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Topic: 17th Amendment


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In the News (Sat 19 Dec 09)

  
  Ratification of Constitutional Amendments - The U.S. Constitution Online - USConstitution.net
However an amendment is proposed, it does not become part of the Constitution unless it is ratified by three-quarters of the states (either the legislatures thereof, or in amendment conventions).
This amendment was specifically rejected by Kentucky on Mar 12, 1869; by Delaware on Mar 18, 1869; by Ohio on Apr 30, 1869; by Tennessee on Nov 16, 1869; by California on Jan 28, 1870; by New Jersey on Feb 7, 1870; and by Maryland on Feb 26, 1870.
This amendment was specifically rejected by Georgia on Jul 24, 1919; by Alabama on Sep 22, 1919; by South Carolina on Jan 28, 1920; by Virginia on Feb 12, 1920; by Maryland on Feb 24, 1920; by Mississippi on Mar 29, 1920; by Delaware on Jun 2, 1920; and by Louisiana on Jul 1, 1920.
www.usconstitution.net /constamrat.html   (944 words)

  
 Amendments to the Constitution of the United States — Infoplease.com
Amendment XI (The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress.
Amendment XV (The proposed amendment was sent to the states Feb. 27, 1869, by the Fortieth Congress.
Amendment XX (The proposed amendment, sometimes called the “Lame Duck Amendment,” was sent to the states Mar. 3, 1932, by the Seventy-second Congress.
www.infoplease.com /ipa/A0749825.html   (2100 words)

  
 FindLaw: U.S. Constitution: Amendments
The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee.
The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3865 words)

  
 ESR | December 2, 2002 | Repeal the 17th Amendment
This amendment created a fundamental structural problem which, irrespective of the political party in office, or the laws in effect at any one time, will result, over time, in expanding federal control in every area.
The reason for the passage of the 17th Amendment should be stated.
Instead, the 17th Amendment should have fixed the procedural problems and left the balance of power between the states and the federal government intact.
www.enterstageright.com /archive/articles/1202/120217thamend.htm   (1134 words)

  
 SSC - TEKS and TAKS - TEKS Glossary - Amendment
Most significantly, the amendment incorporated the "due process clause" as outlined in the 5th Amendment and ensured the protection of citizen's rights, previously only guaranteed at the national level, at the state level.
In 1868, the required number of states ratified the 14th Amendment which declared that all persons born in the United States (except Indians) were citizens, that all citizens were entitled to equal rights regardless of their race, and their rights were protected by due process of the law.
The amendment derived from a requirement in the Military Reconstruction Act, passed by Congress on March 2, 1867, that Confederate states, as a condition for readmission into the Union, extend the right to vote to former adult male slaves.
www.tea.state.tx.us /ssc/teks_and_taas/teks/glossamendment.htm   (990 words)

  
 Repeal 17th
The 17th Amendment was passed because of a procedural problem in the original concept and not because of a need to alter the balance of power.
With that, the state governments should be focusing an effort to repeal the 17th Amendment, not on passing legislation or engaging in irrelevant activities, that are more than likely useless over the long term and probably also over the short.
amendment proposed would reinstate the states' linkage to the federal political process and would, thereby, have the effect of elevating the status of the state governments from that of lobbyists, to that of a partner in the federal political process.
www.liberty-ca.org /articles/macmullin_17th.htm   (942 words)

  
 Historical Documents - 17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators
When the House passed proposed amendments for the direct election of Senators in 1910 and 1911, they included a "race rider" meant to bar Federal intervention in cases of racial discrimination among voters.
A substitute amendment by Senator Joseph L. Bristow of Kansas provided for the direct election of Senators without the "race rider." It was adopted by the Senate on a close vote before the proposed constitutional amendment itself passed the Senate.
Proposing an amendment to the Constitution providing that Senators shall be elected by the people of the several States.
www.historicaldocuments.com /17thAmendment.htm   (502 words)

