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Topic: Seventeenth Amendment


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In the News (Tue 1 Dec 09)

  
  Seventeenth Amendment to the Constitution of Pakistan - Wikipedia, the free encyclopedia
The Constitution (Seventeenth Amendment) Act, 2003 was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf.
Should the President win a majority in a vote of confidence in the electoral college within 30 days of the passage of this amendment, he shall be deemed to be elected to the office of President.
Ten laws had been added by the LFO to the Sixth Schedule, which is a list of "laws that are not to be altered, repealed or amended without the previous sanction of the President." After this amendment, five of those laws will lose their Sixth Schedule protection after six years.
en.wikipedia.org /wiki/Seventeenth_Amendment_to_the_Constitution_of_Pakistan   (506 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   (3846 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.
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.
www.constitution.org /afterte_.htm   (1557 words)

  
 Amendments to the Constitution of the United States
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.factmonster.com /ipka/A0749825.html#A0749833   (1995 words)

  
 The Seventeenth Amendment and the Death of Federalism   (Site not responding. Last check: 2007-10-08)
The consequences of the ratification of the Seventeenth Amendment on federalism, however, went completely unexplored, and the people, in their desire to make the Constitution more democratic, inattentively abandoned what the framers regarded as the crucial constitutional means for protecting the federal/state balance and the interests of the states as states.
Following ratification of the Seventeenth Amendment, there was a rapid growth of the power of the national government, with the Congress enacting measures that adversely affected the states as states[v]—measures that quite simply the Senate previously would never have approved.
Most political leaders during this lengthy campaign to secure the adoption and ratification of the Seventeenth Amendment clearly did not appreciate the framer’s understanding that the principal means of protecting federalism and preventing the transfer of the "residuary and inviolable sovereignty of the states"[xxv] to the national government was the mode of electing the Senate.
www.freerepublic.com /focus/f-news/996315/posts   (9866 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)

  
 Seventeenth Amendment to the United States Constitution   (Site not responding. Last check: 2007-10-08)
Amendment XVII (the Seventeenth Amendment) of the United States Constitution passed on April 8, 1913 and first in effect for the election of 1914, amends United States Constitution/Article One to provide for the direct election of Senators by the people of a state rather than their election or appointment by a state legislature.
The Seventeenth Amendment restates the first paragraph of Article I, section 3 of the Constitution and provides for the election of senators by replacing the phrase chosen by the Legislature thereof with elected by the people thereof.
The other Progressive amendments were: the Sixteenth Amendment to the United States Constitution (created the income tax), the Eighteenth Amendment to the United States Constitution (started Prohibition of alcoholic beverages), and the Nineteenth Amendment to the United States Constitution (gave woman the right to vote).
read-and-go.hopto.org /US-Constitution/Seventeenth-Amendment-to-the-United-States-Constitution.html   (1453 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.
Instead, the 17th Amendment should have fixed the procedural problems and left the balance of power between the states and the federal government intact.
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)

  
 wikien.info: Main_Page   (Site not responding. Last check: 2007-10-08)
Much wrangling characterized the debates, but in the summer of 1912 the House finally passed the amendment and sent it to the states for ratification.
Connecticut's approval gave the Seventeenth Amendment the required three-fourths majority, and it was added to the Constitution in 1913.
The 17th Amendment is one of the "Progressive Amendments", which were all passed around the same time and with the support of this political group.
pardus.info /index.php?title=Seventeenth_Amendment_to_the_United_States_Constitution   (1223 words)

  
 Seventeenth Amendment [2003]   (Site not responding. Last check: 2007-10-08)
Seventeenth Amendment is basically the Legal Framework Order 2002 that has been accepted as part of the Constitution with minor modifications and may be, therefore, termed as an LFO-amended Constitution.
The amendment allows General Pervez Musharraf to serve out his term as President, which ends in 2007, and formalize special powers he had decreed himself giving him the right to sack the prime minister and disband parliament by decree.
In return, Musharraf agrees to step down as army chief, supposed to be the main source of his power, by December 31, 2004.
www.storyofpakistan.com /articletext.asp?artid=A150   (335 words)

