Thursday, January 13, 2011

Working Around the 17th From the State

Here's a question I posed to the Repeal the 17th Amendment Discussion Board this morning and thought it would be worth considering for the readers here.

Is it possible for a state to work around the 17th Amendment and create a state law that would nullify an election, or recall the senator through the state legislative body? What about calling them back to a state hearing, just as Congress does regularly?

I’m not sure I am wording this right and the concept isn’t solid in my mind, but what could the states do to work around the 17th if repealing it is not possible at this time?

What are your thoughts? What could a state do to circumvent the 17th Amendment?

Update 1: I received a response via email from John MacMullin, who has been at the forefront of the repeal movement and whose writings got me first interested in the idea of repealing the 17th (here, here and here), which clearly explained the loss of the balence of power between the states and national government.

John said;
They can't. There is more than enough US Supreme Court authority that holds that states cannot interfere with procedures defined by federal jurisdiction.

The state recall amendments are an example.

The only approach that will work is a repeal.
As I have discussed before, generally the effort ought to be a dual effort at both the state and national level and the effort must be receptive rather than rigid.

In other words, it must be open to all walks of life, from republican to democratic to libertarian, from conservative to liberal, etc.

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