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Important - 17th Amendment!

Edit: Here is the Meetup: http://www.meetup.com/The-National-17th-Amendment-Group/

This thread is about the most important issue facing us today – the 17th Amendment and the States.

I had posted some of these thoughts in other posts, but felt that this needed to be brought front and center.

I am grateful to all for the work that has been done for the Revolution over the past two years. However, if there is one thing that became apparent, to me at least, during this time, it is that our focus on the Central Government is the wrong direction. If all politics are local and this is a grass-roots effort from the ground up, then we should be focusing locally to affect change nationally.

During my studies over the past couple of years there has been one issue that always nags at me and that is the 17th Amendment, although, the 14th is a close second. While it was always in the back of my mind, I kept thinking nationally in regards to what we needed to do. More recently, however, Ron Paul's individualist idealogy, along with Ed Griffin's, finally settled in and I realized that for We the People to right the ship we must start locally and with the States.

Now, if we simply all ran for and took over our State Legislatures, we still would be powerless; and, this is because of one issue: the 17th Amendment. This is where we need to focus our efforts.

When this Constitutional Republic was established, it was to be a “government of laws, not of men,” to quote John Adams. Today, however, it is the antithesis of such.

The Federal Government derived it's power from the consent of the People and the States. It couldn't exist without them. The Congress was composed of the House of Representatives, which represented you and I; and, the Senate, which represented the individual States (and, subsequently, the will of the people of each particular State) whom had ceded a part of their Soveriengty to the central government. This mechanism guaruanteed that the central government would remain chained down by law.

Article 1, 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.

It is exactly this that ensured our form of government would not become a democracy. This is the checks and balances that we had been taught of in school. This article guaruanteed that the Sovereign States, and the People thereof, who had created this new government, would be able to keep it within their control. The Senate belonged to the States and the House of Representatives belonged to the constituents.

If a senator was found not representing and carrying out the will of the State, it was the duty of the legislature thereof to recall the wayward senator and replace him with another member of the legislature, therefore, ensuring that the State, and the people thereof, were being represented in the government they had consented to.

Can you imagine the ramifications of this in todays atmosphere?

After 1913, and the passage of the aformentioned act, we became a full-blown democracy. Today senators are no longer beholden to the States. They pay no attention to their State's General Assembly and have no need to. Once they are in it is hard to get them out, regardless of how corrupt they are. Not to mention that the States, themselves, are no longer party to the Federal Government. Today, they are merely beggars.

Furthermore, it appears, from my studies, thought I haven't personally verified this myself, that this amendment wasn't even fully ratified by the required number of States, making it a law that doesn't exist, much like the 14th Amendment.

What I am proposing, though I am not sure how to do this, is get all of us involved in a push on the local level involving petitioning the legislatures of the several States to force this issue. For any members of the State legislatures who are not receptive, we make a concerted effort to unseat them and elect one of our own into the office to further the issue.

Now, if the said amendment was never truly ratified, then it is not law. The significance of this is that once we had placed a supportive majority in each State legislature, each State would then simply appoint the two senators and send them to Washington, D.C. This would force the issue out into the open. And, while I had suggested in a previous thread that the States should call a Con-Con for the purpose of repealing said amendment, it appears that this action would validate the legitimacy of said amendment, even if it never truly was ratified – so, this may be the wrong approach.

So, with all this said, who is interested? Where do we start? Do we organize a National 17th Amendment Meetup and sub-divide under it into 50 groups?

If we do not address this issue, though, we might as well throw in the towel and flee the country, because this is the key, as far as I can tell. We have been focused on the top for too long, it must start with the States.

If you are not familiar with the 17th Amendment and what it accomplished, here are some links:

17th Amendment: http://www.archives.gov/exhibits/charters/constitution_amend...
Devvy Kidd: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=42711
Tom DiLorenzo: http://www.lewrockwell.com/dilorenzo/dilorenzo93.html (thanks to wauhoo)
Bruce Bartlett: http://www.nationalreview.com/script/printpage.p?ref=/nrof_b... (thank to wauhoo)
The Seventeenth Amendment a law that never existed:
http://usa-the-republic.com/amendment_17/Our%20Senate.pdf

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Getting rid of the 17th is a must!

