Constitution Club

17th Amendment is Unconstitutional

In writing the Constitution the delegates of the states wanted to create a government with limited power that could be prevented from abusing the people it wa created to protect. The following provisions were added to the Constitution to insure that the states would be able to hold the employees three branches accountable They understood that in order to remain free the provisions of the Constitution must be strictly enforced. The 17th Amendment undermines the Constitution and transfers power from the states and the people to the Wall Street bankers, lawyers and lobbyists. 

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.

The 17th Amendment violates this clause because the manner of electing senators is reserved to the states.

Article 1 Section 8 Clause 17

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) 

If the jurisdiction of Congress is limited to an area not to exceed 10 miles square they have no jurisdiction outside of the District of Columbia.

Article 4 Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

The direct election of senators utilizes a democratic election and violates the Constitutional requirement for a republican form of government.

Article V

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

There are seven states that have not given their consent and have been forced to surrender their Constitutional right to be represented in the senate.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This amendment affirms the sovereignty of the states how can the states remain sovereign if they people have a voice in both the House and the Senate, but the states are not represented at all.

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In Article V the Constitution the provision that no state can be deprived of their equal suffrage in the senate prohibits Congress have proposing any amendment that would violate the provision found in Article V.

It would be impossible to comply with the provisions of Article V and the 17th Amendment.

In order for the 17th Amendment to be added to the Constitution we would needed change Article I Section 4, Article I Section 8 Clause 17, Article 4 Section 4 and Article V. All long as those provision remain in the Constitution, the 17th Amendment violates the Constitution.

Excellent information, Keith.


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