17th Amendment

  • November 18, 2010
    A few incoming Republican senators have urged Senate Majority Leader Harry Reid to freeze any action on treaties, such as the arms treaty with Russia, during the lame duck session.

    At The Washington Note, Steve Clemons writes that these senators-elect, some of whom campaigned on the claim that lawmakers in Washington are running roughshod over the Constitution, should read the 20th Amendment. "According to the 20th Amendment to the Constitution," Clemons writes, "the respective terms of US Senators and US Representatives ends at noon on January 3rd."

    But in their letter to Reid, senators-elect Roy Blunt, Ron Johnson, Rob Portman, Rand Paul and Marco Rubio conclude, "On Election Day we were elected to represent the constituents of our respective states in the Senate. Out of respect for our states' voters, we believe it would be improper for the Senate to consider the New START Treaty or any other treaty in a lame duck session prior to January 3, 2011."

    Clemons blasts the politicians, who will not hold office until Jan. 3 for their efforts, saying they are "extralegal, irresponsible, and unconstitutional."

    "Rand Paul," Clemons states, "you owe many of your supporters a note of regret for having agreed to sign on to this letter giving your strict Constitutionalist views."

    As has been noted by some groups, such as the Constitutional Accountability Center (CAC), some Tea-Party-backed candidates, such as Paul, have, however, shown a tendency to decide what parts of the Constitution are worthy of fidelity and those that are not so worthy. For example, some Tea Party groups and candidates have revealed that they have little use for the 17th Amendment, which allows people, not state legislatures, to elect senators, and the birthright citizenship clause of the 14th Amendment.

  • June 9, 2010
    Guest Post

    By Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center (CAC)

     Cross-posted at CAC's Text & History blog

    It seems that Tea Partiers' recent political victories may have gone to their heads faster than bubbles in a glass of champagne. Flush from this electoral success, the Tea Party movement is turning its attention to the Constitution with renewed fervor. The result has been some proposals that are at turns wacky, unwise, and even dangerous to our constitutional values.

    The Tea Party's sights appear to be set on constitutional amendments ratified after the Civil War. Rand Paul, recent winner of Kentucky's Republican senatorial primary, and Rep. Duncan Hunter of San Diego have called for repeal of the 14th Amendment's guarantee of citizenship at birth for all children born in the United States-not to mention Paul's much-publicized criticism of the Civil Rights Act, legislation passed pursuant to the power given to Congress by the 14th Amendment to enforce its guarantees of equal protection, due process of law, and the rights of citizenship. Sharron Angle, the Tea Party-endorsed candidate who appears poised to win the Republican senatorial race in Nevada, has called for repeal of the 16th Amendment, which allows for a federal progressive income tax. And many Tea Party activists are pushing for repeal of the 17th Amendment, which shifted the selection of U.S. Senators from state legislatures to the state's voters.

    To repeal these hard-won parts of our Constitution would be pure folly. The constitutional changes made in the aftermath of the Civil War and the abolition of slavery wrote into the Constitution the promises of equality made in the Declaration of Independence, and gave the federal government the power to ensure that these promises were kept. The pursuit of equality and greater democracy in the 14th and 15th Amendments-the 15th Amendment secured the right to vote free from racial discrimination-continued in the 16th Amendment, which corrected a Supreme Court ruling that allowed wage income of poorer day laborers to be subject to federal tax but exempted dividend and rental income of the wealthy, and the 17th Amendment, which provided for direct election of U.S. Senators to give more power to the people and lessen the influence of corporate interests.

  • June 7, 2010
    The Tea party's fixation with calling for the repeal of the 17th Amendment, the one that allows people, not state legislatures, to elect senators continues to attract attention, largely negative. And as noted by nytimes.com columnist Timothy Egan, it is not the only amendment that some Tea Partiers are gunning for.

    Egan notes:

    Gutting the 17th Amendment is not the only object of this constitutional wrecking crew. Rand Paul, the Republican Senate nominee from Kentucky, recently attacked the 14th Amendment. That's the one that called for full citizenship rights for ex-slaves, and contains a pair of very muscular clauses on equal protection and due process.

    Paul and some of the anti-immigration activists behind the show-me-your-papers law in Arizona don't have much use for the first sentence of the 14th Amendment. This one: ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.'

    The amendment was part of the post-Civil War push to give blacks full standing - the 13th Amendment formally abolished slavery; the 14th got rid of the Dred Scott Supreme Court decision, which held that even a freed slave could not be a citizen.

    Egan also writes that some polls have shown majority-backing for repeal of these amendments. But, the columnist concludes, "Poll-testing the Bill of Rights in a troubled time is always risky proposition. In 2010, the Fourth Amendment - protection against unreasonable search and seizure - probably would not fare very well."

     

  • June 1, 2010
    There's an odd - and therefore probably not surprising - proclivity among some Tea Party members to bemoan the Constitution's 17th Amendment, and call for its repeal.

    David Firestone, in an op-ed for The New York Times, notes for us that the 17th Amendment was added to the Constitution in 1913 and provided "for the direct popular election" of U.S. senators. Before the amendment was adopted, state legislatures, "filled with men of property and stature," chose senators, Firestone writes.

    Beyond some Tea Partiers, is there a groundswell of support for dumping the 17th Amendment and allowing state legislatures to select senators?

    As Firestone notes, "A modern appreciation of democracy - not to mention a clear-eyed appraisal of today's dysfunctional state legislatures - should make the idea unthinkable. But many Tea Party members and their political candidates are thinking it anyway, convinced that returning to the pre-17th Amendment system would reduce the power of the federal government and enhance state rights."

    Firestone concludes:

    It may be true that appointed senators, accountable only to state legislators, would never approve of many useful federal mandates designed to put the national interest above local parochialism - including everything from the minimum wage to the new health care reform law.

    Not enough Americans vote. But, fortunately, almost all like the idea that they can, a thoroughly modern sentiment that will confine this elitist notion to the fringes. That means Tea Partiers who are infuriated by the health care law and everything else now going on in Washington can no longer look to James Madison for a bailout. Their best remedy is the one they seem to spurn: a vote at the ballot box.