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Direct Corruption: The Seventeeth Amendment

By Ed Willing

No doubt, the last several years in America have been challenging to everyone, on all sides.

It has both challenged those on the left as they see so many millions question their policies and principles, and has infuriated said millions on the right because they cannot believe how quickly America has turned away from its founding principles. Both sides agree there’s problems in education, costs of health care and national security – they differ widely in how to address them. Interestingly, their differences are not usually as wide as they think. In policy, yes; in principle, no.

Experiments in government benevolence are nothing new, and neither are the poor and needy. Jesus of Nazareth said, “you will always have the poor among you,” and Apostle Paul said “your plenty will supply what they need.” So we as Americans, an overwhelmingly religious people have invented many ways to see the needs of people met – both physically and spiritually – since long before our Constitution was formed. Caring for the poor isn’t a new idea, just the concept of forced compassion.

What was new in 1787 was the unique opportunity for free, moral men to establish their own government in a fair and enduring manner for all men. What was new turned out to be the specific system of checks and balances between governments; the acknowledgement of fallen human nature; government’s suspicion of their own power and the preservation of innate liberties that would create the most successful society in human history

Our system was not perfect, but as the Founders wrote, they sought a “more perfect union,” and fortunately, because of the character of her people the nation has found its way around the pragmatic decisions at the time to extend liberty to everyone as equally as possible before or since. We inspired a world in slavery; we liberated a continent under siege; we invented entire industries among our creative people; we ushered in the greatest economic improvement in the global community ever in history, and have managed to maintain it for longer than any other time in history.

And yet, never before has this legacy been more threatened by the very mindset that results from such long-lasting prosperity. Complacency, removal from struggle, disassociation from organic, neighborly concern is birthed in societies where we assume someone else can take care of this or that; we have allowed collectivism to creep into a society where collectivism had no part. Yet, we use the benefits of its absence (true liberty and free markets) to make an argument for it.

We have been doing this for over 120 years. The chickens have come home to roost; as they’d say in the northwest, the salmon have come back to spawn. And spawn they have – last year, 40,000 new laws were passed and enacted into law. Tacitus, the Roman orator and considered the world’s greatest historian warned us: “The more corrupt the state, the more it legislates.”

How did this happen? It didn’t happen overnight, but it didn’t happen by accident either, nor by mere neglect. Good people were sold on false ideas proven faulty by the Founders, and the liberty baby was proverbially thrown out with the bathwater of a young and imperfect republic. The notion of the fallibility of man was replaced with the belief we could improve the human condition collectively. Every man has a voice; good government must surely follow, yes? No. It has never worked in human history, and unless we intervene now, history will replay itself once again and we will have failed to learn from it.

The Progressives’ war has been engaged for well over 150 years, but it received its greatest and most imperative successes about 100 years ago. After a series of failures in the Supreme Court, and multiple attempts to expand government taxation and service programs throughout the country in the late 19th century, Progressives, who had been working on reforming public education for years, finally got what they wanted in the early 1900’s with the democracy movement fueled by unions, women’s suffrage and increased civil liberties in the South. They saw the opportunity to seize on legitimate cultural reforms to change the very structure of American government, and our relationship to it. Real abuses in the corporate world and the harsh adjustment of cities to transition during the industrialization era led people to believe investing more power in government could be the best solution. They abrogated local power to state and federal power, and the consolidation of this authority was cemented when the idea of direct elections became the emphasis, rather than representative republicanism. From 1901-1913, nearly every republican structure in the nation had changed. In 1913, democratic energy finally came to a zenith with the passage of the 16th and 17th amendments – the power to tax, and the direct election of U.S. Senators, respectively.

The “federation” of government, by definition was intended to be a dispersed concentration of power, where the States individually retained the appropriate powers, “innumerable” as they were, and collectively delegated, few and “enumerated” as they are, in the central “national” government. This was by design.

In Federalist No. 46, James Madison asserted that the states and national government “are in fact but different agents and trustees of the people, constituted with different powers.”

Alexander Hamilton, writing in Federalist No. 28, suggested that both levels of government would exercise authority to the citizens’ benefit: “If their [the peoples'] rights are invaded by either, they can make use of the other as the instrument of redress.”

