...Proponents also point out that the Repeal amendment is needed because you can’t rely on the Supreme Court to protect state rights; the Court always rules the way of the feds. This is true. However, if you follow history you find the majority of the rulings against the states have occurred after the passage of the 17th when the Senators were no longer elected by the state legislatures and therefore had no reason to confirm or deny Supreme Court Justices not sympathetic to states rights. Imagine the possibilities here. Again chuck another one up for reversal of the 17th.
In fact I cannot find one advantage the Repeal Amendment has over the Repeal of the 17th, except that some proponents feel it would be easier to pass. Even if this were the case, per my view, degree of difficulty is in no way justification for “dumbing down” the Constitution. The Founders would be appalled at this corruption of principle. ...
Read the whole post here.
Tuesday, January 18, 2011
Repeal the Repeal
Repeal the Repeal; The 1798 Project