Checks and balances, in referring to the federal government, are commonly thought to apply to the Executive, Legislative and Judicial branches of the government to keep one branch from seizing power. This system of checks and balances could rightly be called a horizontal check, and applied only to the federal branch of the government.
Little understood by many is the “vertical check” that was placed on Congress to ensure that the states had their fair say in the running of the federal government. That “check” came in the form of the Constitution itself under Article I, Section 3.
“The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.”
First one must understand that the federal government is an agent, hired by the states and the people, to represent our interests in national and international matters. The people have their voice in the federal government through the election of Representatives to the House of Representatives. The states were to have their voice through the Senate.
But passage of the 17th Amendment changed all that. The 17th Amendment reads: “The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
“When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
“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.”
The once powerful voice of the sovereign states was effectively silenced by passage of the 17th Amendment and was replaced by the now extremely powerful voice of special interest groups led by lobbyists for various causes and interests. State governors have become mere figure-heads, the senate has become a mini-House of Representatives (only with more power), and the people? Well, we appear to exist only at election time when the hogs belly up to the trough for even more federal largess.
People from states other than Massachusetts can do little more than stand by helplessly as Senators such as Ted Kennedy set up literal empires on Capitol Hill, delay presidential appointments and even stick their noses in international affairs. Ex- Klansman and former KKK Exalted Cyclops and Kleagle Robert Byrd set up such a senatorial empire in West Virginia. (Hmmm. I wonder how Byrd feels about Barack Obama running for president.)
Brilliant thinkers with minds far greater than mine have eloquently called for the repeal of the 17th Amendment. It may be the only way to silence the likes of Kennedy and Byrd and believe me, there are more Senators on the Hill just like them only less well known.
James Madison was not only involved in structuring the system, but was also a keeper of its contemporaneous record. He explained in Federalist No. 10 the reason for bicameralism: “Before taking effect, legislation would have to be ratified by two independent power sources: the people's representatives in the House and the state legislatures’ agents in the Senate.”
The need for two powers to concur would, in turn, thwart the influence of special interests, and by satisfying two very different constituencies, would assure the enactment was for the greatest public good.
The system as designed by the Founders was in place for a century and a quarter, from 1789 until 1913, when the Seventeenth Amendment was adopted. The Framers' plan both protected federalism and ensured that relatively few benefits would be provided to special interests.
The 17th Amendment can be repealed if people demand their states and state legislatures vote for repeal and send that demand to Washington. If the Senate then refuses to agree, well then, maybe it’s time to find new Senators who agree the states should have a voice in the running of our Republic. We must demand the federal government repeal the amendment and adhere to the Constitution and the original intent of the Founding Fathers.
Little understood by many is the “vertical check” that was placed on Congress to ensure that the states had their fair say in the running of the federal government. That “check” came in the form of the Constitution itself under Article I, Section 3.
“The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.”
First one must understand that the federal government is an agent, hired by the states and the people, to represent our interests in national and international matters. The people have their voice in the federal government through the election of Representatives to the House of Representatives. The states were to have their voice through the Senate.
But passage of the 17th Amendment changed all that. The 17th Amendment reads: “The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
“When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
“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.”
The once powerful voice of the sovereign states was effectively silenced by passage of the 17th Amendment and was replaced by the now extremely powerful voice of special interest groups led by lobbyists for various causes and interests. State governors have become mere figure-heads, the senate has become a mini-House of Representatives (only with more power), and the people? Well, we appear to exist only at election time when the hogs belly up to the trough for even more federal largess.
People from states other than Massachusetts can do little more than stand by helplessly as Senators such as Ted Kennedy set up literal empires on Capitol Hill, delay presidential appointments and even stick their noses in international affairs. Ex- Klansman and former KKK Exalted Cyclops and Kleagle Robert Byrd set up such a senatorial empire in West Virginia. (Hmmm. I wonder how Byrd feels about Barack Obama running for president.)
Brilliant thinkers with minds far greater than mine have eloquently called for the repeal of the 17th Amendment. It may be the only way to silence the likes of Kennedy and Byrd and believe me, there are more Senators on the Hill just like them only less well known.
James Madison was not only involved in structuring the system, but was also a keeper of its contemporaneous record. He explained in Federalist No. 10 the reason for bicameralism: “Before taking effect, legislation would have to be ratified by two independent power sources: the people's representatives in the House and the state legislatures’ agents in the Senate.”
The need for two powers to concur would, in turn, thwart the influence of special interests, and by satisfying two very different constituencies, would assure the enactment was for the greatest public good.
The system as designed by the Founders was in place for a century and a quarter, from 1789 until 1913, when the Seventeenth Amendment was adopted. The Framers' plan both protected federalism and ensured that relatively few benefits would be provided to special interests.
The 17th Amendment can be repealed if people demand their states and state legislatures vote for repeal and send that demand to Washington. If the Senate then refuses to agree, well then, maybe it’s time to find new Senators who agree the states should have a voice in the running of our Republic. We must demand the federal government repeal the amendment and adhere to the Constitution and the original intent of the Founding Fathers.