  
 The Failure of the 17th Amendment
At the federal level, the Seventeenth Amendment is unique for having been the first and, to date, the only successful incursion of populist reformers against the representative structure instituted by the founding fathers.
Furthermore, considering not only that the Senate itself endorsed the amendment but that all of the legislatively elected incumbents renominated for Senate seats went on to win in the popular elections of 1914, it is difficult to determine precisely which of the "special interests" had been defeated by its ratification.
At the same time that the Seventeenth Amendment was in the process of ratification by the states, members of the Senate judiciary committee proposed the popular recall of federal judges.
www.nhinet.org /hoebeke.htm   (5182 words)

  
 REPEAL THE 17TH AMENDMENT
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.
The Seventeenth Article of Amendment to the Constitution of the United States is hereby repealed.
www.articlev.com /repeal_the_17th_amendment.htm   (2182 words)

  
 AGO_1951-53_No_479   (Site not responding. Last check: 2007-10-08)
The term "general election" as used in the Seventeenth Amendment to the state constitution includes a school district election if the statute governing the election requires that it be held on a fixed date at regular intervals.
The term "general election" as used in the Seventeenth Amendment is broad33 enough to include a school district election if the statute governing the election requires that it be held on a fixed date at regular intervals.
  We conclude that the definition of the term "general election" as used in the Seventeenth Amendment should be the same as that set forth in the case of Robb v.
www.atg.wa.gov /opinions/1951-53/opinion_1951-53_479.html   (685 words)

  
 Seventeenth Amendment to the U.S. Constitution
The 17th Amendment to the U.S. Constitution MUST be repealed if we are ever going to restore the balance of power between the government and the people.
The amendment was subsequently ratified by Louisiana, June 11, 1914.
The amendment was rejected by Utah (and not subsequently ratified) on February 26, 1913
incometaxfreedom.com /YTF/17thAmendment.html   (269 words)

  
 The Lost Federalism - The Politic - National   (Site not responding. Last check: 2007-10-08)
The Seventeenth Amendment is a symptom of the disease that afflicts federalism, not the disease itself.
Thus, on May 12, 1912, the 62nd Congress finally approved the Seventeenth Amendment by a vote in the Senate of 64 to 24 and by a vote in the House of 238 to 39.
Most political leaders during this lengthy campaign to secure the adoption and ratification of the Seventeenth Amendment clearly did not appreciate the framers' understanding that the principal means of protecting federalism and preventing the transfer of the "residuary and inviolable sovereignty of the states" to the national government was the mode of electing the Senate.
www.thepolitic.org /news/2004/12/05/National/The-Lost.Federalism-815416.shtml   (1939 words)

  
 Constitution for the United States of America
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Article the twelfth [Amendment X] 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.
www.constitution.org /cons/constitu.htm   (4802 words)

  
 Democratizing the Constitution: The Failure of the Seventeenth Amendment [Free Republic]
It was with no small sense of vindication that Secretary of State William Jennings Bryan signed the proclamation of 31 May 1913, declaring the Seventeenth Amendment duly ratified and incorporated into the fundamental laws of the United States.
As we shall see, even while the amendment was still being considered by the American public, there were ample reasons to doubt its effectiveness and to question the credulity, if not the integrity, of those who proposed it.
One "improvement" I would suggest to the Seventeenth Amendment would be to **ALLOW** states to use one of a few methods for selecting Senators, with any change becoming effective six years later (to avoid undue politicking in the selection).
www.freerepublic.com /forum/a3a992b2620b1.htm   (638 words)

  
 Constitution (Seventeenth Amendment) Act, 2003
Article 58 is sought to be amended to the effect that on dissolution of the National Assembly in terms of paragraph (b) of clause (2) of Article 58, the President shall refer the matter to the Supreme Court.
The amendment in Article 243 substitutes the expression "in his discretion" with the expression "in consultation with the Prime Minister".
The amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth Schedule after six years.
www.pakistani.org /pakistan/constitution/amendments/17amendment.html   (803 words)

  
 Federalism & Seventeenth Amendment.  Repeal it!
Montana bill SJ-10, to repeal the 17th Amendment, earlier in 2003 passed the Judiciary Committee 6-3 but was defeated in the full Senate Encouragement from Montana residents will be needed to pass the bill in the 2005 session.
In 1791 the state legislatures ran the United States Senate, but the 17th Amendment passed in 1913, reversed the power of the states, removing their control over Washington and creating two separate and redundant Houses of the People..
The Seventeenth Amendment, ratified in 1913, changed the method of selecting senators from election by state legislatures to popular election.
www.liberty-ca.org /seventeenth_amendment.htm   (880 words)

