Amendment 17

According to the original wording of the US Constitution, US Senators are ambassadors of the states. 

The founders voiced their opinions about the importance of senators being appointed by state legislators and not elected by the populace.  They believed that because senators were appointed by the state legislatures they would be vigilant in supporting their states’ rights against infringement by the legislative or executive of the United States.  They knew that if a senator abused the confidence of their state, they would be sure to be displaced.

Federalist 45 Madison wrote that since the Senate will be elected by the State Legislatures, it will owe its existence to the favor of the State Governments and must consequently feel a dependence.  They would be disinclined to invade the rights of the individual States, or the prerogatives of their governments.  

Before the 17th amendment senators took their instructions from state legislatures very seriously. 

·      John Quincy Adams resigned his Senate seat in 1809 because he disagreed with state legislature’s instructions to oppose Jefferson’s trade embargo

·      Senator David Stone (NC) resigned in 1814 after his state legislature disapproved of his collaborations on several legislative issues. 

·      Senator Peleg Sprague of Maine resigned after opposing his state legislature’s instructions to oppose the rechartering of the Bank of the United States.

·      Seven southern senators resigned rather than obey their state legislators about censuring president Andrew Jackson. 

THAT was the power that States had before the 17^th amendment!

In 1913 The 17the amendment was passed and changed all that!  Senators are now elected by the general public, and not the state legislature. 

What does this mean?  It means that if federal government tries to impose on states rights, there is no incentive for senators to stand up against them. They sure aren’t gonna lose their jobs over it like they would have before the 17^th amendment.  They will not be removed from office if they refuse to stand up for states rights. 

I have heard people say they want their voice heard and so the 17^th amendment is favorable because they feel their voice is heard.  We must be cautious when people call for democracy in this fashion.  Democracy is dangerous.  It can lead to the majority trampling the rights of the minority.  The word “Democracy” does not appear in the Declaration of Independence, the Constitution, the Pledge of Allegiance, or any of the 50 state constitutions.  In fact, Thomas Jefferson declared, “A democracy is nothing more than mob rule, where 51% of the people may take away the rights of the other 49%”.  At least 10 other founders spoke against Democracy and instead set up a Republic for us. 

My favorite is from Federalist #10 written by James Madison.  “pure democracies have ever been spectacles of turbulence and contention; have ever been incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths”.

The next time someone touts saving out democracy or loving the 17^th amendment because it makes them feel they have a voice, remember that our founders warned us against a democracy and tried to protect our rights by setting up a Republic.  Remember that States had tremendous power before the 17the amendment.