Posted by
A. Nonny Mouse on Monday, July 06, 2009 5:00:00 PM
Ask almost anyone and they will tell you the federal government is moving way too fast these days and with the wrong issues. High unemployment, bank and state bail outs, the government's takeover of two thirds of this country's automotive manufacturing and the almost force feeding of federal government mandated health care are only a few of the problems. The make up of the highest court is about to be changed as well.
According to the (some would prefix with the word "Outdated") United States Constitution, the President of the United States may appoint advisors "...and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for..." This President has appointed more than 21 Tsars to oversee everything from Automobiles, to T.A.R.P. without notifying the Senate. Some will argue a Tsar does not need to be confirmed by the Senate since they are just "advisors". And the president has the right to advisors, but these Tsars are actually making policy decisions. That is a violation of the "Advice and Consent" clause, yet the Senate has remained almost entirely quiet.
In the Movie 1776, Edward Rutledge of South Carolina and John Adams of Massachusetts are credited with the following:
Rutledge: Gentlemen, you refuse to understand us! We desire independence, yes--for South Carolina. That is our country. And as such, we don't wish to belong to anyone. Not to England, and not to you.
Adams: We intend to have one nation, Rutledge.
Rutledge: A nation of sovereign states, Mr. Adams! United for our mutual protection, but separate for our individual pursuits. Now, that is what we have understood it to be, and that is what we will support.
There is no proof this conversation ever really took place, but it's principle was adopted as part of the Constitution. Madison, Hamilton and Jay all talked about united, yet sovereign states. The anti-federalists feared a strong central government would eventually revert back to a monarchy, thus undoing everything they fought for during the war for Independence. Thus the check between the people and the States.
A federal government that forces bailout money on the states, violates this principle.
The purpose of the United States Senate is to give the state legislatures a voice in national legislative decisions. Senators are supposed to bring ideas of how their states solve problems to a national level to help other states modify those solutions to work in their communities. Ask any state legislator how many times their U.S. Senator has inquired about the goings on in the state government. The answer is probably somewhere around zero. That is because about 100 years ago, our constitution was amended to change the accountability of a United States Senator.
(A little boring history here) There was no established standard for electing Senators. The founders thought the states would be best able to determine an appropriate method based upon each state's situation. But, allegations of corruption and arguments over the selection process, and one state not electing Senators for two years, created a cry for a standardized election process. By 1912, 29 states had adopted the "Oregon System" of electing Senators: The people elected candidates similar to a primary election system, then the state legislatures appointed the Senator from the remaining candidates.
But the 1912 Senate investigation of bribery and corruption in the election of Illinois Senator William Lorimer indicated that only a constitutional amendment mandating the direct election of Senators by a state’s citizenry would allay public demands for reform. On April 8, 1913, the Seventeenth Amendment was adopted, upon its ratification by Connecticut. Louisiana ratified the amendment two months later. The tie that bound a Senator to his state's government, was forever cut.
In a May 12th 2004 article, Bruce Bartlett wrote: Full article here ==>> http://www.nationalreview.com/script/printpage.p?ref=/nrof_bartlett/bartlett200405120748.asp
Few people today know that the Founding Fathers never intended for senators to be popularly elected. The Constitution originally provided that senators would be chosen by state legislatures. The purpose was to provide the states — as states — an institutional role in the federal government. In effect, senators were to function as ambassadors from the states, which were expected to retain a large degree of sovereignty even after ratification of the Constitution, thereby ensuring that their rights would be protected in a federal system.
The State of Florida is in a unique position. It is one of 11 states that did not ratify the 17th amendment. (Utah outright rejected it) Florida has one Senator who prefers the party line over the state's needs. He is attractive, an eloquent speaker, and a master wordsmith. One who could get you confused over the meaning of the word "Is"
Recent debate in the Florida State Legislature included the subject of allowing off-shore drilling within its territorial waters. Senator Bill Nelson has already stated publicly he will oppose this course of action. He has also stated his opposition to several other initiatives of our great state. If he is supposed to represent the State of Florida, and the State of Florida is in favor of drilling, then his views, and therefore his vote, will be opposed to the will of the state he is supposed to represent.
