justaschmuck9
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- Aug 1, 2022
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The 16th and 17th Amendments Led to Expanding the Tyranny of the Federal Government
What's Wrong with the 17th Amendment?
(Note: Any parts of the following that are not in quotes or are surrounded by brackets are my words)
From Andrew Napolitano’s book Lies the Government Told you
P. 62
First Napolitano calls Theodore Roosevelt and Woodrow Wilson “pernicious little tyrants” for “promoting and enacting” these 2 Amendments: the 16th (which gave us the income tax) and the 17th (that said Senators were to be elected “by the people” rather than by legislatures [even though legislators were already elected by the people).
I’m addressing the topic of the 17th Amendment first (approved on May 12, 1912, ratified in 1913) which Napolitano calls “a mortal blow to the concept of federalism [as opposed to centralized-in-DC power]."
He says that the 17th prevents state legislatures from having any influence in the federal government. “Sure, the amendment ensures that all members of congress are elected by the people, but the people of an entire state are unable to affect the actions of their US Senators; they can only vote them out of office after their lengthy, six-year terms. Furthermore, the people of every State are not trained to influence federal government policy and would not know what to do even if given the opportunity to communicate with their senators. We live in a representative democracy, not a [pure] democracy.”
Our Constitution originally provided that state legislatures control their US Senators, but the 17th "took that out of their hands, rendering the States defenseless against federal government abuses. It is no coincidence that the size of the federal government has grown exponentially since 1913 and US Senators have been controlled by special interests often exercising their influence from outside the States that the senators represent.”
We can “protect ourselves against corrupt state legislatures through term limits and campaign disclosure statements" [something we always could do, so there was no reason for a 17th Amendment]. There used to be deadlocks on Senators being appointed by legislatures but as Napolitano points out, the governor of a State could (and presumably still can) appoint a US Senator if the State’s legislature is deadlocked and does not elect a senator within 30 days.
Napolitano makes the point that an Amendment can be unconstitutional even if lawfully adopted if it violates the US Constitution as the 17th does. He calls the enactment of the 17th “more tyranny of the majority”…[and it] undermines the States’ check on federal corruption of states’ rights.” He says that these 2 Amendments have “contributed more to 1984-style Big Government than any other.. [and that]
If anyone tells you that this Amendment enfranchises voters, tell that person that the Amendment disenfranchises the States.”
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