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Gohmert: Fight Health Care Bill By Repealing Popular Election Of Senators (VIDEO)


Rep. Louie Gohmert (R-TX)

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Rep. Louie Gohmert (R-TX) is calling for a strong re-assertion of states rights against Congress -- in the form of a Constitutional amendment to eliminate the direct popular election of Senators, and go back to the pre-17th Amendment setup of state legislatures appointing them.

"Ever since the safeguard of State legislatures electing U.S. Senators was removed by the 17th Amendment in 1913, there has been no check or balance on the Federal power grab for the last 97 years," Gohmert said in a press release, calling for a constitutional convention of the states. "Article V requires a minimum of 34 states to request a Convention which in this case, would be an Amendment Convention for only ONE amendment."

As Dave Weigel points out, this setup would result in Democrats losing a few Senate seats under the current balance of power in the state legislatures. On the other hand, as Media Matters notes, Sen. Scott Brown (R-MA) could have never been elected under this system -- the Democratic legislature in Massachusetts would have selected a Democrat to fill the seat, and that would have been that.

It should also be noted that the pre-17th Amendment system was prone to quirks of the district-based systems for state legislatures, on those rare occasions when a state legislative election effectively became a referendum on the Senate seat. For example, Abraham Lincoln's Republicans won the popular vote in the 1858 Illinois legislative/Senate race, but Stephen Douglas's Democrats benefited from an outdated and badly apportioned district map that preserved their majority. Lincoln carried Illinois against Douglas in the presidential election two years later, in a statewide vote that was not dependent on districts.

Comments (103) | Join the Conversation!

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March 23, 2010 2:30 PM   

Just when you think these guys can't get any dumber they prove you wrong.

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March 23, 2010 4:39 PM    in reply to mans_best_friend

Actually, I think they may have been telling the truth all along. This is what the Republicans must have meant by saying HCR would take away our liberties.

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March 24, 2010 12:28 AM    in reply to mans_best_friend

Why is "Republican" not spelled "asshole"?

The reason for the change from state senate appointment of Senators to popular election was that the original setup resulted in Senators being picked by the corporations who had bought the state legislatures.

But if he can be diverted into repealing a Constitutional amendment he won't be able to do real damage.

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March 23, 2010 2:32 PM   

That would mean, here in Nazi Germany, no communists can win seats! Heil!

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March 23, 2010 10:41 PM    in reply to M Miller

There's that damn Horst Wessel Song again. Nazi ear-worm!

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March 23, 2010 2:36 PM   

If we're going to make changes, how about giving California about eight more senators, New York and Texas the same. And give DC a couple.

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March 23, 2010 2:52 PM    in reply to Walter Mitty

... and take away Oklahoma's senators as a punishment for Oklahomans, gross electoral negligence as illustrated by Inhofe and Coburn, the very worst of a bad lot.

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March 23, 2010 6:06 PM    in reply to Subliminability

I'll second that motion as a proud liberal from Ok.

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March 23, 2010 3:27 PM    in reply to Walter Mitty

Why just eliminate the Senate all together. It's undemocratic, a bit redundant, and only useful in keeping little shit hole states from being completely irrelevant.

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AJM

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March 23, 2010 5:33 PM    in reply to An Outhouse

Having the tail wagging the dog is useful?

Have you calculated recently just how small a proportion of the citizenry can elect enough Senators to conduct a filibuster?

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March 24, 2010 9:48 AM    in reply to An Outhouse

the senate is a useful place to warehouse crazy old white guys.

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March 23, 2010 2:38 PM   

As I've said before, this guy has a superfluous "h" and "t" in his last name.

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March 23, 2010 2:40 PM   

They have gone off the deep end.

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March 23, 2010 2:43 PM    in reply to SchrodingersCat

That is truly sad--given their shallow gene pools.

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March 23, 2010 2:43 PM   

I don't see 34 legislatures signing on...let alone the 38 it would require to ratify it.

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March 23, 2010 2:47 PM   

Okay. Seriously, now. Is there any point at which the MSM is willing to just acknowlege that they're completely out of their damn minds and that the mass insanity of one of the two parties in out two party system is, to coin a phrase, a big fucking deal?

But, on the other hand, it is at least a logical extension of their basic position that government by the majority is a bad, bad thing. So, WTF, as long as we're holding Constitutional conventions and all, why not just abolish Congress, the Presidency and the Supreme Court and replace them all with a single leader appointed for life by a small, self-perpetuating conclave of responsible white men of property and standing in the community? We could call him "the Leader."

