- Why Seventeenth Amendment Can't Be Repealed
Exclusive to Rense.com
By Devvy
10-1-10
-
 When the First Continental Congress was
convened via a resolution of the Congress of the Confederation, one of
the first issues discussed on May 29, 1787 [1], was the balance of power
for a newly created federal government:
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- 3. Resolved, that the National Legislature out to consist
of two branches.
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- 4. Resolved, that the member of the first branch of the
National Legislature ought to be elected by the people of the several States
every _____ for the term of _____; to be of the age of ____years at least
and so forth.
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- 5. Resolved, that the members of the second branch of
the National Legislature ought to be elected by those of the first, out
of a proper number of persons nominated by the individual Legislatures,
to be of the age of ____ years at least and so forth.
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- James Madison wrote in The Federalist Papers #45: "The
Senate will be elected absolutely and exclusively by the State legislatures."
[2] John Jay, co-author of The Federal Papers is quoted: "Jay then
informed Governor Clinton that, unlike the Senate, where the two-thirds
rule was in force for treaties and impeachment, the lower house had nothing
to do with treaties; it represented the people whereas the Senate represented
the states--for the Federalists always a significant distinction."
[3]
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- The framers of the Constitution wisely understood the
absolute necessity of ensuring we the people would have the right to vote
for our representative in Congress, and at the same time because they all
jealously guarded freedom and liberty, the states must also have equal
representation. We the people would have the ability to remove via the
ballot box, miscreants and scoundrels, while the state legislatures could
recall their U.S. Senators who acted against the best interests of their
state.
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-
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- The Senate was supposed to be a sort of checks and balances,
but that noble concept disappeared when U.S. Senators were then voted into
office by special interests and mobs demanding more and more from the people's
treasury. [4] The absolute right of the states to equal representation
was wiped out when the Seventeenth Amendment was declared ratified on April
8, 1913.
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- I have been on the Seventeenth Amendment non ratification
since the mid '90s. More and more Americans are beginning to fully
understand the issue of sovereignty, federal jurisdiction and rights of
the states. The long over due states' rights movement is growing at lightening
speed. Americans are learning about the Tenth Amendment, the Supremacy
Clause, the real meaning of the Welfare Clause and nullification. [5]
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- However, there are some issues under the legislative
authority of the U.S. Senate that can't be resolved by the Tenth Amendment
-- or not easily without huge court battles. But, then, again, our corrupt
judicial system at the federal level is part of the problem. Federal judges,
including U.S. Supreme Court Justices, are beholden to the U.S. Senators
who vote to confirm them. Critical duties of the U.S. Senate, besides confirming
federal judges: confirming cabinet heads and ratifying trade agreements.
Both areas that can and have had a negative impact on the states of the
Union over the decades.
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- Just look at the destruction of jobs in the states because
of "agreements" like NAFTA (No American Factories Taking Applications)
and treaties like CAFTA and GATT/WTO. Millions of jobs shipped overseas,
to Mexico and South America while Americans stand in unemployment lines.
Look at the destruction to our industrial and manufacturing sectors. Nearly
wiped out along with millions of jobs because of NAFTA and GATT/WTO. The
harm to our nation from our illegal participation as a member of the
communist UN and the treaties coming out of that rancid operation. That
is why the states were to have equal representation in Congress -- to
check a president on treaties.
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- Several major efforts are underway to repeal the Seventeenth
Amendment, but is that the right course to take?The thorny issue here is
that you can't repeal an amendment that clearly was not ratified by enough
states.
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-
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- We find in the official publication called 'Constitution
Jefferson's Manual and Rules of the House of Representatives of the United
States Congress, Eighty-Seventh Congress, Thomas Jefferson, said in part:
"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.
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-
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- Many states were out of session during the time of the
ratification process. Since several states were out of session at the time
of the vote, have they been deprived of equal Suffrage in the U.S. Senate
because they did not participate in the ratification of this amendment?
Have those states been deprived of equal suffrage in the Senate as well
as the states which took no action, like the State of Georgia?
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- Is fraud (non ratification) enough to allow a state to
declare it null and void?
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- Jefferson also wrote in the manual cited above: "Question
has arisen as to the power of a State to recall its assent to a constitutional
amendment (V. 7042)." What about that?
