First, we need to understand why it should.
Although most citizens do not see a difference between a state
legislature choosing its senators or voters electing them as they do their
representatives, those who understand why the Constitution created
different methods to place members in Congress see the impact the 17th
Amendment has on governance at the state and federal levels.
It is understandable citizens may not appreciate the intricacies and
the distinction between the responsibilities of those who serve in the Senate and the House.
But, this should be the case for state legislatures, for the 17th
Amendment has taken away the only power they had against the will of the
Federal government, through the direct election process.
Nor was it merely a whim senatorial terms were six years and
senators had to be at least thirty five years of age (not a youngster at our
founding), while representatives would serve two year terms, at the age of
twenty-five. It was deliberate!
The Founders wanted representatives to be accountable, using short
terms, so the people who elected them could replace them within a reasonable time
frame if they were not pleased.
Not so for senators, they would be accountable to the state, must be
older, as maturity was considered an asset in the Senate, and a lengthier term allowed
them to be more deliberative without the short election cycle hovering
over them.
But, the 17th Amendment changed all this. No longer would a
senator have to factor in what legislation meant to a state, as long as his
voters gained he could be assured his reelection would not be at risk.
To use a recent example, consider the extension of unemployment
benefits which is being battled in Congress now.
Three years ago, this issue was before Congress, and it passed as
senators joined their House colleagues and passed legislation to extend
unemployment benefits. Everyone appeared pleased, at least temporarily.
Two years later the states received a "bill in the mail"
from the Federal government. In the case
of NC, our bill was $2.5 billion, money loaned to us to pay for the extended
unemployment benefits.
Now, this was never mentioned leading up to the vote, and even if state
legislature knew this and tried stop passage, what leverage did they have?
Senators were not accountable to the states, only the people who elected them
who may not know the implication on their state, which might lead to a state
tax increase or spending cuts elsewhere!
This is a single example, and only for a relatively small amount. But,
there are huge issues affecting a multiple of states. Consider
fracking in six or eight states, or off shore drilling in twelve states aligned
along coasts.
In both cases none of these state legislatures would have 'say' as
senators do not have to consider implications of Federal moratoriums on state
economies, only the desires of voters.
As long as the 17th Amendment remains, so too does the impotency of
the states, something our Founders did not want, nor should we.
How can we abolish the 17th Amendment? It would take a extraordinary
effort, and include the public, state legislatures and members of the Senate
themselves.
They all must agree it is important to rekindle the embers of state
sovereignty to restore the intended balance between the states and the Federal
government it to the position it once had.
I'll stop here, and await your response, hopefully with some suggestions
that I will forward along.
Thanks for taking the time.
P.S. It would be interesting to see how many US
senators would appreciate the point of what is lost to the states...and would welcome
ending the
17th. I believe they like
things just the way they are....every six years, pander to a mostly uninformed
electorate who can be 'bought' with Federal goodies without caring a whit about
the burden states must
carry with expansive government, with new laws and regulations.
carry with expansive government, with new laws and regulations.
A 'good fight' can only be
waged when citizens see the damage and state legislators fight to regain what
was taken away.
Regards,
Anthony Bruno
Like all great ideas, it started with
a 'single piece of paper'....our "Declaration of Independence "
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