How Electing U.S. Senators Ravages Constitution

U.S. Senators were never meant to be elected by popular vote. The were meant to be selected by state legislatures, and their job was to protect their state's interests in Washington. Andrew Napolitano reminds us in a new column.


The Founding Fathers' original intent in providing for indirect election of senators was to place a strong check on the power of the federal government. At the federal table, the people were to be represented by the House of Representatives, the nation as a nation was to be represented by the president, and the states as sovereign entities were to be represented by the senators whom the states sent to Washington. The beauty of this federal table concept was the veto the states had on the encroachment of their sovereignty by the feds. The 17th Amendment killed that veto, took away the states' place at the federal table, unleashed the feds' appetite for power, and assaulted the delicate constitutional framework the founders gave us.

This is not a dead issue; it is one that has been picking up steam. Sen.-elect Mike Lee (R-UT), who was swept to power in the recent elections, advocated the Amendment's abolition during his campaign. Think about it: If it weren't for the 17th Amendment, President Obama's health care legislation would never have come to pass because senators who were held accountable to their states would never have agreed to impose an unfunded mandate on them.


Amending the Constitution is a dangerous thing, and the mess we're in today was largely created by the meddling that took place in 1913.