The 17th Amendment The Case for Repeal Essay examples

The 17th Amendment: The Case for Repeal Have you ever wondered what would happen if your worst fears became reality? For the founding father and crafters of the U.S. Constitution those fears have come to roost. What was originally designed to be the foundation of our country, and the law of the land; has now been amended out of existence. The ratification of the 17th Amendment changed the country’s political landscape and weakened the U.S. Constitution by allowing Senators to be directly elected by popular vote instead of by the legislatures of the states they represent. This Amendment was a byproduct of the Democratic Progressive movement. It was believed by some that it would correct the procedural issues and perceived political†¦show more content†¦76) With this in mind the framers carefully and purposefully crafted a Constitution that divided federal powers between the legislative, executive, and judicial branches. This division of power gave each branch the ability and authority to control the o thers through a specific system of checks and balances. One check on Congress was the design of a bicameral system where Congress was divided into the House of Representatives and the Senate. Members of the House of Representatives would be elected by majority popular vote making them the direct representative of their constituencies. Members of the Senate would be elected by state legislatures making them direct representatives of the states, and proponents of the state’s rights and sovereignty. Joseph Story (1833) suggests that one main reason for the mode of appointing the Senate was to introduce a powerful check upon rash legislation, and prevent the national governments encroachment on the powers of the states (p.183). However, in passing the 17th Amendment the mode of electing the Senate as a means of partitioning federal and state power collapsed leaving the states unprotected from abuses of the central government. Flawed Reasons for Ratification One major premise behind theShow MoreRelatedThe Constitution Of The Amendment2425 Words   |  10 Pagesprotecting the 10th amendment, not only by our elected officials but by citizens as well, deviates the subtle balance of power in our nation to a detrimental state. The United States of America is just that, united States, that have the power to legislate for their constituents any laws not delegated to the Federal government inside the Constitution. With the overreach of the Federal government using the Commerce Clause, the Necessary and Proper Clause, enacting the 17th amendment, and using the â€Å"powerRead MoreThe Liberty Amendments : Review2628 Words   |  11 Pages â€Æ' The Liberty Amendments: Review In his book, â€Å"The Liberty Amendments† Mark Levin argues well on how the slow creep of federal power in the United States has slowly disenfranchised the local government under the guise of propagating and deifying a ‘national government approved’ form of democracy. The people received a message of nationalism, and personal power while at the same time receiving a watered down version of what the founding fathers had originally intended. Levin paints aRead MoreThe Age Of Prohibition By Daniel Okrent1513 Words   |  7 PagesJanuary 1920 the 18th Amendment to the Constitution of the United States of American took effect in the beginning of Prohibition. That is, that laws preventing the sale, shipment, and distribution of alcohol beverages in the United States. It was no sudden impulse of Congress and or the states, this came after eighty years of agitation, political posturing and being sick of crime rates being outrageous. Daniel Okrent seeks to explain the build up to the era passage of the Amendments, the public’s activitiesRead MoreImportant industry in California1394 Words   |  6 Pagesvineyards in California. On January 17th, 1920 the United States 18th Amendment took full effect and left its mark in Americas history. The 18th Amendment forbade the manufacturing, sale, or transportation of intoxicating liquor (Pinney 1). Moreover, â€Å"30 states submitted Prohibition to statewide referenda; between 1900 and 1919, 52 such referenda were held across 30 states† (Lewis 373). California was one of the 30 states affected by the enforcement of the amendment. This greatly affected California’sRead MoreThe Constitution Of The United States1338 Words   |  6 Pages The Constitution is the basis of law in The United States and has been since it was written in 1789. Since then it has been amended 27 times with the first ten amendments collectively known as the Bill of Rights. The US Constitution was preceded by the Articles of Confederation and supported by the Federalist Papers which we will touch more on later. James Madison, Alexander Hamilton, John Adams and Thomas Jefferson all wrote or influenced The Constitution in a very important way. Alexander HamiltonRead MoreThe United States Congress Often Comes Across Issues That2017 Words   |  9 Pagesplan. These conflicts range from a president’s term limits to even repealing certain amendments. Just because it’s written in the Constitution, doesn’t mean it can’t be revised! Here are some concerns that have been brought up through the recent years. Term limits for the Congress of the United States have been debated for quite some time. The debates were ignited after the court ruling on Inc. vs. Thornton. The case ruled that upholding a term limit on members of Congress was unconstitutional, dueRead MoreThe Prohibiton Era1616 Words   |  7 Pagesimportant parts of this time is the Prohibition Era. What is Prohibition? Prohibition is defined as the banning of alcohol use. On July 22nd 1919, this idea was put into action using the 18th amendment. The 18th amendment forbade the manufacture, distribution, and sale of alcohol (Lapsanky-Werner 229). This amendment was enforced by the Volstead Act, named after Andrew Volstead. This act was not very effective, and alcohol consumption was at an all-time high. It was said that most Americans became criminalsRead MoreDon t Tread On Me Essay1353 Words   |  6 PagesDon’t Tread on Me â€Å"Don t Abandon Due Process, Not Even for Terrorism† is an editorial written on September 22nd by Andrew Napolitano published on Reason.com. The editorial discusses the use by the American justice system of Due Process in extreme cases such as terrorism. Due Process is defined as, â€Å"fair treatment through the normal judicial system, especially as a citizen s entitlement.† Since the turn of the twenty first century, there has been a worldwide increase in the amount of large scaleRead MorePol 201 American National Government2975 Words   |  12 Pagesamending the Constitution is cumbersome and slow. While this fact explains why relatively few amendments have been adopted, it does not discourage advocates of constitutional change from proposing them. Four amendment proposals that have gained considerable attention are the Balanced Budget Amendment, the Birthright Citizenship Amendment, the Equal Rights Amendment, and the Overturn Citizens United Amendment. Select one of these proposals as the topic of your initial post and use the assigned resourcesRead MoreThe Rights Opportunity Commission Has Filed Suits Against Private And Public Practices1726 Words   |  7 Pagesprotect against employee discrimination based on sexual orientation, cases are still being taken due to controversy over state and federal laws in private and public practices. The U.S Equal Employment Opportunity Commission has filed suits against privately owned companies including, Scott Medical Center and IFCO system of the Pallet Company, in an attempt to pose an end to these discriminatory practice. There are controversial cases that take the contrary of anti-gay actions, which involve pro-gay