Thomas Jefferson once said, "The natural progress of things is for liberty to yield and government to gain ground."

Well, I guess he called that one.

Freedom Watch

Let's see if we can get the Judge to talk about this on tomorrow's Freedom Watch: http://freedomwatch.uservoice.com/pages/18725-freedom-watch-...

I voted for it.

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

Good read

And good motivation to start working on electing the right people. This seems like a really good goal and a way to direct our actions. I think with steps in that direction we can bring to light this very issue. However, I also think more people need to realize what is going on. Pushing HR1207 seems like a good step toward this ultimate goal. I think the audit the fed movement would awaken more people to the type of lies our government is purporting and allow for them to be open to bigger ideas such as this. Just my thoughts

You're thinking well....

The 17th needs to go. I see it as a real shortcut around all that ails us.

BUMP!

This is too important to let go of!

"If virtue and knowledge are diffused among the People, they will never be enslaved. This will be their great security."
-Samuel Adams-

Bukmp.

*

The 17th Amendment and

The 17th Amendment and Sovereignty: http://mrossarr.nixsyspaus.org/17thamend.shtml

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

Got yor reply Sam and I'm on it....

:)

Oh, this is great!

I am so grateful to have my attention redirected to this important topic. I have always been troubled by this, but I never knew this amendment passed in the same year as the Fed and the Income Tax. Thank you so much for posting this and for the links (though I could not get the Devvy Kidd article to come up...)

Thanks again! Yet another weapon in our arsenal!

Repeal the 17th Amendment!

This would not only achieve so much more than each state passing 10th amendment resolutions, this would ensure that each state's 10th amendment rights were guaranteed!

This is the only guarantee!

What member of any state legislator would pass up on this kind of power?

This is real revolutionary, grass-roots stuff that should be pursued with vigilance.

=======
"The consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of the ruin which has overwhelmed all those that have preceded it."

- Robert E. Lee, 1866

=======
"The consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of the ruin which has overwhelmed all those that have preceded it."

- Robert E. Lee, 1866

I've been away reading your material Sam....

and I've got to tell you that I am stoked...this may be a silver bullet....

Have you read the response I

Have you read the response I posted to you in the other thread regarding the third view-point on the legitimacy of the amendment?

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

Yes, thank you.

:)

Great! We need your help

Great! We need your help and input.

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

The Patrick Henry Caucus

I also think we need to get this new state legislature caucus on board: http://thepatrickhenrycaucus.org/

This guy is one of its founders: http://le.utah.gov/house/members2005/bios2005.asp?id=52

SAM...I sent you an email....

Sorry. In the wrong place.

I replied

I replied back.

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

Bump

I think the best strategy is to get a legislature to appoint senators and force the legal battle. Congress as it stands today will never agree to repeal the amendment, and plus, if it is illegitimate to begin with it can't even really be 'repealed.'

A Con Con is definitely a bad idea, though, and here's why: http://www.eagleforum.org/topics/concon/pdf/WarrenBurger-let...

I agree that a Con Con

I agree that a Con Con controlled by special interest would be a bad idea. That is why we would all need to take over our state legislatures with constitutionalists. This, obviously, is a task of mammoth proportions.

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Repeal the 17th Amendment!

http://www.meetup.com/The-National-17th-Amendment-Group/

AMPLIFYING THE TENTH

AMPLIFYING THE TENTH AMENDMENT
31 Arizona Law Review 915 (1989)
John MacMullin

In Garcia v. San Antonio Metropolitan Transit Authority,1 the Supreme Court held that state interests are more properly protected from federal encroachment by the procedural safeguards found in the federal political process rather than by judicially defined limitations.2 Justice Powell, in a strong dissent, asserted that the majority's decision reduced the tenth amendment to "meaningless rhetoric."3 In explaining its decision, the majority observed that State governments, through equal representation in the Senate, retain sufficient influence over the federal political process to insure their autonomy and sovereign interests.4 The Court, however, recognized that the seventeenth amendment, which provides for the popular election of Senators, may have diminished the influence that state governments have over the federal political process and, thereby, the effectiveness of the states' role in that process.5 In South Carolina v, Baker,6 the Court reiterated its position in Garcia, and also held that in order to obtain relief, states must show that the federal political process operates in a defective manner.7

Baker provoked a heated response from the Chairman of the National Governors Association.8 This response typified the reactions of others also alarmed that an excessive centralization of authority in the federal government, and a corresponding denigration of the status of the states in the federal system, may be occurring.9

Continue: http://liberty-ca.org/presentations/articles/ampliffying10th...

