17th Amendment, Term Limits And The Death of A Constitution

17th Amendment, Term Limits And

The Death of A Constitution

The Constitution of The United States of America, in my humble opinion, is the most important document ever written in the name of freedom! To say it was a labor of love would be far from the truth. The fact is there was much arguing, disagreement and even threats to walk away from the convention made by some of the smaller states before the document was eventually brought to life.  On July 4, 1776 the appointed members to Second Continental Congress declared to the world that The Deceleration Of Independence was a unanimous declaration of the thirteen United States of America

On May 14, 1787 The Federal Convention convened in the State House (Independence Hall) in Philadelphia. It’s purpose was to revise the Articles of Confederation, the fist constitution of the United States. 11 years of living under the Articles of Confederation had revealed some problems in the document which needed to be revised. Through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention would draft an entirely new frame of government. Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected–directly by the people or by the state legislators. The result of these meetings was the creation of  The Constitution of The United States of America

The majority of those involved in this process were strong supporters of term limits. Indeed, term limits were included in the Articles of Confederation and limitations to ones time in office addressed. Something that I never understood was why our founders; men who knew the role term limits could play in politics; understood the value they delivered. Men who believed as did the Ancient Romans, that the limiting of time one could hold a public office was the most effective way to prevent corruption in office; why they had neglected to include any language in the new constitution that would provide for term limits and a steady rotation to the gene pool of those in office. I don’t believe it was an oversight on their part, so there had to be a reason for it. After investing time and resources in search of an explanation it finally dawned on me. The reason they did not include term limits in the new constitution was because they were not needed.

When deciding how best to control government and corruption in office at every level, including the state level, and insuring that the control was always in the hands of the people and state, they came up with an ingenious solution The best way to control corruption and protect the rights of the people and the rights of the state was to give them a roll that allowed them to exercise that control. Our founders considered the ability to control government and corruption by the people and the state of such importance that it was the first thing they put in the new constitution.

Article I, Sections 1, 2 & 3 gave control of government to the people and the states. Following are the first 3 sections as originally written:

Article. I.

 Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

 Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article I, Sect 2, was the founders way of allowing the people a way to control and change government every 2 years through direct elections of their Representatives. If, after being elected, the Bums completely ignore the will of the people and pursue their own agenda, then 2 years later fire the Bums and put someone else in office who will take care of the peoples business This House of Congress also happens to be the House that decides how money is raised, giving the control of revenue to the people also.

Article I, Sect. 7 states: “All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”

Article I, Sect 3, was the founders way of allowing the states a way to control and change government through the Senators the State Legislator’s choose as their representatives. If the Bums they send to Congress fail to do the bidding of the State then, 6 years later it’s “hit the road jack!” and the state gets to send someone different. Notice that in Section 3 there are two chunks of text that are in bold, italic, underlined text. This is the original way it was worded in the constitution as written by our founders. But hold on, things start to get interesting here!

1912 – Enters the 17th. Amendment

AMENDMENT XVII: (Passed by Congress May 13, 1912. Ratified April 8, 1913.) [Note: Article I, section 3, of the Constitution was modified by the 17th amendment.]

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

WOW, there it is! Did you see that? Did you see what they just did to the states? How the alteration of a few words (47 words to be exact). changed everything? Our founding fathers gave total control of the government to the people (Article I, Sect.2) and to the States (Article I, Sect. 3) and because of this control they did not feel the need to include any provisions for term limits in the constitution. If the states were unhappy with what was going on with the government; with the course it was taking the country down; with the open and deplorable demoralization of society that it was engaging in, then they could pull their Senators and send a new batch to Congress to do the states bidding.

Sure the people still had their control but the government understood three things:

• The people of this country are so tuned out to what the government is doing; what path it’s taking us down; how much of our money that it’s wasting that they are not capable of banning together and effectively exercising the control which has been given to them. If they start to ask a few questions just give them a new “free-be” or a new electronic gadget to play with for hours on end or divert their attention from what government is doing to another area or corner of the world and they will forget about everything and never exercise he control they have. No need to change Article I, Sect. 2 because they don’t know how to use the control they have anyway

• The States are a whole different problem. They do pay attention to what’s happening; what path the country is going down; the inability of the government to beak it’s addiction to the wasteful spending of the taxpayers money. They understood that it’s am whole lot easier for the States to use the control they have, to close their hand and put a new group ODF Senators in office to do their bidding.

• Well, this was way too much power, too much control for any group to have. Especially a group that would not hesitate to use it at the drop of a hat!

With the changing of 47 words which, if read for text value only seem relatively harmless, the 17th. Amendment changed the type of governmen we were given. Failure on the part of the states and the people to understand how those few words would damage the USA as a nation; how they would forever change the balance of power in this country; how by changing 47 words the entire Constitution of The United States of America could be be rendered null and void, was perhaps one of the most destructive and dangerous mistakes we have ever made in this country.

Lobby Congress to repeal the 17th. Amendment before it becomes too late to act!