Sunday, October 19, 2014

Constitutional fight launched over election of senators: Lawsuit challenges adoption of 17th Amendment

 constitution

It’s a movement that’s been building in recent years: efforts by states to reclaim their constitutional authority by declaring Washington’s health care laws, gun control or other restrictions simply don’t apply within their boundaries.

After all, the Constitution stipulates that, except for a couple of dozen specific issues such as national defense, the powers in the U.S. rest with the states.

Now a new lawsuit contends states can regain their authority by returning to the practice of having state legislatures elect U.S. senators, as the Constitution originally required.

More @ WND

7 comments:

  1. It seems 1913 was the year America died. It seems strange that in that one year the Federal Reserve was created, Income tax was legalized and Senators stopped being state representatives and became federalized. The elites in that one year seized control of America.

    Badger

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  2. It could be argued that the Constitution died in 1794, only 7 years after its adoption when at Alexander Hamilton's behest, Washington marched a Federal Army into Pennsylvania to smash liberty and force farmers to cough up the Whiskey Tax.

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    1. Nobody is perfect. But we're still for damn sure better than the alternatives IMHO.

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    2. Yes and I believe the Founders wrongly assumed there would always be honest men in government

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  3. While the argument can be made that the 17th Amendment moving Senatorial elections from the state houses to popular votes has created problems the idea that
    a court challenge could overturn the practice is ludicrous. The issue is beyond the
    authority of ANY judge.....and any judge ruling on it is in violation of his authority, not that they don't do that on a regular basis. The ONLY credible legal challenge to the practice would be to attempt to show that the process was corrupted, that the actual amendment is invalid due to fraud, tampering or some other process that effectively calls into question the validity of the procedure. A very difficult thing to do at this point in time and absent such proof there is NO basis to challenge the current procedure.
    Want to return the election of Senators to the state houses? Another amendment nullifying the 17th Amendment would have to be passed. That's not likely.

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    1. As I read it:

      ".........the 17th Amendment was not legally adopted, because several key states cited in support of it never even voted."

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