Do We Need The 17th Amendment?

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“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” So said James Madison in the Federalist Papers.
In the Doctrine and Covenants we read, “We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.”

Government is ordained of God and is necessary for the peace and safety of society. Without it, society would descend into a state of anarchy and terror. However, since government is administered by men, and since men nearly always misuse power, government tends to grow and become more powerful and oppressive. Therefore, government must be designed to control the men in power.

The Founders feared that a national government would grow until it had usurped the power of the states and became all powerful. Therefore, the Constitution contains many mechanisms for controlling the power of the federal government. It starts by granting the federal government a limited set of powers, leaving all other powers to the states. It divides the power of the federal government between its three branches. It gives each branch of government power to help control the other branches. (To learn more about these mechanisms see the articles in our “Basics” section.)

Another important mechanism for controlling the federal government was to make it dependent upon the state governments. This was done by requiring Senators to be chosen by the state legislatures. Thus, the Senate represented the states and could protect their interests. Controlling the Senate allowed the states to maintain their sovereignty and authority and gave them a way to prevent the federal government from becoming too powerful.

The 17th Amendment to the Constitution changed the manner in which Senators were chosen. They are now chosen directly by the people through popular vote. As a result the Senate no longer represents the States and the States no longer have a way to protect their interests or to control the federal government. As a result, the federal government has grown until it has usurped the power of the states and has become the too powerful government the Founders feared. The federal government now effectively controls the state governments and dictates much of what they do.

Many people recognize that the federal government needs to be reigned in. The states complain that the federal government is too powerful and exercises too much control over them. People complain that the federal government now intrudes into every aspect of their lives. The reason is that we’ve departed from the ingenious original design of the Constitution. The Founders, under the inspiration of God, foresaw the danger of an uncontrolled federal government and put mechanisms in place to prevent it. Had we not tinkered with the Founders design, by creating the 17th amendment, the federal government could never have grown to what it is today.

The federal government can only be brought under control if the States are given the power to control it. That power was given to them by the Constitution but was lost though the 17th Amendment. If the States are to have their sovereignty and authority restored, and if the power of the federal government’s power over the people is to be reduced, then the 17th amendment needs to be repealed.

Published August 27, 2017

Do We Need a Constitutional Convention?

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From time to time there are efforts to encourage the states to call for a constitutional convention. Recent efforts have focused on amending the Constitution to require a balanced federal budget or to limit the power of the Federal Government. So far such efforts have failed. Many fear that a constitutional convention cannot be controlled and proposed amendments could alter or destroy the Constitution itself and strip us of our liberties.

Some states have called for a convention but placed limits on what types of amendments their representatives to the convention could propose or support. However, the Constitution sets no limits on the types of amendments that can be proposed (with two exceptions) nor does it give the states power to set limits. So it is doubtful that such limits can be enforced by the states. Many of the delegates to the original Constitutional Convention of 1787 had been instructed to only amend the Articles of Confederation and nothing else. However, they ignored their instructions and drew up an entirely new constitution. The same could easily happen again.

Some argue that if a constitutional convention produced bad amendments the state legislatures could merely refuse to ratify them. However, ratification can be done by either the state legislatures or by special conventions. Congress decides which. So Congress could call for special ratification conventions and completely bypass the state legislatures. The 21st Amendment was ratified in this manner. The Drafters of the Constitution chose to have it ratified by special conventions in the states and bypassed the state legislatures. The legislatures could easily be bypassed again.

There is no guarantee the states can limit the type of amendments proposed in a convention, nor is there a guarantee the state legislatures will have the opportunity to block bad amendments. In short, when states call for a constitution convention they may be starting a process they can neither control nor stop. The end result may be a changed constitution that no longer protects our liberties.

What the states appear to want is some measure of control over the Federal Government. They seek to gain that control by amending the Constitution itself. However, the Constitution originally gave the states power over the Federal Government. That control came through Senators being chosen by the state legislatures. With the states controlling the Senate, the Federal Government could be kept under control by the states.

The 17th Amendment changed the way Senators are chosen. They are now elected directly by the people. The states gave up control of the Senate when they ratified the 17th amendment. A better way for the states to reign in the Federal Government would be to work for the repeal of the 17th Amendment. That repeal could be done via Congress and thus avoid the dangers of a Constitution Convention.

Published March 5, 2017