The birth of the Progressive reforms at the turn of the 20th century was the destruction of the only preventive-check on manipulated democracy. The 17th amendment fundamentally changed the balance of federal and state power by eliminating the accountability the Senators had with their states and transforming them into 6 year versions of the 2 year House. The result was 5 years of unaccountable, easily-corrupted de-governance determined more by lobbyists than that alleged “direct voice” everyone was looking out for. The clarification in the 16th amendment gave this new imbalanced government the power to confiscate as much money as it deemed necessary to its ambitions.

 

In the Founders’ vision of the Senate, the distance for positive action is as close as the state capitol and its legislature. Senators used to represent their state and the people’s need within that state.

The Founders understood that the failures of the Roman Republic and the Greek Democracy could both be gleaned from; their respective falls into extinction showed that no perfect government existed and could be manipulated by a flawed human nature, individual OR collective, for which the Founders had a profound fear of. They intended to create a dispersed power structure that both maintained the wisdom of republican representation, while protecting the right of a self-governing people to direct the behavior of their own government. The 17th destroyed the balance, and the results are the last 100 years of Progressive havoc. Prior to ratifying the amendment, citizens saw much more of their Senators. They also usually retained the ability to vote for their most popular choice, and the State legislatures would then most often appoint the most popular choice, subject to their discretion and the needs of their state. As a result, the Senate was essentially an advisory board to the House and Executive branch, not a mere politicking body as it is now.

THE SYMPTOM OF IMBALANCE IS IN THE MONEY

In 1913, Federal Government spending accounted for just under 3% of Gross Domestic Product (total economic activity). Today, that figure is roughly 24%, siphoning off wealth from the most efficient places and funneling it through the inefficient channels of government bureaucracy – all in the name of “compassion for the poor” that are better served, not by a centralized government, but local communities and families.

While convincing arguments are made of caring for the poor, the mathematical realities are ignored. The concept of forced charity doesn’t register in the minds of the masses, because the masses are increasingly the beneficiaries of that forced compassion, rather than the ones with the gun in the face. Resisting the illogical programs – never mind their constitutionality for a moment – is futile because so many around you have come to depend on those benefits to survive. Very few are principled enough to vote themselves into struggle.

The problems are many-fold, but the most acute symptom of our degrading society is the federalization of these benefits. Local determination has been lost, local control is irrelevant and the consolidation of power in Washington, D.C. has become so great, that many have failed to see the sickening marriage between corporate powers and government powers are equally as frightening. Because the problem appears so daunting, we just vote our heart and hope for the best. But that’s what got us here in the first place.

The direct election of Senators removed the most important safe-guard against the mobocracy and manipulated masses. Where the states once had a direct representation in the Federal government, so they may protect the interests of their local determination, we now have a more corrupt body than the one we had sought to reform in 1913.

And make no mistake, the “reform” to be sought was merely the veneer selling point – the goal of far too many Progressives was the consolidation of power, not merely the improvement of human conditions, and they understood very well what they were doing. It was the manipulated masses that did not. Touché

THE REPUBLIC MUST FIND A HOME IN OUR HEARTS

The way to restore the balance the Founders intended is complicated, and you will never find complete agreement as to how, but we all should agree as to why. Without the repeal of the 17th amendment the 9th and 10th amendments have no value. Article 4, Section 4 of the Constitution promises the States a republican form of government, for a reason.

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect them against invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”

Every structure needs tensions on either side to secure the structure and assure stability. The 17th Amendment, in essence, violates the spirit of Article 4, Section 4, and eliminated that guarantee of stability, making the assurance a matter of one’s word only, not enforceable by any legal or practical means.

What I fear may eventually occur is that the imbalance Conservatives find echoing socialist ideals will become far worse, and lead us down a road much more repressive than the economies of Europe. One would think observing their experiments in enlightenment-communalism mixed with convenient shreds of facio-capitalism would have shown us the Founders were right, but it appears that this paradigm realization has not yet happened.

