The Founding Fathers envisioned a federal government with a system of checks and balances to ensure that no single branch or level of government would become too powerful. The Senate was designed to represent the interests of state governments, while the House of Representatives was intended to represent the interests of the people. James Madison, in Federalist Paper No. 52, emphasized the importance of the House of Representatives as the branch of the federal government closest to the people, stating that frequent elections were essential to securing an intimate sympathy with the people. This balance of power between the federal government and the states, as well as the direct representation of the people through the House of Representatives, was a crucial and intentional aspect of the original design of Constitution.
The 17th Amendment, ratified in 1913, fundamentally altered this balance by providing for the direct election of Senators by popular vote. Prior to the 17th Amendment, Senators were rightfully chosen by state legislatures, ensuring that the interests of state governments were directly represented in the federal legislative process. This amendment has had significant consequences for the balance of power between the federal government and the states, leading to the unchecked growth of federal power at the expense of state sovereignty.
This centralization of government power in Washington, D.C. has led to increased federal spending, increased regulation, increased polarization, and a decrease in the ability of state governments to address the unique needs of their citizens.
- The direct election of Senators has also contributed to the polarization of American politics, as Senators are now more likely to prioritize the interests of their national political party and donors over the interests of their state.
- The direct election of Senators has also opened the door to the nationalization of Senate elections, with candidates accepting campaign contributions from across the country, making them beholden not to their state governments and not even to the people within the state they are said to represent, but to the national body politic.
- The direct election of Senators has also made Senators more likely to support federal programs and initiatives that align with national or special interests, as opposed to the interests of the individual state they are said to represent. As a result, the federal government has taken on a larger role in providing services and funding to the states. This has resulted not only in increased federal spending but also a larger dependency of the states on the federal government, replacing federalism with a form of vassalage.
- The 17th Amendment has also contributed to increased regulation at the federal level. With Senators no longer accountable to state legislatures, they have have shown a propensity to support federal regulations that may may be a priority of their national political party but are not of their respective state governments. This has led to a proliferation of federal regulations that are burdensome and costly for states to implement and comply with.
The 17th Amendment has had far-reaching consequences for the balance of power between the federal government and the states. By repealing this amendment and returning the selection of Senators to state legislatures, we can restore the principle of federalism, which is essential to the proper functioning of our system of government as intended by our founders.
Federalism is the division of power between the federal government and the state governments, with each level of government having its own distinct responsibilities and authority. This system of shared power was designed to prevent any one level of government from becoming too dominant and to allow for a more diverse and responsive government. As James Madison wrote in Federalist Paper No. 51, “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments.”
However, the 17th Amendment has undermined this balance of power. By removing the role of state legislatures in selecting Senators, the amendment has weakened the connection and removed the voice of state governments in the federal government, resulting in a more centralized and less responsive federal government. As former Supreme Court Justice Anthony Kennedy wrote, “Federalism is more than an exercise in setting the boundary between different institutions of government for their own integrity; ‘States’ rights’ is not so much about States’ rights, but about the people’s rights.”
By returning the selection of Senators to state legislatures, we can restore the balance of power between the federal government and the states and ensure that state governments have a greater voice in the legislative process. This would allow states to better address the unique needs of their citizens and promote a more diverse and responsive federal government. As former President Ronald Reagan once said, “The federal government did not create the states; the states created the federal government.”