Friday, November 17, 2017

Should we repeal the Seventeenth Amendment?

John Daniel Davidson writes in the Federalist,
The Seventeenth Amendment says U.S. senators must be elected by popular vote, instead of by state legislatures. Adopted in 1913 during the height of the Progressive Era, the amendment supersedes the provisions in the Constitution that required senators to be elected by state legislatures.

The idea that state legislatures would elect senators might seem odd nowadays, but creating some distance between the popular vote and the election of senators was crucial to the Founders’ grand design for the republic. The original idea, spelled out in The Federalist Papers, was that the people would be represented in the House of Representatives and the states would be represented in the Senate. Seats in the House were therefore apportioned according to population while every state, no matter how large its populace, got two seats in the Senate.

The larger concept behind this difference was that Congress needed to be both national and federal in order to reflect not just the sovereignty of the people but also the sovereignty of the states against the federal government. In Federalist No. 62, James Madison explained that Congress shouldn’t pass laws “without the concurrence, first, of a majority of the people, and then of a majority of the states.”

John's major argument seems to be that if states elected senators, we would not get senators like Ted Kennedy or Roy Moore. I'm not convinced. Read more here.

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