To restore the value of the 9th and 10th amendments, we must repeal the 17th amendment; Senators would once again be directly accountable to State capitals, and could be recalled in the case of malfeasance or counterproductive policy. And in order to accomplish this, I propose that a consistent dedication to education be orchestrated to teach our local communities how important a republican government is, and why our Founders constructed the careful balance they did. The Progressives have de-educated three generations of Americans into believing pure democracy is a human right, and that a representative system is more easily corrupted. Once the people have an understanding and cautious trust in the system, we may have States willing to forcibly restoring that balance. It will take more than a brave politician or two; rather, millions of educated citizens need to understand the need to tell their Federal government that it is too powerful; too presumptuous; too untrustworthy to retain the power once held by their local State governments. If power is forever corrupting, let the corruption be that which I can see and not be hidden; power distanced from the hand which can rightly correct it is forever lost to the ambition of rulers.

When the sovereign States reassert their right to representation and remind the Federal government that federal power comes only from the consent of the governed (states included), you will see Washington, D.C. become what it was intended to be – a watchman abroad, a protector of the States, a mediator between disputing parties, and an ambassador for us in the case of abuse.

Our relationship with government will always be a fluid interpretation; as well it should be. We change as people, and as such, while our principles must remain, our methods of governing should also change. Instead of looking ahead into the unknown and experimenting with proven tenets of good governance, we should trust more the lessons of history than the dreams of planners and manipulators. The modern relationship we currently have in the 21st century with government will assure that we as a people only change in one direction – more dependency, less self-sufficiency, less education, more consolidation of wealth in the hands of few. Harry Browne aptly described the self-perpetuating nature of a benevolent government:

“Government is good at one thing: it knows how to break your legs, hand you a crutch and say, ‘see if it weren’t for the government, you wouldn’t be able to walk.’”

It is not coincidence that the transfer of power from State to Federal government in 1913 directly correlates with the rapid increase in spending, government welfare experiments and the radical assumption of public debt. For the same reason credit cards are so easy to fall prey to in personal finance, removing oneself from the direct cost of local subsidies removes all inhibition to passively approving unsustainable debt and dependency.

Local government is so important to a free and successful society, and most people will agree with this. So the relationship with the federal government must change. Our relationship is determined by our status and morality as a community. So it would be reason to say experiments in social services, environmental policies, education structures and the means to pay for them should be retained as locally as possible. We can win hearts, and votes with this logical argument. You may be surprised how many progressive neighbors will agree with this line of thinking.

Our goal should be to know and engage our community as much as possible, not depend on the benevolence of a distant government to perfect the condition of a world it is too far removed from to understand. Education, health care, security, economic freedom, work conditions, civil rights are very personal, intimate areas of our lives, and should be held tightly and locally, even if they affect us as a whole nation. Teach your neighbors the virtues of a local community knowing and controlling its own fate, and you just might see the republic which protects this, find a home in the hearts of the democratic masses once again.

We cannot afford any other option.

______________________________________________________________

Video on the importance of the 17th amendment, and what it’s repeal has led to:

COMMENTS

  • trimulchio

    Amendment, many states had been popularly electing senators for years. Although I think appointed senators make Constitutional sense (a state’s direct voice in Washington), states make election laws.

    • willing2serve

      But not anymore. They have increasingly lost that power along with every other power to the federal government.

      The 17th amendment cemented that, and literally destroyed any constitutional blockade to the feds telling states what to do.

    • Joliphant

      I just don’t see how election by state legislature would be beneficial.

      As things stand its very difficult to unseat a senator. Removing direct election would make it even harder. You would wind up with state party bosses being the senators. The only upside I can see is we wouldn’t be spending all that money on 50 senate races.

      • Joliphant

        Is there a problem with Chrome and this site ?

      • ntrepid

        I won

        • http://foundersintent.org FoundersIntent

          Your points made against the state appointment process are the very ones a dedicated Progressive, William Jennings bryan made.

          And the reality is that all of your concerns are the reality NOW. Except worse.

          “(a) Election by state legislatures puts that Senator

          • ntrepid
          • ntrepid
  • independentmike

    Congrats on a very good post on the destructive effects of the 17th Amendment. Most Americans simply don’t understand that the founding fathers did NOT want every single legislative seat selected by popular vote and did NOT want every single issue decided by the majority of the people.

