x
In Article V of the Constitution there is a provision that prohibits Congress from depriving a state of its equal representation in the senate without their consent. When Congress passed the proposed 17th Amendment the states were asked for permission to surrender their right to choose their own senators.
Thirty six of the forty eight states gave their consent, but 12 states did not. According to the provision in Article V, no state can be deprived of its equal representation in the senate without their consent. In other words thirty six state legislatures can not take away from the other twelves state legislatures of their right to be equally represented in the senate.
The House of Representatives was supposed to be the People's House and the Senate was created to be the State's House. The ratification of the 17th Amendment destroyed the balance of power and the sovereignty of the states.
Replies