Nullify the 17th

Nullification of the 17th Amendment

In 1850 when Congress passed the Fugitive Slave Act many of the Northern States refused to enforce the Federal Law in their states. 

In 1798 Congress passed the Alien and Sedition Act which in the opinion of Thomas Jefferson and James Madison blatantly violated the First Amendment.

As a result of what they considered to be  unconstitutional, Jefferson wrote the Kentucky Resolution and James Madison wrote the Virginia Resolution which promoted the idea that the state legislatures could nullify Federal legislation that in their opinion violates the Constitution.

In Article V of the Constitution, Congress is prohibited from denying any state of its equal suffrage in the senate without their consent. The ratification of the 17th Amendment contradicts this provision in Article V. 

When the Constitutional Convention was held there were six large states with populations of over 250,000 and seven small states with populations of less than 250,000.

Today these are 11 states with populations of over 10,000,000 and 39 small states with populations of less than 10 million. Over half of the people living in the United States live in the 11 states with the greatest populations.

If every state was equally represented in Congress the 39 small states with populations of under10 million would have the votes to pass legislation that benefited themselves at the expense of the large states. If the majority of people living in the large states controlled Congress, they could easily dominate the people living in the small states.

By creating a bicameral legislature with one chamber to represent the interests of the people in the small states and a second chamber to represent the people in the large states the voice of the people in both the large and small states could be heard.

When the 17th Amendment was ratified the 39 small states lost their representation in the senate and our bicameral legislature became a unicameral legislature with two houses to represent the people. 

To prevent this from happening, the founding fathers added an amendment protection clause to Article V that prohibited Congress from proposing any amendment that would deny a state of its equal suffrage in the senate without their consent.

In 1913 Congress violated the Constitutional mandate and proposed the 17th Amendment that gave thirty six states the authority to compel the 12 states that did not give their consent to waive their  right to be represented in the senate.

In order to the 17th Amendment to have been lawfully ratified the ratification of all of the states would have been required. Florida, Georgia, Kentucky, Mississippi, South Carolina, Utah and Virginia have never ratified the 17th Amendment and should either give their consent or demand their Constitutional right to be represented in the senate be restored.