    The states’ power to appoint U.S. senators was a key part of the balance of power that the framers intended to exist between the federal government and the state governments.

    The founders also understood that the will of the masses had to be balanced against, and sometimes checked by, the will of the more educated, successful element of society. They knew that pure democracies had never worked, that the masses were too easily swayed by demagogues.

    • commonsenseobserver

      And I do not see the virtues of indirect election.

      If anything destroyed federalism, it was Roosevelt’s four-year term.

      • http://foundersintent.org FoundersIntent

        The 17th was the key that opened the door to the progressive agenda.

        Do deny it is to tell Progressives they were wrong about their very own crowning achievment. ;) I would take their word for it, personally.

        If you do not see the virtues of indirect election, then you do not see the dangers of direct election. In which case, you disagree with the Founders of this nation, and the concept of republican government itself.

        FD Roosevelt’s reforms would have been impossible in a world where Senators were state-appointed.

    • http://foundersintent.org FoundersIntent

      You summed up the whole article in three paraphraphs! :)

      We need to educate more people on this ver simple principle.

      many on this hear thread, too, apparently. :-/

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  • Dave_A

    There are 2 major issues with the ‘old system’:

    1) A state liberal enough to nominate a left-lunatic Senator, usually has a left-lunatic governor too..

    Senator & Governor are both statewide-races, and if you think a state that will elect Jim Doyle, Jerry Brown, Pat Quinn, or Christine Gregoire as Governor will appoint a ‘balanced’ Senator, you’re delusional.

    If anything, the liberal states would send even more liberal Senators because the Governor/’Legislature (which is often MORE EXTREME than the Congressional delegation) would pick them & anyone could be sent no matter how slimy/corrupt/beholden to the Left.

    These people would then be ‘protected’ as long as the governor stayed in office – and like most appointees, no one would pay any attention to them…

    2) The Blagovich factor.
    Since state governments have much LESS attention on them than the Feds do, they are often multiple times more corrupt. Senate seats would literally be for sale in several states (IL being #1, of course) & nothing would be done about it…

    3) Immunity from electoral change:

    Appointed Senators would still have 6-year terms – which would make events like 1994 and 2010 impossible. To change a senator, you’d have to have an electoral revolt against the entire state government, and then WAIT for the Senator’s term to expire…

    NOT GOOD.

    4) The false-narrative of the Obamacare State-Map:

    A few of those states challenged O-care because the Attorney General was the ‘Lone Republican’ in state government.

    For example, Rob McKenna joined the suit – but the WA Legislature AND the Governor both supported O-care to the MAX the whole time…

    Also, in some ‘Purple’ states, you have Republican Senators, but a Democrat Governor/Legislature… With the 17th, kiss that goodbye…

    There is simply no benefit to appointed Senators

  • http://foundersintent.org FoundersIntent

    Alexander Hamilton championed the state appointment of Senators, btw.

  • http://foundersintent.org FoundersIntent

    Your remarks show some very important misunderstandings of the way it used to be. But I’ll respond to your numerical list:

    1) As a resident of the state of wisconsin, you are wrong. We would have never had a Feingold or a Kohl under our moderate republican, Tommy Thompson. We would have had moderate senators of the GOP flavor with our balanced GOP assembly and Senate

    2.) State governments get MUCH more local accountability than the federal government. Rewind 110 years ago. No one cared what the feds were doing, because all politics were local. Yes, corruption occured. You are implying it doesn’t happen at the federal level. Except, it’s harder to uproot and remove.

    3.) Appointed senators not serving the interests of the states could be recalled at any time. Your lack of history on this subject shows most here. To change a senator, the legislature would merely have to vote to recall them. Right now, it’s virtually impossible to remove an incumbent senator. Your very concern is the very current reality.

    4.) Your case about Rob McKenna doesn’t hold water. First, McKenna is balking, saying it’s constitutional now. He’s a CINO. Obamacare would have never passed had Senators been state-designated. And you’re saying that in some “purple states” you wouldn’t have a republican senator with a democrat governor/legislature. That contradicts your third point, if true. Every one of your points is politically-motivated… partisan-driven. That’s wrong-headed thinking. The Senate was designed by the Founders for a reason. The indirect election made sure the state governments had an advocate for themselves. Whether conservative, liberal or moderate, their senators answered to their states. If you want the people have a voice, that’s what the House was designed for.