The Governor of Florida must call a special session of the State Legislature to reject, as the state of Utah did, the 17th amendment to the United States Constitution because it usurps state's rights under the U.S. Constitution as guaranteed by the 10th Amendment. At the same time, send a letter demanding its Senatorial representatives appear before the state's government. The state legislature must demand its United States Senators vote on national issues in accordance with its views of the issues or face the equivalent of impeachment. 17 permits the direct election of Senators, but does not prohibit the state legislatures from recalling them, or telling them what to do.
These moves would be largely symbolic, but would make a point and gain national attention.
Conneticut is another state that didn't ratify 17. It's state legislature should investigate one of its Senators for corruption charges by taking sweetheart banking deals. It could attempt to push the state's rights clause, but Judge Sotomayor would probably rule against any attempts to impeach a Senator.
There is no federal law prohibiting the states from passing laws requiring its Senators to vote its way on national issues. There is also no federal law prohibiting the states from enacting term limits on its Senators. These two points can create a slippery slope, but right now, anything is better than 17. We have enough problems with members of the House of Representatives being purchased by special interests during the election process. Take that representative, and turn them into a super representative that is away from home three times as long, and you have a recipe for corruption stew. The Constitution states that 2/3rds of the members of the Senate may expel a member. I believe that is to enable them to expel a member against the wishes of the state. Since 17 relieved Senators of their ties to the state legislatures, The states should still be able to impeach it's Senators for what it considers to be misconduct.
If the state government of Nevada had a say on the actions of its Senators, we would not have a stimulus bill riddled with pork and payments to special interests. (By the Way, appropriations bills are supposed to originate in the House of Representatives, not the Senate) If the states had more of a say in Federal issues, states wouldn't have been forced to take federal money and give up their right to self determination. If Senators had more accountability, we would not be on the brink of decimating a health care system in favor of a system like Canada or England, where people have to wait months for treatment of simple ailments, or die awaiting treatment for more serious issues that today we can treat in days instead of months. If the federal government were forced to listen to the solutions at the local level, our country would not be so dependent upon foreign oil. If the states and the people, rather than the Republicans and Democrats controlled the national debate, we wouldn't have state parks, private companies and institutions being threatened with takeover by the federal government, or family businesses forced to close.
17 forces states and the people to abide by the whims and wishes of the federal government, much the way monarchies and dictators force their will upon the people. Few would think we kicked out a king 233 years ago just to end up with our own 536 kings and queens. (Plus all the Tsars)
Thomas Jefferson once wrote:
‘All the powers of government result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government... 173 despots would surely be as oppressive as one.’
Thomas DiLorenzo, author of The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War, wrote:
The Seventeenth Amendment was one of the last nails to be pounded into the coffin of federalism in America.
Just after retiring, Senator Zell Miller of Georgia said:
''Direct elections of senators, as good as that sounds, allowed Washington's special interests to call the shots, whether it's filling judicial vacancies or issuing regulations,''
Edmund Burke of Englan once said:
"That a representative owes the People not only his industry, but his judgment, and he betrays them if he sacrifices it to their opinion."
I guess that means we really do need graft and corruption, we just don't realize it is all in our best interest.
Current campaign fundraising laws favor the incumbent. Unless they are caught in a scandal, they pretty much serve uncontested. That means they serve for life. The other thing that helps is the party machines behind each side. When Mr. Smith went to Washington, it was pretty much the last time the general welfare was considered in any legislation. Look how hard he had to work to fight charges of misconduct. Today we have Senators who openly take sweetheart deals from the special interests they are supposed to oversee and the ethics committees take forever to investigate, then seldom charge or expel the offending member. Obviously Congress is unwilling police itself.
The current system needs to change.
The Oregon system was good enough for 29 of 47 states at the time, yet it does not seem it was ever considered as an alternative to the solution that was finally adopted.
Modify the Oregon Plan for Senators. The state legislatures, during their regular session, nominate up to (say) eight candidates for consideration as Senator. The citizens of that state vote in a preliminary election to narrow the field to two or three candidates, then the legislature elects the Senator. A weighting system could be used for bi-cameral state legislatures. If a Senator is charged with misconduct, state legislatures should be permitted hold investigations, and then proceed with impeachment proceedings the same way the United States Congress can impeach judges or the President.
We need change in our government. When special interests have a louder voice than the people who put them in office, nobody's interest is served. The corruption and payoffs with the public's money makes the goings on at Tammany Hall look like pre-school, and Boss Tweed look like the schoolyard bully. It's time for real change, instead of a campaign slogan.