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What Needs Change - 17th Amendment Last: 10/20/2014

Thanks to Arizona Freedom Alliance - RICHARD LEE

Originally the Constitution read;

Article 1, Section 3

  • The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
  • Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
  • No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
  • The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
  • The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
  • The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
  • Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Revised 17th Amendment

  • The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
  • When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
  • This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Please note that Amendment 17 only adjusts the first and second paragraph of Article 3. All other values in being a Senator remaining.

It was only the first sentence changed and that adjustment effectively remands the 10TH Amendment to the trash heap.

10TH AMENDMENT

  • The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Now, let us get into the reasons of implementing the 17th amendment.

With the 17th amendment going to a popular vote, it allowed the Senate, as a whole, to pass or reject bills that would not necessarily be accepted by the individual state. Individual Senators were not required to vote the will of their respective state. They also realize they can not be recalled or fired by their respective state.

The Senator was no longer beholding to the State and their Legislature. That becoming an individual vote for sale. The State could do nothing to stop that action because their right to appoint was also a right to remand by having the Senator return and explain his actions to the State Assembly. Dismissal from that position was incorporated into many State Constitutions. Some State Constitutions required the appointed Senator to give a synopsis of what their actions were in the given year they were in Washington. A full gathering of the State Senate and Assembly would be on hand to hear their statement. Some State Constitutions required that the Senator vote only thru approval of their respective assemblies.

An example - The Affordable Care Act

Even though this bill passed by one vote in the Senate, that being 51 Democrats, the makeup of the States were 28 Red 22 Blue. Under the original Article 1 Para 3 Section 1, the Senate would have had to vote under the direction of the State, the ACA would have never passed.

When a person has more than their allotted time in any Service, it makes it easier for that person to learn how to cheat and do just enough in Bills to accommodate the voter. Hence you will see more Senators in Congress longer than Congressmen. Congressmen are elected every two years, while items that have been accomplished by the Congressman are still fresh in the mind's of voters. There are a few, but most are voted out within 14, 16 years. The Senator, being elected every six years has only to be on the good side for two years, the other four will not be investigated by we the people for the most part, because we just don’t think about it. Take a small poll among your friends and work associates, When is John 'the Songbird' McCain and his protege Jeffy Flake up for re-election? The results will surely surprise you. Even people who follow politics have no clue until they start seeing election material in their mail and on the idiot box

Reply by Eduard Goheen

The founders’ Constitution was crafted for the States’ Representatives to Congress to be elected by the people – who might not be fully informed as to the qualifications of each candidate and whose opinion might be easily swayed by the news media, the money of big campaign donors, and even out-of-state Super PACs. The States’ U.S. Senators, on the other hand, were to be chosen by deliberation of the people who had been elected by the populace to represent them in the State Legislature. These State Legislators would have more knowledge of the legal and economic issues confronting the State and they would be much better acquainted than the general populace with the abilities of the Senators they selected. The selection process would be conducted in an atmosphere much less influenced by the media or by campaign tactics.

Thus, one house of Congress would be elected by the democratic system of direct popular vote, and the other house of Congress selected by the system of a representative republicanism. The House of Representatives would represent the people of the States. The Senate would represent the governments of the individual States (who were also elected by the people of the states) and protect the rights of their State. Think of it as having both labor (the peoples’ House) AND management (the States’ Senate) sit down at the table to agree on work rules - not just labor dictating and not just management dictating – but the two sides working together to come up with suitable rules. This was the balance decided upon by our founding fathers.

ANY issue settled by a democratic popular vote election is likely to be settled on an emotional basis - think big buck attack and counterattack campaigns (called POLITICS). This is why our founding fathers did not want both houses of Congress selected by POLITICS. In addition, the 17th amendment took away the ability of State Legislatures to influence Federal policy. Thus, we citizens of the States are now ruled almost entirely by the non-elected bureaucrats of Federal agencies and we are virtually powerless to do anything about it.

 

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