  
 STRATEGY   (Site not responding. Last check: 2007-10-19)
In other words the 17th Amendment cannot be imposed upon the states which did not consent to it, and a state must expressly consent to any change involving its suffrage in the Senate.
By a strange quirk of fate the 17th Amendment was never ratified by the legislatures of three fourths of the states as the Constitution requires.
Needing the 17th Amendment to advance their agendas, the proponents of global governance, free trade and loss of our sovereignty have immense power in Washington but have little or no power in state legislatures where labor unions are extremely powerful in many states.
www.sovereigncause.org /strategy.html   (1711 words)

  
 The 17th Amendment
To backtrack for a moment, for the uninformed, the 17th Amendment is the provision that allows U.S. Senators to be directly elected by a state’s population.
Amendments to address changing views on issues such as slavery, alcohol, voting rights, or clarifications of citizenship, procedures for the functioning of government, etc. reflect what the amendment process was for, and the founders’ anticipation of the need for some way to be flexible with the Constitution.
The 17th Amendment highlights the fact that states were to have a role in controlling the federal government, were separate sovereign entities, and were not mere provinces of some monolithic nation.
daveblackonline.com /17th_amendment.htm   (996 words)

  
 States must force 17th Amendment showdown
The 17th Amendment was part of the drift away from "states rights", the sovereignty of states in their proper areas, and the importance of states in the governing of America.
Henry McElroy of the New Hampshire state Legislature on the history of this amendment and why it is imperative the states step forward and force a constitutional showdown.
I have seen the proof with my own eyes at the National Archives and from the documents obtained by Bill Benson from all 48 state legislatures in his work, "Proof the 17th Amendment Was Not Ratified." I also collected court certified documents on this from the bowels of the California State Archives.
theroadtoemmaus.org /RdLb/21PbAr/Pl/Amend17th.htm   (1063 words)

  
 REPEAL THE 17TH AMENDMENT
Amendment which abrogated the state legislatures' right to appoint United States Senators in favor of popular election of those officials.
Amendment was passed because of a procedural problem in the original concept and not because of a need to alter the balance of power.
Amendment should have fixed the procedural problems and left the balance of power between the states and the federal government intact.
www.articlev.com /repeal_the_17th_amendment.htm   (2182 words)

  
 Repealing the 17th Amendment (Signifying Nothing: Tell 'em about it, Joe-Joe!)   (Site not responding. Last check: 2007-10-19)
The 17th Amendment, adopted 80 years ago, changed the system for election of senators to the current system of popular election; originally, they were elected by the state legislatures (Article I, Section 3, Paragraph 1).
If it had not bent with the 17th amendment, it might have broken later say, during the Terrible Twenties and Thirties when constitutional democracies were swept away by populist-authoritarianism in much of the world, and we had Longs, Coughlins, and Roosevelts of our own.
In other words, the 17th is the result of a trend that was taking place anyway, codifying (and legitimating) the Progressivist change that was already on its way to being implemented nationwide.
blog.lordsutch.com /?entryid=292   (494 words)

  
 Repeal the 17th Amendment to the US Constitution   (Site not responding. Last check: 2007-10-19)
The little known and deceptively innocuous 17th amendment, squeezed* between the hated income tax and the already repealed alcohol prohibition, took the US Senate away from the states and gave it to directly to the electorate of each state.
To restore the Senate to its intended purposes as a bridge and as a throttle, the US should repeal the 17th amendment, perhaps substituting other, less destructive patches to address the issues that the 17th tried (but failed) to fix.
The problem with the 17th amendment is that whenever there's a populist cry for something right now, the various states and the federal government step all over each other trying to answer it (with the feds doing most of the trampling).
www.jeffryfisher.net /Statesman/ElectionLaw/Repeal17.htm   (2196 words)

