Random Constitutional Thoughts

I’m of the mindset that we should repeal the Seventeenth Amendment.

Y’see, back in the day, the Founders had seen what kind of problems could be developed through one branch abusing the other branches of government, so they decided on a separation of powers. The United States were a loosely confederated group of independent political entites. There were large states and small states heavily populated and sparsely populated, richer, poorer, whatever, but they were considered to be equal in the same sense that Portugal and the United States are considered to be equal. They had their strengths and weaknesses, their own state ruler and legislature, elected by the People, and the laws that they passed would only apply to that state.

That is why extradition of a criminal who is “on the lam” and gets caught in another state is a request and not an order.

Did you notice what I did above?

I said “The United States were...” That’s the plural form of that verb, and I used it because I was treating the United States as exactly that - united States. Each with their own interest in their relationship with the Federal Government, which was designed only to protect all of the States at once, preferring no one State over any other.

Moving on…

They drew their military from the various State militias, funding the Federal Army only as needed, they made sure that they kept their greedy paws out of the economies of neighboring States (by preventing the taxation of anything crossing a State line), and each State wanted its own say in the decisions reached by that Federal Government - a voice and a vote, as the parlance goes.

The most numerous branch of Congress is required to be elected by the people every two years, and each district would be based on population - every man had the same chance to express an opinion to that Representative. Those citizens were also electing their State governments to handle things on the State level.

The original intent of the Founding Fathers was to give the various legislatures the authority to send two of their own representatives into the “Upper House” (it was originally called that because they were representing the State as a whole, not just “The People").

If you could get both the directly-elected representatives and the upper-level (i.e., appointed by the State) to agree on legislation, that would certainly simplify the issues.

Look it up. Our government exploded right around the time that the Federal Government claimed authority over every dime earned within its borders (the 16th Amendment’s “income tax") and took authority out of the hands of the States (by the 17th Amendment).

And today, it isn’t “The United States are...”, it’s “The United States is...”

More’s the pity.

So, should we repeal the 17th Amendment?