Judge Napolitano: the 17th Amendment is Unconstiutional

AxisMundi, Wrong!


Wikipedia: 17th Amendment

The Seventeenth Amendment (Amendment XVII) to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which Senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, to be consistent with the method of election. It was adopted on April 8, 1913.​


The Original Constitution said:

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.​


The Founder's Intent was for America to be a Republic, not a Democracy.

1. The Constitution can indeed be changed using the criteria found within the document. This occured with the 17th Amendment.

2. We are STILL not a democracy, and we REMAIN a Constitutional Republic.

BTW, I've seen people point out the "we aren't a democracy" thing a few times on this thread. Remember that statement next time you go to the voting booth.
 
Nope. Direct election of the Senate was most certainly NOT the intent of the Founders.

Allowing the Constitution to be amended with due process by the procedures they outlined was.

People whine and bitcha bout curruption in the g'ment, yet when measures are taken to eliminate said curruption, they bitch louder.
 
First the Constitution was legally originated in the legal process to amend the Articles of Confederation. The legal process to amend the Articles of Confederation required the ratification of all states. The scope of the origination of the Constitution is plain, it was an amendment to the Articles of Confederation but it fundamentally altered the Articles of Confederation.

The initial reason for which the Philadelphia convention was called was to amend the Articles; you are correct. However, the Constitution they drafted was not an amendment to the Articles. The delegates to the convention defied their mandate and created a new document to supplant the Articles. However, what the framers did in Philadelphia was not legally-binding. It was the ratifying conventions which actually gave the Constitution legal force, withdrew the ratifying States from the union under the Articles and placed them into a new union under the Constitution.

This is your complaint of the 17th Amendment. So what do you argue? You argue the Constitution was ratified by We The People and not the States due to some popular convention theory.

No, that is not what I said. The nationalist theory of the Constitution holds that the aggregate people of the United States ratified the Constitution; that is incorrect. The compact theory of the Constitution correctly holds that the Constitution was ratified by the people of the several States; it was not ratified by state governments.

Once again, I will point out that there are multiple meanings of the word "state." You apparently fail to grasp this. The States did indeed ratify the Constitution, but it was not the state governments; it was the States as sovereign bodies politic. You can find this material covered in both Tom Woods' Nullification and Kevin Gutzman's The Politically Incorrect Guide to the Constitution.

Patrick Henry during the Virginia ratifying convention:

Patrick Henry, though he opposed the Constitution, did support the new union once it came into being; he did not recognize it as being some illegitimate body which usurped the Articles.

The Anti-Federalists were right because amendments were left to the twentieth, or tenth part of the people of America and your liberty is gone.

Of course the Anti-Federalists were right. I've already said that the Articles were superior to the Constitution.

Why do you make these arguments? Because the right thing to do is stand up to your own government and we are afraid to organize, petition, and stand up to our own government. So instead of recognizing the plain truth of the matter you try to convince people some notion of a long lost Republic that has not existed since the Civil War still exists (and we haven't even discussed or taken into consideration the Civil War fully devastates your arguments because the Civil War fundamentally changed everything forever using force and it has been so ever since).

Wrong again. While the political culture was certainly much better before the Civil War, I never claimed that it was ideal. You are creating a straw man. In actuality, I'm an anarcho-capitalist. But my ideals are irrelevant to this discussion; this is simply about legal/historical legitimacy.

Furthermore, the Union victory in the Civil War in no way impacts the veracity of my arguments; just because the Union won doesn't mean that they were right or that their actions were legitimate.

Have you ratified the Constitution?
Are you bound to the Constitution?

It seems that what you're trying to do, although you have not made your own position clear, is turn this into a debate about the entire legitimacy of established governments and social contracts, and that is not a debate I intend to have. And if that is indeed your position, then you should have made that clear at the beginning rather than trying to argue from the position the Constitution was a usurpation of the Articles, because then you would have to also argue that the Articles were illegitimate as well.
 
I am not citing people's assertions for them. If you assert something you have to substantiate it.

The initial reason for which the Philadelphia convention was called was to amend the Articles; you are correct. However, the Constitution they drafted was not an amendment to the Articles. The delegates to the convention defied their mandate and created a new document to supplant the Articles. However, what the framers did in Philadelphia was not legally-binding. It was the ratifying conventions which actually gave the Constitution legal force, withdrew the ratifying States from the union under the Articles and placed them into a new union under the Constitution.

As soon as you bring some evidence to the table substantiating your argument it can be considered. You have not offered any records of any proceedings to demonstrate otherwise. They did not defy anything, the historical definition of amendment is an alteration or change. They proposed an amendment and under the Articles of Confederation the states (by whatever definition you want to use... body politic or state government) were required to unanimously ratify any amendments. If a ratifying convention convenes and the recorded minutes say we are gathered here today to discuss X you can't claim they were discussing Y.

No, that is not what I said. The nationalist theory of the Constitution holds that the aggregate people of the United States ratified the Constitution; that is incorrect. The compact theory of the Constitution correctly holds that the Constitution was ratified by the people of the several States; it was not ratified by state governments.

Once again, I will point out that there are multiple meanings of the word "state." You apparently fail to grasp this. The States did indeed ratify the Constitution, but it was not the state governments; it was the States as sovereign bodies politic. You can find this material covered in both Tom Woods' Nullification and Kevin Gutzman's The Politically Incorrect Guide to the Constitution.

I do not debate appeals to authority. If you assert it, you cite it. I am not failing to grasp anything. Are you reading what you write?

Pay extra close attention to this section.


To illustrate the complete and total absurdity of your argument, I will perform a simple substitution of your definitions in Article V...