Our best action

kw said: "Perhaps we are nearing the time when 'enough' people will demand irrefutable proof from government sources that such is not the case."

The best way to force the government to "prove" its case, is to ignore a law and force them to prove beyond reasonable doubt that the law was broken.

In doing so, the defendant would have the constitutional right to question the constitutionality of the law. The burden of proof would be on the prosecution.

It seems to me, the first order of business would be to challenge the ratification in a court of law.
Surely, because of the records available through the Congressional Record, evidence to support the legitimacy of the ratification or the lack of legitimacy is able to be acquired.

If no legitimacy of ratification is found, then all we need is for some states
like Arizona and California to issue a proposition declaring that their respective legislatures shall appoint Senators according to the Constitutional requirement and declaring that the 17th Amendment was never properly ratified.

Any Senator who opposes such action would have to prove their case.

Those states who do not have conservative enough legislatures would have to work more locally to change that.

Any other ideas or improvements out there?

OK, Question

So how do you propose we position this to people to illustrate why this is important?

This is a very deep and involved topic and for some people border line conspiracy. When I mention this topic to people the first response I get is:

"Are you nuts! Think of how much more corrupt or government would be if we let our state legislatures pick!"

While I don't agree with the sentiment, I can see where they are coming from. On the surface it sounds like a worse scenario than having the people elect them. Once I start explaining the issues and discuss checks and balances, as well as Adams, some, not many, start to understand. But I find this such a deep and difficult topic to discuss and many aren't even open-minded enough to listen.

Use state legislators to recall corrupt Senators

If state legislators started recalling/removing corrupt US Senators, it would set a great precident. People would see state legislators as an anti-corruption tool -- a welcome check on Congress. Then state legislators could start appointing new Senators after they are removed for corruption.

So this could be started as an anti-corruption campaign.

How else do you remove a corrupt Congressman, anyhow? If not through the state legislators. In fact, I think the State Legislators should set the salary of their own Senators too. Why should Congress set their own salaries and benefits? That's crazy!!!

We may find the key

when HR 1207 passes overwhelmingly in the House and there are still no cosponsors of the Senate companion bill. Let the pundits have at it and ask why. Show the clip over and over of Sen. Durbin stating that "the banks own the Senate" and finally people will realize that the Senate is a corrupt bunch of millionaires. Then we can hammer our point that it wasn't always that way and it can be changed by repealing the 17th Amendment. Again, this needs to be coupled somehow with the current 10th Amendment muscle flexing currently being debated in State Legislatures around the country.

That is why I started this

That is why I started this dialogue and the meetup, so we could figure out how to put this in motion.

PLEASE, call me....Collect

PLEASE, call me....Collect if you have to. tell operator your name is Ben Franklin. I can answer your question, just not here at this time. My cell # 417-689-0069

YOUR servant for freedom, Clay Carey

Did you get my email?

Did you get my email?

I'm in

Just tell me when and how. If 1207 doesn't go through who knows what to expect. We need to do something to at least postpone the revolution that should ensue if the private Federal Reserve business continues to charge our country and it's tax payers unnecessary interest, and buy off politicians and presidents.

"How fortunate for governments that the people they administer don't think"

Adolf Hitler

We are all excited about HR 1207

with 112 cosponsors. Even if it passes the house it will hit a brick wall in the Senate. Remember, Richard Durbin (D-IL) actually said "The Banks Own the Senate". That is why this 17th Amendment Repeal issue is so important. We need to change the most corrupt body in American politics back to what the Founding Fathers envisioned, a body representing the States and protecting them from wild and crazy bills out of the House.

Note: The companion bill S604

has 0 cosponsors in the Senate. What does that tell you?

You are right wauhoo. I

You are right wauhoo. I don't see this passing in the Senate.

And, I wonder if this isn't the exact reason why the 17th Amendment was passed. Andrew Jackson couldn't have succeeded in defunding the BUS without the state legislatures keeping pressure on the senate.