  • thethinman

    You’ll never succeed. The party of the first part will NOT part with their minions that the people elect and turn them back to the State legislature where they belong. The senators themselves wouldn’t go for it – and fortunately or unfortunately – the PEOPLE have no recourse – like proposition in CA or other states to force the issue.

    and while you are at it – lets’ repeal the 19th amendment with it – THAT is the root cause of the mess that the United States is in. Just look at the figures and see who supports socialism – men vs women. We know what went wrong – and there is no way to fix it.

  • thethinman

    The truth, the whole truth and nothing but the truth. the real problem – there is NO way to repeal that terrible amendment that has done more harm to the states and the citizens of the United States.

  • Melody Warbington (rwm52)

    here in AL, we probably wouldn’t have had Jeff Sessions or the more moderate Richard Shelby, both GOP. We’ve had Democratic governors from 1878 to 1987 (after which the occasional GOP win), as well as a Dem state legislature for 100+ years until 2010. They would have appointed Democratic senators. And on second thought, we might have had Shelby, but he would have stayed a Democrat.

  • westcoastpatriette

    That has to be one of the most insulting, sexist things I’ve heard in a long time. Don’t know whether to laugh or cry at that one.

  • thethinman

    perhaps. laugh or cry – but go study history and find where it all began to go down hill – just about the time of the 19th amendment. and tell me – who are the biggest proponents of socialism – read that Pelosi, Boxer, et al. What has happened to our families – now that women are “equal” and MUST go to work to support a family – what family? daycare, pre k, kindergarten, then the kids are turned completely over to the “public” indoctrination school system run by the unions that inculcate socialist ideas and dogma into their heads. Is it totally women’s fault – hardly – but they are the “power behind the throne” of ObamaCare and socialism in this country.

  • tnfriendofcoal101368

    But I was wrong, 19th amendment, the cause of all that ails America? Not even Tancredo-bot sinks that low in the sewer…Paulbots are even laughing. Citizens vote (all citizens) on Senators, Presidents, Alderman, Dog Catcher in this country…it has been that way the entire lifetime of my Grandparents…time to put down the tin foil hat, back away from the computer, get some sun and leave the house because you have sunk to depths I didn’t think possible.

  • Melody Warbington (rwm52)

    Although I will agree that the so-called feminist movement has done more to damage families, children and the country than just about anything else, there are a lot of women who have pushed back. I started that fight in the political arena when I was in college in 1974 along with my mother, both sisters and many others when we fought against the Equal Rights Amendment. Groups like Eagle Forum, founded by Phyllis Schlafly, have been doing so as well.

  • aesthete

    Men who vote are the other half.

  • thethinman

    Hmmm. perhaps, again. but then that’s a dirty word, like racism. Women ARE what used to bind families together – they raised their kids, taught them manners and respect for their elders, women and others property.

    Women have always worked – often harder than they do in any work place where they make money. but their rewards were greater. Now most of that money goes to those institutions that they deliver their children up to. Ask me – I had a “horrible” family life as a child – my mother HAD to work to make ends meet – and sweetie – that was a long time ago. I look around now, at my freinds from back then whose mothers were able to stay at home – and I find that they in turn have family that is still family.

    women have emasculated manhood, and we wonder that there are so many god forsaken men and women in this country. why we have men with no gumption – and why men in the military become brothers and family like no other. willing to die for each other and kill for each other. at home – it’s turn and run – let the criminals have what they want. We kill unborn children – because “men” don’t want them – or is it because women now have the right to have their misbegotten children murdered?

  • zachv

    That poster is sexist? What?! But my religion states women are inferior to men: See this passage from Leviticus 12:2 and 12:5 and I Corinthians 11:3 – that clearly proves it to be such.

    Oh and this “study”? It shows that women have smaller brains. Oooh. Inferior. Can’t really argue against that.