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- In March 2009, I personally went to the National Archives
in Washington, DC, and joined with two colleagues. Our purpose was to obtain,
which we did, court certified documents regarding the ratification of that
amendment. Having obtained them, there is no doubt that amendment was not
ratified by enough states at the time. Five states allegedly didn't ratify
until months after then Secretary of State, William Jennings Bryan, declared
it ratified.
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- How do the states resolve this critical issue? It will
not come from Congress; that is a given cemented in concrete.
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- I am not a lawyer and have no legal training. However,
one thing I do believe is that it is absolutely wrong to try to correct
a legal fiction using a method which would give legitimacy to that fiction.
The same constitutional crisis exists over Obama/Soetoro/Dunham and the
growing call for impeachment. He is without question a usurper. You cannot
impeach someone who has legally never held that office. Giving legitimacy
to fraud demeans our Constitution and takes away honor and integrity for
our system of government purchased with rivers of blood.
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- What options do the states of the Union have should just
one state legislature take the courageous step in challenging the ratification?
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- A state legislature could pass a resolution which would
be sent to their Attorney General to file a lawsuit with the U.S. Supreme
Court. Why the Supreme Court? Because it would be an original jurisdiction
case. I think this falls under Art. III, Section 2 of the U.S. Constitution:
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- The judicial power shall extend to all cases, in law
and equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority;--to all
cases affecting ambassadors, other public ministers and consuls;--to all
cases of admiralty and maritime jurisdiction;--to controversies to which
the United States shall be a party;--to controversies between two or more
states;--between a state and citizens of another state;--between citizens
of different states;--between citizens of the same state claiming lands
under grants of different states, and between a state, or the citizens
thereof, and foreign states, citizens or subjects.
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- Such a lawsuit most certainly is a controversy to which
the United States would be the prime party.
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- This isn't about politics, it's about the law and the
Constituton:
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- "In reference to the contention that the issue of
the ratification of any amendment to a constitution presents only a political
question, analysis of the determination of this issue by various state
courts is very probative. The great weight, if not the entire weight, of
state authority is that issues concerning the ratification of amendments
to state constitutions are properly judicial and not political issues.
This proposition of law was precisely summarized by In re McConaughy, 106
Minn. 392, 119 N.W. 408 (1909), which held, after lengthy review of the
authorities on this point, that an issue regarding the ratification or
adoption of a constitutional amendment was clearly to be judicially resolved.
Indeed, the U. S. Supreme Court has held that questions regarding the existence
or non-existence of state laws presents a judicial question. In Town of
South Ottawa v. Perkins, 94 U.S. 260 (1877), the Court succinctly stated:
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- "There can be no estoppel in the way of ascertaining
the existence of a law. That which purports to be a law of a State is a
law or it is not a law, according as the truth of the fact may be, and
not according to the shifting circumstances of parties . . . And whether
it be a law or not a law is a judicial question, to be settled and determined
by the courts and judges", Id., at 267.
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- "... but, on general principles, the question
as to the existence of a law is a judicial one, and must be so regarded
by the Courts of the United States," Id., at 268.
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- "When an issue regarding the existence of a law
is raised, the Supreme Court has expressly sanctioned courts to determine
the validity of such law by review of any public documents available which
render aid to the judicial mind. This was clearly stated in Gardner v.
Collector, 73 U.S. (6 Wall.) 499, 511 (1868), where the Court stated:
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- "We are of opinion, therefore, on principle as well
as authority, that whenever a question arises in a court of law of the
existence of a statute, or of the time when a statute took effect, or of
the precise terms of a statute, the judges who are called upon to decide
it have a right to resort to any source of information which in its nature
is capable of conveying to the judicial mind a clear and satisfactory answer
to such questions; always seeking first for that which in its nature is
most appropriate, unless the positive law has enacted a different rule."
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- "An inexhaustive review of the multitude of state
cases holding that an issue regarding the adoption of a constitutional
amendment presents a judicial question is particularly appropriate under
these circumstances. The substance of these cases is that state courts
will hold an amendment invalid if it has not been properly and lawfully
adopted, this invalidity being determined by examination of many public
records, most notably legislative journals. It must also be noted that
while state courts do inquire into the adoption of amendments, they sometimes
have a different rule in regards to legislation, with some courts following
the "journal entry rule," and others following the "enrolled
bill rule;" see Field v. Clark, 143 U.S. 649, 12 S. Ct. 495 (1892)."
