that had divided the Constitutional Convention in half was in vain. The Founding Fathers believed that the states and individuals had created this new government; now that opinion is obsolete. It was the people who created it. The original role of the Senate as the Founders wanted it has been destroyed with the Seventeenth Amendment. Let it be hoped for that the original intentions of the Fathers nor their sacrifices be forgotten despite modern notions concerning those very matters.
posted by Laura Keslar at 3:21 PM | |
