Massachusetts Democrats Make a Hash of the Seventeenth Amendment
It is worth noting that there is a states’ rights argument to be made here also. Those most opposed to federalism could reflexively bristle at removing any choices or options from the state governments. And in the case of strictly state elections, it’s a valid point. But members of the Senate and the House of Representatives are not being elected to a post which only affects their home turf. They are sent off to a larger club which is distinctly federal in nature. Voters moving from one state to another should be able to expect that the process will be the same no matter where they settle.
Further, the idea of an empty seat in either chamber constituting an “emergency,” as Governor Deval Patrick is currently maintaining, flies in the face of constitutional consistency. House seats remain empty for measurable periods on a regular basis and the union has thus far stubbornly failed to crumble into dust. Were the Seventeenth Amendment to be amended so that vacant senate seats would be temporarily filled at “the next regularly scheduled elections” (which take place every fall across the land) you would never have an empty seat for more than twelve months.
For those who find themselves greatly disconcerted over the math, there is also nothing magical about the number 100 when it comes to Senate votes. When I was born, there were only 96 senators and things seemed to function just fine. Even the Constitution itself doesn’t rely on raw numbers. We assume that you need sixty votes to get anything done in the upper chamber, but that number is a product of proportions rather than a fixed minimum. Even if a dozen seats sat empty following some unimaginable disaster, business could still be conducted.
The Massachusetts legislature has acted boldly, without so much as a wink or a nod to the principles under which voters should always have the first and last word in determining those who would represent them without interference via partisan tampering. By acting in a way which should have rightly embarrassed previous generations of lawmakers, they have exposed a flaw in one of the most basic aspects of our constitutional structure. Rather than flailing our arms and decrying their blatant manipulation of the game’s rules, we should be asking ourselves if it isn’t high time to change those rules and take that particular toy out of the hands of the children.
We all get the government we deserve. The Minutemen in the cememtary in the center of my hometown are spinning in their graves. I left Taxachussetts long ago and will never reside there again.
What is occuring in Mass is a case in point why one party should never, ever gain such a large majority so as to run roughshop over those who oppose it. It’s an exampple of tyranny of the majority and is WHY the framers of the Constitution put in place the Electoral College…so that nationally, a candidate for President has to achieve a MAJORITY OF THE STATES in order to be elected, not merely a majority of votes. They viewed the country as a collection of states, not an indivisible country. Until the the Civil War, America was referred to as “the United States are…” after, “the United States is..” a horse of a different colour.
As if politicians give a rip about that annoying US Constitution.
It should be obvious the the most casual observer the the democrats do not care about the Constitution, they only care about power.
Dear sirs:
I respectfully disagree that what happened in Massachusetts is bad. In fact, I am convinced that passage of the 17th amendment was the first turn of the screw in the undoing of the republic. When U.S. Senators became directly elected by the people instead of appointed by Governors and confirmed by the state Senators, the states were left without representation, and began to lose their unique rights in the structure and process of our government. Though some may find Kirk’s appointment distasteful, I wish we could all go back to the time that all senators were appointed in that manner and their job was to represent the interests of their state governments.
I remember livin in New Hampshire and working in Mass. both states were beautiful but the folks in New Hampshire would call Massachussetts ..the PDRM, peoples democratic republic of Mass and the folks from Mass would call New Hampshire, cow hampshire and of course…the jokes from each side were spicy….it was all funny for me, because I was from Michigan…
However, my friend, this one is a non-starter. Even the archers in the south, very conservative states righters would call you wrong on this one. The state…indeed the people and those they elect have a right to do..in the words of George Wallace “as they damm well please”….
So as a conservative, you should reverse course and get on board..just because its “the other party”…dont make it wrong.
I’m with Glenn.
What Taxachussetts does with the 17th ammendment is not nearly so evil as what the 17th ammendment did to the constitutional separation of powers and the federalist system.
Now we have mob rule, with the mobsters only distinguished by the fact that one eschelon has a two year term and the other six. Instead of Daniel Webster, or Henry Clay, we get Teddy “Chappaquidick” Kennedy or Shrillary Clinton (I am so grateful that she cashed in her Senatorial chips for that choice SOS slot she has so successfully botched).
For those of you that were thinking that you might get a Republican senator from Mass, the only Republican in my recent memory from that state is the architect of the Mass. mandated health “plan”, the RINO Mitt “All Thumbs” Romney.
Repeal the 17th ammendment. While you’re at it, declare the current strain of the Democrat party to be a criminal enterprise and outlaw it. (One will happen when the other does,I’m sure.)