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March 23, 2010 3:07 PM    in reply to The Commenter Formerly Known as NCSteve

We've also got DeMint trying to out-crazy Michele Bachmann (no easy task) insisting that HCR will bring on the seven plagues, and McConnell questioning the independence of the parliamentarian they installed after firing the last one for being...wait for it...too independent.

It's like being in a fun house.

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March 23, 2010 3:17 PM    in reply to mans_best_friend

Yes, it's like Congress has become an amusement park and we all get free admission.

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March 24, 2010 12:36 AM    in reply to we r all husseins

Free admission to watch. It's those with the gigantic tax breaks who actually get to play on the rides.

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March 24, 2010 12:34 AM    in reply to The Commenter Formerly Known as NCSteve

Well, I don't know. Those named T. H. E. Leader would have an unfair advantage.

And there'd be extreme inefficiency introduced into the system with the explosion in the number of kids named T. H. E. Leader.

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March 23, 2010 2:48 PM   

... because there is nothing Americans love more than having their right to vote taken away!

Congressmen Gohmert is on a roll today. He also introduced a resolution endorsing an Israeli airstrike on Iran:

http://thinkprogress.org/2010/03/23/gohmert-bill-israel-iran/

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March 24, 2010 12:37 AM    in reply to Subliminability

"The Future Fair! A fair for all, and no fair to anybody!" -- Firesign Theatre.

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March 24, 2010 9:50 AM    in reply to JNagarya

Thanks for the Firesign reference. Takes me back to my days at MoreScience High.

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March 23, 2010 2:48 PM   

I've always hated the Connecticut Compromise personally. Having a senate is completely unfair to larger, more productive districts. I'm sick of the free loaders from rural districts.

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March 23, 2010 2:49 PM   

Yea lets take away peoples power to elect senators.... iam sure they will LOVE that idea.

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slb

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March 23, 2010 8:44 PM    in reply to musgrove

Well, and why stop with Senators? While we're at it, why not mandate that the legislatures appoint the presidential electors, too? After all, the Supreme Court has already said that there is no Constitutional right to vote for the president.

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March 23, 2010 2:50 PM   

I got one better. Let's ban senators entirely or strip all their power and make them a rubber stamp like the house of lords, which they are with too much power.

It's time to revamp the system and make this country a parlimentary democracy. This is ridiculous and it takes way, way too long to get anything constructive done.

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March 23, 2010 2:52 PM   

After the 2008 election, I predicted that the republican campaign slogan for 2010 would be:

"Crazy? You ain't SEEN crazy yet!"

I meant it was a joke.

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March 23, 2010 2:52 PM   

I'm guessing he's not that enthusiastic about amendments 13-15, either. Or 16, 19, 22 (when there's a Republican President), 23, 24...oh hell, can't we just go back to 1830 when everyone was happy?

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March 23, 2010 2:58 PM   

Yeah go for it Rep. Goober. Try to get 3/4 of the states to ratify it...moron.

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March 23, 2010 3:47 PM    in reply to Libertine

He knows it will never come close to happening. He's just trying to get his name in the headlines and grandstand for the base.

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March 23, 2010 3:01 PM   

Go for it is right.

I lived through the failure of the ERA. Twice.

Go right ahead and try to amend the constitution.

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March 23, 2010 6:50 PM    in reply to HusseinTenaX

Tena, where you been? This guy is not your rep, is he?

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March 23, 2010 3:02 PM   

Sooo. . . since senators are elected by popular vote, and the election of senators by popular vote has, in Mr. Gohmert's view, resulted in an unlimited "federal power grab," that must mean that people are okay with a strong federal govt., right? I thought so!

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March 23, 2010 3:03 PM   

I would rather pass an Amendment that mandated IQ tests for members of Congress.

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March 23, 2010 3:20 PM    in reply to Rich in NJ

And voters.

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March 23, 2010 3:08 PM   

Well, unless there's something I'm forgetting, it may be a decent thing for this to happen or not make a difference at all.

At the bottom of my post, I put a link. I'll do the counting for you first. Its a map of the country where the state is colored by "Current party control of United States state legislatures".