I am pleased with the responses and thought that this thread has provoked, but I truly thought more here would recognize just how significant this issue is.

We have our work cut out for us

educating the masses, even here on the DailyPaul. This needs to rise to the top of the agenda. Keep it bumped and maybe this obscure issue will finally catch on. It has to if we are ever going to climb out of our mess.

I agree, we do have a tough

I agree, we do have a tough row to hoe. But, it is doable, if we all united on it. This is something that could truly happen because we have a better chance of influencing our state legislatures, than we have at gaining the attention of Congress.

Look forward (part II)

Again, I would encourage us all to think primarily about a process for educating state legislatures, state executives, and common citizens about the 17th Amendment and the benefits that would come from repeal. I believe that we're playing on the fringes when we argue about a) methods for repeal, b) the process by which the 17th was (or wasn't) ratified, or c) whether the present day Senate is valid. Those are interesting theoretical questions, but the answers to those questions do not advance our cause. I suggest that the initial problem to be addressed is this: an extraordinarily small minority of stakeholders have any idea what the 17th Amendment is, and how it impacts the structural integrity of the original constitution. The question that I put to this group is: how best do we educate enough people to achieve critical mass? Without enough stakeholders being educated, we have no movement at all, we have an intellectual exercise.

http://www.restorefederalism.org

Repealing the 17th Amendment beats secession

However, short of a con-con it will be hard to do since the Senate must agree to it. So we would need to give Senators an incentive to agree. Something like- allowing them to finish their current term and be automatically appointed for the next term. And letting them keep all the campaign cash tax free. This may get enough to go along, especially the older ones who may only care about 1 more term. And maybe throw in a promise not to seceed or enforce the 10th amendment.

It would be nice to challenge the legality of the 17th amendment but that is unlikely to go very far. The courts are rigged, we wouldn’t get the time of day like the Obama birth certificate saga.

Repudiate it and cut out the courts.

Hi Liberty and all,

The 17th is invalid on it's face. The reason can be found in the last clause of article 5 US Const. "and that NO state, without its consent shall be deprived of it's equal suffrage in the Senate."

There were 10 that "never consented" by their refusal to ratify. The suffrage was changed from the state legislatures to the people without the consent of the legislature for at least 10 states. Also, article 5 says nothing about the permanance of any such consent so by amendment 10, the states who did consent can withdraw it at any time. This shows that the 17th would be on very shaky ground even if there was 100% consent. All any state needs to do is declare the 17th invalid (because it is), select their senators in the legislature and send them to D.C. Simple.

Before anyone reading this says something like "Well the people are the state," let me pre-emptively answer by saying that is incorrect. If that were true, the following wording in the 10th Amendment wouldn't make sense: "are reserved to the states respectively, or to the people." If they were the same, there'd be no reason to include both in the very same sentence.

Another argument I always get is, "well, they still have equal suffrage because each state still has 2 senators." True, each state has 2, but that is a myopic view that focusses on the first term, "equal" at the expense and ignorance of the 2nd, "suffrage." The issue isn't how many, it's whom they now represent. That has been changed in violation of article V last clause.

Now, for the courts... Once the 17th has been declared invalid per art. V by a state that never "consented" it would then follow that the senate is improperly seated, and has been since the first "election" of senators by the people (read here 1914 or 1916). That being the case, all current federal judge appointees have been confirmed by an improperly seated Senate and are not actually confirmed and therefore, the entire federal bench is vacant. The state in question could simply refuse the jurisdiction of the courts and could argue the fact that they'd be judged by a judicial system that is both vacant and was confirmed by an illigitimate Senate who didn't have the states best interest at heart.

In a repudiation move, this concept of denying the courts jurisdiction has to be strictly adhered to or it sinks. Once any high-falutin' lawyer files with the federal court an article V challenge on behalf of a state, it is sunk. They have just voluntarily subjected themselves to the courts jurisdiction. At that point, you can stick a fork in it.

For a more detailed article I wrote on the subject, see my blog:

http://blogs.myspace.com/index.cfm?fuseaction=blog.view&frie...

I have included much of it here, but the article goes much deeper.

Thanks for your time and attention.

