Constitution Club

Rescinding the 17th Amendment

Forty One states have ratified the 17th amendment and 7 states have not. If five of the 41 states legislatures that had previously embraced the 17th amendment realized that their state legislature had made a terrible mistake decided to rescind their ratification vote, the amendment would disappear.

There were 48 states when the amendment was first proposed and 36 states needed to ratify it for it be added to the Constitution, If only 35 states are on the record in support of the amendment, it would cease to be.

In 1913 the legislature in the state of Delaware voted to reject the amendment, but in 2010, Congress allowed them to change their vote to the affirmative. Utah, the only state on record that has reject the amendment has a right change their vote as do the forty states that have previously ratified the amendment.

To repeal the amendment would be virtually impossible, because it would take three a minimum of 36 states repeal the amendment.

The amendment protection clause in Article V makes it abundantly clear that Congress can not deprive a state of their equal suffrage in the senate without their consent and that is precisely what the 17th did.

Those 41 states that have ratified the 17th amendment have voluntarily given up their state's representation in the senate, but those states which have not ratified the amendment are still protected by the provisions in Article V.

The seven that have not ratified the amendment have not given their consent to give up their representation in the senate and are therefore not subject to the provisions of the 17th amendment. Any of the legislatures of the forty one states that wants to rescind their previous ratification vote they have a right to  do so

Delawasre voted against the ratification in 1913 and 97 years later in 2010, Delaware state legislature rescinded their vote to reject the ratification of the 17th amendment..

The following states that have not ratified the amendment are  The states that have not ratified the 17th amendment are Mississippi, Kentucky, Georgia, Virginia, Rhode Island and South Carolina ,Florida. and Utah.

The legislatures of these states should schedule a meeting and collectively decide to appoint their own senators. Congress

Having been passed by Congress, the amendment was sent to the states for ratification and was ratified by

  1. Massachusetts — May 22, 1912
  2. Arizona — June 3, 1912
  3. Minnesota — June 10, 1912
  4. New York — January 15, 1913
  5. Kansas — January 17, 1913
  6. Oregon — January 23, 1913
  7. North Carolina — January 25, 1913
  8. California — January 28, 1913
  9. Michigan — January 28, 1913
  10. Iowa — January 30, 1913
  11. Montana — January 30, 1913
  12. Idaho — January 31, 1913
  13. West Virginia — February 4, 1913
  14. Colorado — February 5, 1913
  15. Nevada — February 6, 1913
  16. Texas — February 7, 1913
  17. Washington — February 7, 1913
  18. Wyoming — February 8, 1913
  19. Arkansas — February 11, 1913
  20. Maine — February 11, 1913
  21. Illinois — February 13, 1913
  22. North Dakota — February 14, 1913
  23. Wisconsin — February 18, 1913
  24. Indiana — February 19, 1913
  25. New Hampshire — February 19, 1913
  26. Vermont — February 19, 1913
  27. South Dakota — February 19, 1913
  28. Oklahoma — February 24, 1913
  29. Ohio — February 25, 1913
  30. Missouri — March 7, 1913
  31. New Mexico — March 13, 1913
  32. Nebraska — March 14, 1913
  33. New Jersey — March 17, 1913
  34. Tennessee — April 1, 1913
  35. Pennsylvania — April 2, 1913
  36. Connecticut — April 8, 1913
    With 36 states having ratified the Seventeenth Amendment, it was certified by Secretary of State William Jennings Bryan on May 31, 1913, as part of the Constitution. The amendment has subsequently been ratified by:
  37. Louisiana — June 11, 1914
  38. Alabama — April 11, 2002
  39. Delaware — July 1, 2010 (After rejecting the amendment on March 18, 1913)
  40. Maryland — April 1, 2012
  41. Rhode Island — June 20, 2014

The Utah legislature rejected the amendment on February 26, 1913. No action on the amendment has been completed by: Florida,  Georgia, Kentucky, Mississippi, South Carolina, or Virginia.

The Sixteenth Amendment can be abolished if seven states rescind their previous vote in favor of its ratification.

If we put sufficient pressure on our state Legislators we can undo the damage caused by the 16th and 17th Amendments. 

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