  
 CNN.com - FindLaw Forum: Should the 17th Amendment be repealed? - September 17, 2002
But scholars make a convincing case that this conventional wisdom is wrong, and that instead, it was the 17th amendment (along with the 16th Amendment, which created federal income tax and was also adopted in 1913) that was the driving force behind federal expansion.
Others, however, believe the amendment resulted from the problems the prior constitutional system was creating in state legislatures, who under that system were charged with electing senators.
He contends that the true backers of the 17th amendment were special interests, which had had great difficultly influencing the system when state legislatures controlled the Senate.
archives.cnn.com /2002/LAW/09/17/fl.dean.17th.amendment   (1875 words)

  
 Repeal the 17th Amendment
Prior to the 1913 ratification of the Seventeenth Amendment, several problems developed with the state legislature method of senator selection, providing needed ammunition for the progressives who were seeking direct election of senators.
After much legislative maneuvering, a "popular election" constitutional amendment passed through both the House and the Senate, and subsequently was sent to the state legislatures in 1912.
Pressure for the Amendment was exerted by state legislatures, the media, the House of Representatives, and the people at large.
www.secessionist.us /repeal_the_17th.htm   (2012 words)

  
 Repeal the seventeenth amendment?
In 1913, the seventeenth amendment turned the Senate from a system where states chose how their senators were chosen, to one in which the entire senate was directly elected.
As George Mason University law professor Todd Zywicki notes, prior to the 17th amendment, senators resisted delegating power to Washington in order to keep it at the state and local level.
The seventeenth amendment was meant to politicize the Senate, and this has its problems as well as its benefits.
www.hoboes.com /Mimsy/?ART=158   (777 words)

  
 Repeal the Seventeenth Amendment by Thomas DiLorenzo
The adoption of the Seventeenth Amendment in 1913 (along with the income tax and the Fed) was a result of the deification of "democracy" that began with the Union victory in the War to Prevent Southern Independence.
The Seventeenth Amendment was one of the last nails to be pounded into the coffin of federalism in America.
The Sixteenth Amendment, which enacted the income tax in the same year, implicitly assumed that the federal government lays claim to all income, and that citizens would be allowed to keep whatever their rulers in Washington, D.C. decided they could keep by setting the tax rates.
www.lewrockwell.com /dilorenzo/dilorenzo93.html   (1083 words)

  
 The Constitution of the United States
The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature thereof,] Altered by 17th Amendment for six years; and each Senator shall have one vote.
AMENDMENT II A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
AMENDMENT IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
www.constitution.org /usconsti.htm   (4078 words)

  
 Seventeenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
In the summer of 1912 the House finally passed the amendment and sent it to the states for ratification.
The Seventeenth Amendment is one of the "Progressive Amendments"; they were passed during the Progressive Era, with the support of the political group known as the "Progressives".
The other Progressive amendments were: the 16th Amendment, which created the income tax; the 18th Amendment, which started Prohibition of alcoholic beverages; and the 19th amendment, which gave women the right to vote.
en.wikipedia.org /wiki/17th_amendment   (1317 words)

  
 Additional Amendments to the Constitution
ARTICLES in addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
For purposes of representation in the Congress, election of the President and Vice President, and article V of this Constitution, the District constituting the seat of government of the United States shall be treated as though it were a State.
www.constitution.org /afterte_.htm   (1568 words)

  
 Repeal the 17th Amendment
There is a very good post highlighting the need to repeal the 17th Amendment in light of Florida’s Senator Nelson recent trip to Syria, at the weblog Crush Liberalism.
If the 17th Amendment was removed and the State's rightful authority was re-established we would not have to witness these publicity narcissists, like Nelson, Specter, Dodd, Kerry, and Kennedy, planting their selves into our national foreign policy strategy.
By Dave Oatney In light of my recent comments on this weblog regarding the 17th Amendment and the problems with the direct election of US Senators, there was one small portion of the speech that really stuck out: “Speaking to the Convention,...
repealthe17thamendment.blogspot.com   (2054 words)