[7]
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- What about treaties in place should the amendment be
declared not ratified? Realistically speaking, you couldn't just declare
all the treaties passed since 1913 null and void on the spot, even though
technically it would be correct. The senators voting to ratify those treaties
had no legal right to be seated in the Senate and vote for any treaty.
However, the house can introduce a bill just like H.R. 4759, which has
been rotting in the House of Representatives since March to get us out
of NAFTA. Simply apply the normal process to get us out of those treaties.
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-
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- In a calm, rational manner, the problem can be worked.
If a state legislature is happy with the individual "voted" into
office to serve in the Senate, they can keep that individual. Otherwise,
that counterfeit Senator is gone.
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-
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- What about federal judges? Dr. Edwin Vieira provides
a step by step legal explanation of exactly how Congress has the authority
to remove federal judges in his book, How to Dethrone The Imperial Judiciary.
[8] Every member of Congress should read it as well as citizens.
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- There are those who believe the state legislatures are
as corrupt as Congress and should the Seventeenth Amendment be declared
null and void, it would solve nothing because the old crony system would
ensure political sell outs would still be favored by a state legislature
and sent right back to Washington. Does anyone doubt for a moment
that if the Seventeenth Amendment were not in place the Arizona State Legislature
would have allowed McCain to stay in Washington, DC, while their state
has been invaded with illegals considering McCain's willingness to support
amnesty? I believe that legislature would have recalled McCain years ago
and replaced him. That is the beauty and power of states rights --- without
the Seventeenth Amendment. Clearly, something the shadow government fears.
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- Certainly some states at this point in time are hopeless;
California and New York come to mind. But, given the current political
environment, rage blowing across this country and the effort to elect individuals
of integrity who pledge their support to the U.S. Constitution and their
state constitution to the state houses, I believe it's a whole different
ball game now.
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- This issue is one of the reasons why it will be so important
to boot out as many state representatives and state senators as possible
in November who do not support a return to constitutional government and
the importance of their power in fighting back against the Outlaw Congress.
In order to fully regain their sovereignty the Seventeenth Amendment must
be challenged. That will not happen until January when the new state body
is sworn into office and their desks begin to pile up with snail mail letters
from constituents demanding this issue get addressed during the current
session (2011).
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- Proof the Seventeenth Amendment was not ratified: All
court certified documents
- from the National Archives are scanned here:
- http://www.devvy.com/new_site/17th_amendment_docs_march_2010.html
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- List of over 1100 state reps and senators who either
voted for a Tenth Amendment
- Resolution or supported a bill which didn't make it out
of committee. (Not in alphabetical
- order all the way) Help get them reelected: http://devvy.net/pdf/jan2010/tenth_labels.pdf
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- Footnotes:
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- [1] Max Farrand, The Records of the Federal Convention
of 1787, vol. 1 [1911]
- http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=1057&Itemid=27
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- [2] Federalist Papers #45
- http://avalon.law.yale.edu/18th_century/fed45.asp
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- [3] John Jay and the Constitution
- http://www.columbia.edu/cu/lweb/digital/exhibitions/constitution/essay.html
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- [4] Quote from the late Taylor Caldwell, brilliant author;
Dear and Glorious Physician, The Story of St. Luke.
- History has a way of looking familiar and repeating itself.
- http://www.devvy.com/fes_20020710.html
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- [5] Tenth Amendment Center
- http://www.tenthamendmentcenter.com/
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- [6] Constitution Jefferson's Manual and Rules of the
House of Representatives of the United States Congress
- http://www.archive.org/stream/constitutionjeff014670mbp/constitutionjeff014670mbp_djvu.txt
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- [7] Short Exposition re Law of Ratification of Constitutional
Amendments
- by Lowell Becraft, Jr. - http://hiwaay.net/~becraft/Sixteenth.htm
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- [8] How to Dethrone The Imperial Judiciary
- http://www.newswithviews.com/HNB/Hot_New_Books20.htm
- ---
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- Visit Devvy's website at: http://www.devvy.com.
You can also sign up for her free email alerts. Devvy's radio show broadcasts
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