Sincerely,
Paul C. Hanson

I like your thinking. And,

I like your thinking. And, this is exactly why we need to get involved with our state legislatures, replacing anyone who isn't interested or opposes, with one of our own. This is exactly why I formed the Nnational Repeal the 17th Amendment meetup, so we could all get unite under this cause alone, count our numbers, figure out how many people we had in each state and move forward.

To keep it from getting unwieldy, the people from each individual state could form a State Repeal the 17th Amendment group and then we could all track our progress on the National group.

However, the 10 states in question have participated

in the invalid seating of Senators. So by their own action they have consented.

Everything completed through fraud is null and void

They were fraudulently told they had to comply as the scheming sec. of state at the time Philander C. Knox, declared it ratified, in violation of article 5. It is fraud and therefore anything tainted by that fraud has no legal standing. Also, who's goint to make the state comply? the courts?? I settled that in my last message. The only other provision in the Constitution for this is the Senate to be the ultimate judge of it's elections and they could attempt to refuse seating the senators selected by the legislatures. However, one runs into that sticky point of legitimacy again. How can an illegitimate Senate make that decision? The answer is, they can't.

Paul.

SHOULDN'T THAT ALSO APPLY TO THE FEDERAL RESERVE THEN?

You would think so, since it was enacted by Congress under false pretenses, lies and deceipt! The Fed is also Fraudulent and UnConstitutional!
It makes my head spin when I think of ALL the UNConstitutional laws that are now on the books, along with the POTUS Signing Statements! We have SO MUCH work ahead of us, but I agree completely that we must begin at our State and Local levels if we are to have any hope of cutting out the CANCER that is Washington!

"If virtue and knowledge are diffused among the People, they will never be enslaved. This will be their great security."
-Samuel Adams-

Here is what would have to happen

There are 2 mechanisms for Amendments. One process starts in Congress and that has a 0% chance of happening. The second is via a convention called (for this purpose only) by 2/3 of the States (34) (and maybe the red states) and then ratified by 3/4 of the States (38) and it is a done deal. Congress has NO say in the latter process. That is why this 17th Amendment Repeal issue needs to be dovetailed with the 10th Amendment muscle flexing currently being debated in State Legislatures around the country. Spread this message far and wide.

That sounds nice enough

Except, will they stop at just this issue? Or would the delegates go off the deep end and re-write the whole thing. We may not like the result. But that would be hard to get 3/4ths of states to go along with a dramatic change to the constitution. So I would be in favor, but worried as hell about the unintended consequences.

That is why we have to take

That is why we have to take over our state legislature with constitutionalists.

It would have to be a one issue convention

No off the deep end stuff

You make a great point. I

You make a great point. I kind of chuckled about the part of keeping all the campaign cash - maybe you zeroed in on their lofty motivations.

I wish I knew where to go with this

This is an important subject to get control of the animal. But how to proceed? Have RP propose the amendment, press state legislators to propose it to Congress, where is the best place to get it started?

I think the best place to

I think the best place to get started is by joining up with others in our home States and then making a concerted effort to spread the word to the general public, press the issue on the state legislatures and run for office to replace any state assemblyman that doesn't want to confront this issue.

Start with the States.

The 17th Amendment...

a text book case of unintended consequences.

It definitely needs to be repealed and the power for choosing Senators given back to each states legislature.

It worked that way for the first 100+ years of this country's existence . That is until the elites snookered the states into relinquishing their power.

I totally agree...the focus should start at the state and local level. Washington is just too far away...not only in miles, but in the thinking of those who were elected to represent us.

Not to MENTION what it cost to BUY a SEAT in the Senate!

I believe it cost more than a million dollars to run a Senate campaign! ALL that money WASTED on more of the same crap over and over, elected by lobbyists and corporate interests and Diebold of course! They don't represent the constituents!
Here in Florida, the State Legislature is a MESS as well with a Republican majority, the former House Speaker was removed and indicted and now our own Gov. Christ has thrown his hat into the Senate ring for 2010, so now we have a battle for the Governor. Tallahassee really needs to be shook up and needs new blood! Politics is such dirty business and the reason why people don't want to get involved!

"If virtue and knowledge are diffused among the People, they will never be enslaved. This will be their great security."
-Samuel Adams-