Massachusetts should just change their law to read, if a Democrat is Governor, he can do anything he wants and when a Republican is Governor, he has to obey the law. If they did this, they wouldn’t have to keep changing their laws.
#5 GlennDC:
“When U.S. Senators became directly elected by the people instead of appointed by Governors and confirmed by the state Senators, the states were left without representation, and began to lose their unique rights in the structure and process of our government.”
^
THIS!
Massachusetts: Its the other Venezuela!
When did the small matter of elections and the choice of our representatives by us and for us ever matter to a damned “Democrat?” Particularly of the East-Coast “establishment” (make that: elitist) variety?
If those pukes and crap-heads are not gerrymandering in ways that make it sure certain that, rather than the way it is intended, it is they who get to select their “electors,” then their Stalinist street agitators and Alinskyist bully boys are registering criminal aliens, the insane, felons and dead folks — and are up all night stuffing ballot boxes.
We in Illinois are so proud! Having our indicted Governor, Blago, name a professional hack, Roland Burris to the now “African-American senatorial seat”, before he was impeached, and certainly with the blessing of Obama, set a fine example for the rest of the country.
Glenn in DC nailed it.
This type of politics played out in Mass. is shameful as well as appalling. Everyone of sound mind knows what the “emergency” is…is. I am hard pressed to understand who the good guys are and who is responsibile that the Constutution is upheld. My God, man, it can’t be that hard to follow the law of the land!
Unless its a Republican. In which case, full steam ahead. Whatever we do is God’s will!
It’s not about the fact that the Governor was empowered to appoint a Senator, but rather about the fact that we have a problem with politicians not being willing to play by their own rules, instead choosing to do whatever happens to be the most convenient at the moment, regardless of its legal or logical justification.
Corruption has been rampant in Massachusetts for decades with the help of the Kennedy’s; therefore, I am not surprised, but saddened to see the law broken as if these laws do not apply to the legislatures as well. The appointment should be struck down.
15. Moho wrote:
Unless its a Republican. In which case, full steam ahead. Whatever we do is God’s will!
Moho you idiot, when there was a Republican governor, the Dems couldn’t move fast enough to take the right to appoint a senator away from him. But now that the Libtards are back in the Gold Dome, they bent over backwards trying to explain how it was so important for the governor to be able to appoint an interim senator lest the commonwealth be improperly represented for three months until the election can be organized, a period of time they were MORE than willing to live with, commonwealth-be-damned, when it looked like there might actually be an opportunity for a (shudder) Republican senator!
Massachusetts is truly a one-party state in that the Socialists (Dems are unabashedly Marxist in the Bay State) dominate the state, and as they do everywhere else, control the media, arts and public education.
There is about as much democracy in Massachusetts today was there was in Gorbachev’s USSR.
Every Progressive Era Amendment has been a disaster for the Republic
XVI
XVII
XVIII
XIX (just joking)
K E N N E D Y IS JUST ANOTHER WAY TO SPELL CORRUPTION
@B Dubya
Although I do feel that Universal Healthcare in the Bay State is a colossal failure, and runs contrary to the ideals of the founding fathers, don’t place the majority of the blame on Mitt. The plan he promoted was at least fiscally sound until the liberal politicians got hold of it after it was passed. The additions, restrictions and mandates they placed on it were what finally destroyed Mitt’s semi-feasible attempt at insuring the citizens of Mass…so please place the blame for its failure where it lies. Blame it’s creation on Mitt.
Glen from DC is spot on. The Senators are ambassadors from the States, they can also be recalled and replaced, and given instructions. I can know personally my State representative, and go and have a talk with him, and he has a vote on who is Senator.
Then the Progressives (Mousolini renamed them fascists) destroyed the Republic with the 16th (eliminating the power of a State to hold tax levies in escrow) and 17th (transferring Senators from the States to the parties)amendments.
In Minnesota, we were without a second senator for half a year, until ACORN was finally able to fabricate enough votes to get failed comedian Al Franken selected. Mass is more important than we are?
The government of Taxachusetts is inept and corrupt. I moved out of there a year ago and am glad I did.
It’s sad. The state is so beautiful, with such a rich heritage. It would be a great place to live if it had a balanced, ethical and responsible government.
1st time I’ve agreed with Jazz Shaw but I do wonder why this article was posted before the crime was committed???? Jazz Shaw really missed the boat on relevance for this post, typical. BTW, as good as most of the work PJ does, I’m surprised PJ corraled these very poor writers, Shaw, Moron, Navarette. Sortof like Lamont Hill on Fox I guess.
An IDIOT, Appointed to a dead IDIOTS seat in the senate by an IDIOT.