Learn why the 17th Amendment is Unconstitutional

There have been many times when states have exercised their right to nullify unconstitutional federal laws.

  • During the 19th Century many Northern States refused to comply with the Fugitive Slave Law.
  • In the 1920's many states refused to enforce the 18th Amendment and today;
  • Many states have asserted their sovereignty on the issue of Gun Control and the legalization of Marijuana.

Thomas Jefferson in the Kentucky Resolution and James Madison in the Virginia Resolution argued that states have a right to nullify laws that the states consider unconstitutional.

Article V of the Constitution guarantees;

 "...that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." 

Here are some thoughts on Article V in general from Michael Rappaport and David A. Strauss. I got this from The Constitution Center.

The 17th Amendment deprives the states of the right to appoint their own Senators to this position, thereby compromising the states' right to have a say in the affairs of the states. The idea was to separate power in Congress so as to have balance in the sensitive area of making laws and protecting the rights of the states themselves.

A body politic known as the House of Representatives would be proportioned to the people's voice. The Senate would however, be filled by trusted confidants and appointed by the duly elected representatives of each state's legislature. This would prevent them from being politicians and therefore their loyalty would remain with the concerns of the states' land, water and air and interactions with other states, etc.

This was done to protect the vote of the states from being compromised politically. The Senate is NOT supposed to be filled with politicians, but trusted employees of the state instead, as a check to runaway political power by Congress as a whole. Checks and balances.

The election of senators by the states reassured Anti-federalists that there would be some protection against the swallowing up of states and their powers by the federal government,[5] providing a check on the power of the federal government. (Wikipedia)

The 41 states to ratify the 17th Amendment have voluntarily given up their right to be represented in the Senate but;

  • Utah - rejected on February. 26th, 1913
  • Delaware - rejected  on March 18, 1913 

Further the following states have to date taken no action;

  • Florida,
  • Georgia,
  • Mississippi,
  • Kentucky,
  • South Carolina,
  • Virginia,

These states have not given their consent to removal of their suffrage and are protected by Article V, wherein again;

 "...that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." 

 

 

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  • Wake up folks. Its not our government and it certainly isn't our constitution. The real problem here is that we have a foreign owned corporation running the country with its own constitution that it only conforms to when it suits their purpose. Notice how they have shredded almost every tenet of that document because---- it belongs to them. Does anyone think that making a change in that bull shit instrument is going to lead to more freedom or a better government? Lets get real. the only way to more freedom is to to hang every one of the bastards from a light pole and re-institute our back shelved constitutional republic. Any thing less is meaningless.

    • I cannot find fault with your post, Daniel and can only request that The Fraudulent Reserve be the starting point!

  • Does not election, by the citizens of states, make U.S. Senators more responsive to the people and help keep cronyism in check? I would favor shorter and limited terms, but see little reason to have senators appointed or elected by state legislatures. If it was not properly amended in The Constitution, it requires correction.

    • Please call Keith Broaders at 916-399-4881 and I will explain why the direct election of senators is such a bad idea. In a democracy they have direct elections where the will of the majority prevails, but in a republic they have indirect elections where the best educated and well informed representatives of the people decide who the senators will be. In a democracy the majority can deprive a minority of their God given rights.

  • Article I Section 4

    The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

    Congress was granted no authority over the states regarding the election of their  senators.

  • According to Article I Section 8 Clause 17 the Congress has exclusive jurisdiction in an area not to exceed 10 miles square in a Territory known as  Washington D.C.  The Federal government has no legislative jurisdiction outside of the District of Columbia and territorial possessions of the United States. 

    • As I keep asking, which constitution are you talking about? The Constitution 'for' the united States of America [1791] has been placed somewhere in the dark. That instrument was subverted by the Rothschild/Vatican Mafia as it didn't serve their purpose.

      If you are referring to The Constitution 'of' the United States, [1871] then I pose the question, 'what difference does it make what that instrument says because it has nothing to do with us?' Its the corporate by-laws of their privately owned corporation. The only way to bring back our Original Jurisdiction outlined in the 1791 constitution whereby we had a republican form of government, is to get rid of the entire establishment running this de-facto regime.

      I'm afraid I don't know how to accomplish that feat without a total revolution. They sure as hell aren't going to go quietly. You can change all the clauses, paragraphs, sections you want but if it hinders their looting of the country and its people they will have THEIR Supreme Court declare it unconstitutional. That's always been their MO. The one they have had the most trouble defeating is the 2nd Amendment. They don't dare toss that one in the crapper in front of our eyes because we are not armed with pitchforks today and they are not looking for that confrontation----yet. With all the false flag attacks the Deep State has hit us with to appeal to the growing number of wimp asses who would give up everything for security, they are still running into a stubborn bunch of Americans who are fast figuring out who to train their sights on as this rhetoric escalates.

