Another bad effect of the Seventeenth Amendment is that the Senate, having been captured by party interests, approves of judges who are captured by party interests. Thus, all branches are controlled by the party, and all branches want to centralize power within their own party.
And so Elena Kagan, like recent Justices, gets appointed because she shows loyalty to her party, and not because she has shown that she will be a fair and impartial jurist:
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This is why the judiciary became "activist" in the 20th century. These nominees get appointed by promising to impose the less-popular aspects of the party's agenda. They proceed to do for the party what the legislature would suffer if it did. I don't want an activist judicary that will impose either party's agenda.
Repeal the 17th Amendment, and put a Senate in place that will approve judges who will uphold the Constitution, instead of demagogues who will say whatever their constituents want while obeying the will of the party.
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