    What, you don’t like that you, say? That’s sexist? Well let me make a post about how proud I am to an “Intolerant Discriminator” against those homosexu – oops, I mean inferior women. I’m also “sick” of you crushing the dissenting voices.

    Here’s a picture of what will happen if we condone being a “woman”: Look here!

    Oh, and I don’t expect any women to respond to this in our country that has Freedom of Religion, Freedom of Speech, and Equal Protection under the Law, because the laws of “Nature and of Nature

  • tnfriendofcoal101368

    no text

  • westcoastpatriette

    and I’ll say no more.

  • Jack_Savage

    That make me so happy I can see through all the “we’re just like you, only more in touch with our feminine side” crap that the militant gay activist movement spews. You once said that Dan Savage doesn’t speak for you. That’s a crock of rat crap, unless you meant that you now speak for Dan Savage.

    You are a real jerk, zach. I am sorry I ever treated you with respect. I won’t make that mistake again. And I wish Amendment One was on the ballot again so I could shag ass out there and vote for it.

  • Bill S

    and you’ll buy yourself a permanent ban.

  • westcoastpatriette

    guess I pushed a few buttons. I decided long ago not to interact with him. There are some people that need to be ignored and walked away from and zach is one of them for me.

  • zachv

    No more out of me.

  • zachv

    “And I wish Amendment One was on the ballot again so I could shag ass out there and vote for it.”

    I’ll promise you that opportunity again, even if it kills me. My love for my husband, my family and my children will guarantee that.

  • Jack_Savage

    I’m sure the back of your hand is pressed against your forehead as you wobble to the fainting couch.

    Put it on the ballot every day, pal. And the more people are exposed to what an incredibly narcissistic, self-absorbed bunch of hate filled whiners you all are, the less likely each time it will pass. Thirty one and “0″. Deal with it. You’re running out of states to move to.

    And when you do get it back on the ballot, be sure to prattle on about “civil rights”, because my black friends and neighbors really laugh their asses off about that one. They actually know a little something about the subject, so it’s no surprise that they vote against your temper tantrums 2-1.

    What you self-deluded morons can’t begin to grasp is that incredibly, the planet has managed to soldier on without gay marriage for a few zillion years with no ill effects. And you might want to pass along some more information to those who live in bizarro world – there are actually people with no religious affiliation at all who are against gay marriage. Really. I’m not kidding. They exist. So sadly you can’t blame it all on bible thumpers, even though that is so, so much more easy and convenient.

    So save your thimble full of Christian knowledge and cute, out of context verses for your pal Dan Savage and the Church Of The Everything’s OK And Everyone Gets In No Matter What, because you really don’t know what you are talking about.

  • davenj1

    You obviously lay out a good historical case drawing a line to the growth of the federal bureaucracy and the funding source for that government. As you know, Senators are elected for 6 year terms, Reps for 2 years and the President for four (and not to exceed two terms). Judges were appointed for life. There is a reason these terms were decided upon. The two year term was chosen to keep the Reps in constant contact with the people- they were effectively constantly campaigning. The Senate, on the other hand, was designed to be the more deliberative body insulated from transitory local parochial interests. They were designed to think more “nationally, less locally.”
    Of course, that never happened. The Senate, before their direct election, also always protected local, parochial interests. It is is one thing that led to several constitutional crises and a Civil War. And it happens today.
    A Senator from Iowa, for example, is more apt to support farm subsidies than they are to support a beach replenishment project. A Senator from New York is more likely to have a stake in banking reform than a Senator from Alabama. Hence, in history and in practice, I fail to see how the 17th Amendment has made a Senator less attuned to state-specific issues.
    As for the five years beholden to lobbyists and one year of campaigning theory, assume the 17th Amendment is repealed and Senators are chosen by state legislatures. What is to stop lobbying of state legislatures? You simply compress that whole problem down to the state level, yet it still exists and eradicating it would actually be more difficult.
    This is like the debate over term limits. We have term limits- it is called Election Day. If a Senator or Representative is really failing to represent the needs of their states or constituents, we vote them out. Making Senators beholden to the people directly rather than a subset of the people (their state legislatures) makes greater intuitive sense.