      God bless you folks for attempting to educate the people, but change a couple of Amendments in Their constitution appears to me to be a fruitless labor.  

  • RESOLUTION

    Whereas the Seventeenth Amendment to the United States Constitution passed the Senate on June 12, 1911 and the House of Representatives on May 13, 1912 with the claim that states completed ratification on April 8, 1913 and

     Whereas the 17th amendment supersedes Article I, Sec. 3, Clause 1 of the Constitution and transferred a U. S. Senator’s election from her/his state's legislature to popular election by voters of the state and was a major step in transforming the Republic to which we pledge an allegiance into a democracy and

     Whereas, the text of House Joint Resolution #39 of the 62nd Congress that is responsible for the introduction of the 17th Amendment states “the following amendment to the Constitution shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the States….” and

     Whereas the last sentence of Art. V of the Constitution says: “….no state, without its Consent, shall be deprived of its equal Suffrage in the Senate,” and

     Whereas the mere suggestion that three-fourths of the states could ratify this amendment is simply untrue as in 16 American Jurisprudence we find “Insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby,” therefore,

     BE IT RESOLVED the 1776 Take America Back team finds:

     1. ratification of the seventeenth Amendment was not in compliance with the letter of the Constitution much less its spirit and intent and is unconstitutional.

     since ratification of the 17th Amendment was an unconstitutional act, all laws passed by the Congress of the United States of America since April 8, 1913 are - in law - null and void.

     members of the legislatures of the “free and independent states” comprising the United States of America, upon receiving this resolution must, in order to avoid being guilty of misprision of a felony and as a giant step toward restoring lawful government to these United States of America:

    1. declare each and every act by the Federal government since April 8, 1913 null and void.
    2. replace the imposters now posing as U.S. Senators with U. S. Senators duly elected by the state legislature.
    • I stand by my earlier statements. Changing some element of their constitution is not going to change the flavor of our governance. It appears they are looking for an opportunity to have a constitutional convention, not to go back and correct any misguided amendments but to scrap the whole thing. That wouldn't be a bad idea since its not our constitution but merely a set of corporate bylaws that they heed to when it is in compliance with their agenda, but it appears that their aim is to dump their constitution and supplant it with a totally new one that puts us into the North American Union.

      Now if you are aware of what a goat-screw the European Union has been that the English folks have been trying to rid themselves of [akin to removing dog crap from your shoes], you might comprehend why it will not be in our interest to enter into a socialistic NAU.

      I'm aware that the U.S., a privately owned corporation, is already operating a communist regime here on our shores, but, unfortunately most still think they live in a Democracy---which is a far cry from our original Republican form of government. Check out Senate document 43 and see just how much you really own in exchange for your labor.  Not a damned thing. 

      And just how did they scam us out of our right to private property? By declaring us dead the moment our birth was reported. Look at you birth certificate [COLB] and you will notice that it was signed by the county Registrar. Said office is the office of probate so the State just created an 'estate' for each of us under the presumption that we were dead or lost beyond the sea.

      This regime constantly administers the estates for their profit and control. That's why everything that comes to us is addressed to the all caps straw man estate, a Govco created fiction to hold everything we work for including our labor. This should clear up the reason for the all caps fictional entity name they use when engaging us. It is referred to as 'glossa', 'Dog Latin', 'the Justinian Deception', or even more concisely, 'the language of the dead'.

      Govco created the estate and therefore controls it and everything in it, that is, until the rightful owner rebuts the presumption of death and reclaims the estate.Don't feel too bad about falling into this trap. It has been going on for hundreds of years for its intended purpose of enslaving mankind.

      The Vatican [original mafia of planet earth] teamed up with the Rothschild banking cabal for a dynamic duo of criminality. They added the U.S. military for their clobbering stick to bring all the un-enlisted countries of the world into their control.

      The municipal flag of Washington DC has 3 stars on it designating: 1. The Vatican, claimed spiritual leader of the world and claimant of ownership of the entire planet; 2. The City of London, home of the Rothschild world banking empire that controls the financial dealings of every country on the planet, except the 3 remaining holdouts, and: 3. the U.S. military, that has subdued every country that has dared to refuse to give up their sovereignty to the mafia, all under the guise of keeping us free.

      Rather putrid, isn't it?   

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