  
 The U.S. Constitution Online - USConstitution.net
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Amendment XXIII - Presidential vote for District of Columbia.
www.usconstitution.net /const.html   (5175 words)

  
 SEVENTEENTH AMENDMENT - STRUCTURAL ERROR - THRD 2 [Free Republic]
If George Will and others are right in assigning blame for the ascendancy of the executive upon the lack of accountability and validity of the legislative branch in performance of their function, then this is one of the places to exam.
Professor Smith discovers support for this novel proposition in the text and legislative history of the Voting Rights Act and in the legislative history of the Seventeenth Amendment, which, contrary to its placid, race-neutral text, focuses primarily on minority disenfranchisement and attempts to prevent the implied repeal of the Fifteenth Amendment.
The theory was that while the Seventeenth Amendment changed the election of senators from election by state legislatures to direct election by the people, it did not change the legal principle of the relationship between U.S. Senators and their respective states.
www.freerepublic.com /forum/a37c40f2e5679.htm   (4986 words)

  
 The Seventeenth Amendment: Should It Be Repealed?   (Site not responding. Last check: 2007-10-08)
I agree absolutely with the author's conclusion that the 17th Amendment gutshot the capacity of the states to restrain the growth of the federal government.
The final and formal stroke in disestablishing the states was the Seventeenth Amendment, which took the election of Senators out of the State Legislature and gave it to the popular vote.
The "lame duck" amendment is a triviality indicating nothing but the degradation of the charter, a scribble on the margin.
www.freerepublic.com /focus/news/750201/posts   (6665 words)

  
 BrothersJudd Blog: TEN WAS TOO MANY:
The Seventeenth Amendment and the Death of Federalism (Ralph A. Rossum, October 3-4, 2003, Philadelphia Society)
Entitled Federalism, the Supreme Court and the Seventeenth Amendment: The Irony of Constitutional Democracy, it is also a critical commentary on the spate of controversial federalism decisions recently handed down by an activist U.S. Supreme Court.
Following ratification of the Seventeenth Amendment, there was a rapid growth of the power of the national government, with the Congress enacting measures that adversely affected the states as states--measures that quite simply the Senate previously would never have approved.
www.brothersjudd.com /blog/archives/008605.html   (1247 words)

  
 Seventeenth Amendment to the Constitution of ... - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-08)
We don't have an article called "Seventeenth Amendment to the Constitution of..."
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en.wikipedia.org /wiki/Seventeenth_Amendment_to_the_Constitution_of_...   (41 words)

  
 FindLaw's Writ - Dean: The Seventeenth Amendment Should It Be Repealed?
The remedy for this inconveniency is, to divide the legislature into different branches; and to render them by different modes of election, and different principles of action, as little connected with each other, as the nature of their common functions and their common dependencies on the society, will admit.
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 Seventeenth Amendment were special interests, which had had great difficultly influencing the system when state legislatures controlled the Senate.
writ.news.findlaw.com /dean/20020913.html   (1980 words)

  
 Repeal the Seventeenth Amendment
The Seventeenth Amendment, adopted in 1913, changed the Constitution to mandate direct election of US senators.
Georgia Democratic Senator Zell Miller, who is retiring after his current term, recently proposed in a Senate speech that we repeal the Seventeenth Amendment and return to the original process.
An interesting analysis which supports this view of the origins of the Seventeenth Amendment may be found on CNN's FindLaw web site at http://www.cnn.com/2002/LAW/09/17/fl.dean.17th.amendment/.
www.neusysinc.com /columnarchive/colm0211.html   (338 words)

  
 Kidogo's World: Remarkable Remedy: III Seventeenth Amendment
Yet this amendment is remembered, if it is remembered at all, as a boring, unimportant, unremarkable "housekeeping" amendment that had something to do with the election of U.S. Senators.
Of most importance is that the Tenth Amendment expressly limited the power of the federal government to that which was specifically delegated to it in the Constitution.
Bill Benson researched this amendment along with the 16th, and found ratification of the 17th was flawed in the same way: several proposals for modification were counted as ratification.
www.sonnet.com /usr/kidogo/remedy3.html   (2619 words)

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