Few members of the Tea Party have endorsed Rand Paul’s misgivings about the Civil Rights Act of 1964, but a surprising number are calling for the repeal of an older piece of transformative legislation: the 17th Amendment. If you don’t have the Constitution on your smartphone, that’s the one adopted in 1913 that provides for direct popular election of United States senators. Allowing Americans to choose their own senators seems so obvious that it is hard to remember that the nation’s founders didn’t really trust voters with the job. The people were given the right to elect House members. But senators were supposed to be a check on popular rowdiness and factionalism. They were appointed by state legislatures, filled with men of property and stature. Fortunately, repeal will never happen. Still, there is something bracing in the eccentric quest of these advocates, who may know their constitutional history better than most Americans. To Madison, Hamilton and most of the other authors of the Constitution, allowing states to appoint the Senate was the linchpin of the entire federalist system and the real reason there are two houses of Congress. It may be true that appointed senators, accountable only to state legislators, would never approve of many useful federal mandates designed to put the national interest above local parochialism — including everything from the minimum wage to the new health care reform law.
Posted on: Wed, 09 Oct 2013 02:25:39 +0000
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