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States Sovereign body politics, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States Sovereign body politics, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State Sovereign body politic, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Inserting your definitions of State and the fact the so called Sovereign body politic elects Senators under the 17th Amendment the State Sovereign body politic is not deprived of its equal suffrage.


this is simply about legal/historical legitimacy.

That is all I am debating.

Furthermore, the Union victory in the Civil War in no way impacts the veracity of my arguments; just because the Union won doesn't mean that they were right or that their actions were legitimate.

Bullshit. The whole legal existence of the colonies is based on force. Force is the only thing that commands and the Treaty of Paris was evidence of authority because force was no longer in dispute.

Since the Civil war was also a dispute of force you can not hold a different legal standard. You can make a moral argument and say it was northern aggression. It is hypocritical to recognize the legal existence of the colonies following the American revolution, which was based on force, and deny the outcome the civil war, which was also based on force. Like Indians... southern States are conquered people.

It seems that what you're trying to do, although you have not made your own position clear,

I made my position clear. States ratified the "Constitution" Amendment, States ratified the 17th Amendment, and both Amendments were a change to the federal political subdivision. My position is... if you voluntarily accept the authority of the State you have no argument because when you vote, you give power of attorney to the winning delegate representative who can contract away your liberty in your own name.

is turn this into a debate about the entire legitimacy of established governments and social contracts, and that is not a debate I intend to have. And if that is indeed your position, then you should have made that clear at the beginning rather than trying to argue from the position the Constitution was a usurpation of the Articles, because then you would have to also argue that the Articles were illegitimate as well.

No, the legitimacy of existing established governments are crystal clear. As previously stated force is the only thing that commands. The legitimacy of existing established governments are based on force.

Second, you can't cherry pick the conversation. If you are going to debate ratification, origin, and legitimacy of the Constitution you can not pick and choose which aspects of origin are on or off the table.

Have you ratified the Constitution?
Are you bound to the Constitution?
 
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All this talk of the 17th, when the 13th and 14th were certainly have issues.

Perhaps because most people agree with the majority of those two Amendments, so they cannot really be usedas an empty rally point for the troops?

If we are going to discuss a real Constitutional issue, then that would be the illegality of our current Motto and Pledge.
 
As soon as you bring some evidence to the table substantiating your argument it can be considered. You have not offered any records of any proceedings to demonstrate otherwise. They did not defy anything, the historical definition of amendment is an alteration or change.

What I'm describing is common knowledge for those who understand American constitutional history. I'm not going to sit here and type out a thorough explanation of it all for you; you can go look up some of the libertarian/conservative historical literature on the subject.

I do not debate appeals to authority. If you assert it, you cite it. I am not failing to grasp anything. Are you reading what you write?

I am citing relevant scholarship. If you doubt the veracity of what I'm saying, it's your job to check my references.

To illustrate the complete and total absurdity of your argument, I will perform a simple substitution of your definitions in Article V...


Inserting your definitions of State and the fact the so called Sovereign body politic elects Senators under the 17th Amendment the State Sovereign body politic is not deprived of its equal suffrage.

Incorrect. The meaning of "State" in Article V does actually mean state government, a conclusion which can be reached by analyzing the historical context. It was state governments which were represented in the Senate, according to the compact agreed to by the States as sovereign bodies politic.

The whole legal existence of the colonies is based on force. Force is the only thing that commands and the Treaty of Paris was evidence of authority because force was no longer in dispute.

Since the Civil war was also a dispute of force you can not hold a different legal standard. You can make a moral argument and say it was northern aggression. It is hypocritical to recognize the legal existence of the colonies following the American revolution, which was based on force, and deny the outcome the civil war, which was also based on force.

This is completely ridiculous. There is an obvious difference between the colonies declaring independence against tyranny and the northern union tyrannically suppressing the southern confederacy.

This debate is useless, it's not going anywhere, and hence I am not going to debate this with you any more.
 
What I'm describing is common knowledge for those who understand American constitutional history. I'm not going to sit here and type out a thorough explanation of it all for you; you can go look up some of the libertarian/conservative historical literature on the subject.

I am citing relevant scholarship. If you doubt the veracity of what I'm saying, it's your job to check my references.

Let me see if I have your position correct. I cite historical documents articulating the purpose of conventions and your argument is you don't have to substantiate or refute anything and I need to go look it up?

Don't count on that happening anytime soon.

Incorrect. The meaning of "State" in Article V does actually mean state government, a conclusion which can be reached by analyzing the historical context. It was state governments which were represented in the Senate, according to the compact agreed to by the States as sovereign bodies politic.

Let us review Article 5 again.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Again using your definition of State in Article V...

Popular Conventions = State Government.


or by Conventions in three fourths thereof

Ouch!!! :)

This is completely ridiculous.

Yes it is. Your historical argument about the 17th Amendment is absurdly ridiculous because those so called popular conventions among the States you keep referring to that ratified the Constitution were proposed by Congress not sovereign body politics. (clearly illustrated by previous citations on my part which you feel under no obligation to refute, yet claim I need to check references)

There is an obvious difference between the colonies declaring independence against tyranny and the northern union tyrannically suppressing the southern confederacy.

The colonies opposed tyranny, the south opposed tyranny and the only difference is the south lost the conflict of force. Is it me or is it just plain comical you are unable to recognize force was the arbitrator when comparing two different outcomes of opposing tyranny?

This debate is useless, it's not going anywhere, and hence I am not going to debate this with you any more.

Ok, but try not to make it so easy for me to disprove you using your own definitions of State and Article V of the Constitution against you if you do make another post.
 
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