  
 Hello 17th Amendment -- Goodbye Republic   (Site not responding. Last check: 2007-10-19)
The bombshell was the 17th Amendment we made to the U.S. Constitution.
The 17th Amendment should be repealed, and we should return this nation to the Republican vision of our Founding Fathers.
And the third leg of the bad legislation regardimg the 16th and 17th amendments of 1913 is the Federal Reserve Act.
www.freerepublic.com /focus/f-news/1567856/posts   (3602 words)

  
 SHC moved against 17th amendment -DAWN - National; 03 January, 2004
KARACHI, Jan 2: A constitutional petition was filed in the Sindh High Court by Sohail Hameed, advocate, on Friday in which he prayed to the court to restrain the government from acting upon the 17th amendment as it was "without lawful authority and void".
He stated that the Supreme Court held that no amendment shall be made in salient features of Constitution, viz federation, parliamentary form of government, blended with Islamic Provision and independence of judiciary.
They maintained that the 17th amendment to the extent of omission of word Muslim in Article 51 and 62 (b) of Constitution amounts to amendments in Islamic ideology of Pakistan and prayed to the court to declare it void and in violation of Supreme Court verdicts in Mahmood Khan Achakzai and Zafar Ali Shah cases.
www.dawn.com /2004/01/03/nat18.htm   (416 words)

  
 Devvy Kidd, States must force 17th Amendment showdown February 4, 2005
All of that changed with the fraudulent ratification of the 17th Amendment.
Last summer, I prepared a working paper for Rep. Henry McElroy of the New Hampshire state Legislature on the history of this amendment and why it is imperative the states step forward and force a constitutional showdown.
They are incontrovertible and prove without question that Secretary of State William Jennings Bryan, on May 31, 1913, knowingly and willfully issued a memo declaring the 17th Amendment ratified even though he knew the required number of states did not ratify it.
www.citizensforaconstitutionalrepublic.com /kidd2-4-05.html   (923 words)

  
 Repeal the 17th Amendment   (Site not responding. Last check: 2007-10-19)
As George Mason University law professor Todd Zywicki has noted, prior to the 17th amendment, senators resisted delegating power to Washington in order to keep it at the state and local level.
This went by the boards in 1913 with the ratification of the 17th Amendment; from then on, senators were elected by popular vote.
Obviously the smart thing to do is to repeal the 17th Amendment, getting rid of senatorial elections and tying the senators more closely to their states than to national special-interest groups.
republicofdixie.com /Repeal17th.html   (2296 words)

  
 The 17th Amendment: Should it be Repealed? - TLP
The problem began when, in the name of "democracy," we tinkered with the fundamental structure of the Constitution by adopting the Seventeenth Amendment.
But scholars make a convincing case that this conventional wisdom is wrong, and that instead, it was the Seventeenth Amendment (along with the Sixteenth Amendment, which created federal income tax and was also adopted in 1913) that was the driving force behind federal expansion.
He contends that the true backers of the Seventeenth Amendment were special interests, which had had great difficultly influencing the system when state legislatures controlled the Senate.
www.lawfulpath.com /ref/17th-repealed.shtml   (1857 words)

  
 NWV -- NH votes on 17th Amendment Resolution
Whereas, the 10th amendment declared a division of authority between the states and the United States and was for the first 140 years of this nation invoked by the Supreme Court of the United States as a constitutional limit of congressional power as against the powers of the several states; and
Whereas, the ratification of the 17th amendment in 1913 changed the election of the United States Senators from the state legislatures to the popular vote of the people of the states, thereby divesting the states of any direct voice in the federal government; and
However, in a spate of populism, the 17th Amendment to the Constitution, which changed the way senators were elected, was ratified, thus negating much of the brilliance which created a fair balance of powers between the federal and state branches of government.
www.newswithviews.com /NWVexclusive/exclusive13.htm   (1727 words)

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