13 red
1 black (Nebraska, Nonpartisan legislature)
9 purple (Mixed)
27 blue

2 Senators a state, so multiply by two. 54 blue, 26 red. Would that mean the other 20 senators would be moderates?

http://en.wikipedia.org/wiki/File:US_state_legislatures.svg

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March 23, 2010 3:19 PM    in reply to M Miller

Did the same thing, but simply tallied up which chamber in the state legislatures are controlled by which party. The math is not on his side. See my comment below.

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March 23, 2010 3:19 PM    in reply to M Miller

More thank likely, a split statehouse would mean 1 Dem, 1 GOP type deal so appointments could get by both chambers.

I'm thinking I might be on board with this idea.

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March 23, 2010 3:25 PM    in reply to zonk

When Senators were chosen by state legislatures it was the state house that did the choosing. (More specifically, the "most numerous Branch of the State Legislature". Art I Sec 2)

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slb

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March 23, 2010 8:49 PM    in reply to mans_best_friend

Oh, great. In Virginia, that's the branch with the kamikaze Republicans. The Republicans in the state senate are relatively sane. (And at present, Democrats have a bare majority in the Senate, but the House is still controlled by the Republicans.)

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March 23, 2010 6:09 PM    in reply to M Miller

I think what the poster meant is that DEMS would lose a couple of Senators NOW because two states flipped from BLUE to RED in the 2009 elections.

Apparently forgetting that just because the GOVERNOR flipped means nothing concerning the make-up of the state LEGISLATURE.....

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slb

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March 23, 2010 8:32 PM    in reply to M Miller

What means "nonpartisan legislature"?

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March 23, 2010 10:49 PM    in reply to slb

In Nebraska, the unicameral legislature is elected on a no party affiliation, non-partisan basis. Much like in many cities. Members-they're called "Senators"-are not identified by party. Of course, it's a safe bet most are GOPers. NE changed to this type of system long after the 17th amendment passed. I'm not sure how they'd go about selecting their US Senators if it were repealed.

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March 23, 2010 3:16 PM   

"Gomer" never seemed to have a problem when his pal Tom Delay gamed the system in favor of the GOoPers, or when GWB was "selected" by a partisan SCOTUS. Why is he whining now when Democrats are in the driver seat, albeit by legitimate means.

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March 24, 2010 12:43 AM    in reply to windowpane

And why isn't he demanding that the Democrats provide the long form originals of their ALLEGED drivers' licenses!?

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March 23, 2010 3:17 PM   

Dumbest stunt ever. Beyond the notion that the people should not elect Senators directly anymore, what this tool also fails to realize is that it would likely not change the composition of the Senate in his favor if you factor in the number of state legislatures controlled by, or split with Democrats.

If you go by which part controls which chamber in each legislatures and tally them up and assign a Senator according to the formula, the Democrats end up with somewhere between 62 and 72 Senators.

I guess this ass-clown was unaware that the Democrats control a large majority of State legislatures.

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March 23, 2010 3:50 PM    in reply to Lestatdelc

but... but... what about the fact that the small states (ie Wyoming, Montana, North Dakota, South Dakota) have a limited amount of contributors that are people and have to get their money from corporations? How would changing it affect that?

It would seem like the corporations would have to spend their money far and wide to get Republicans elected to state legislatures all across the country just to get the Senate and individual members to do it bidding.

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March 23, 2010 3:54 PM    in reply to M Miller

I meant the people running for the Senate in small states. 500,000 people to contribute isn't enough money for them compared to a state like California with over 30 million people. The south isn't the richest either so corporations are going to look to buy themselves Senators there too.

Wouldn't, in the end, the people having their legislature choose Senators be helpful to get rid of this problem?

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March 23, 2010 8:46 PM    in reply to M Miller

If appointment by legislatures was that good a method, we wouldn't have gone to electing them directly.

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slb

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March 23, 2010 8:53 PM    in reply to PJEvans

My history is a little rusty, but I'm guessing that the direct election of Senators was a product of the progressive reform movement of the early 20th century. That's also the movement that promoted easing restrictions on ballot referenda, a reform which has had, shall we say, some unintended (and decidedly non-progressive) consequences.

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March 23, 2010 3:19 PM   

When is Tx going to secede anyways? Hurry up!

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March 23, 2010 3:24 PM   

"Article V requires a minimum of 34 states to request a Convention which in this case, would be an Amendment Convention for only ONE amendment."

Except you can't have a Constitutional Convention AND specify that it's only to modify one part of the Constitution. Once you call a Convention, everything is up for grabs.

One major question is whether the scope of the convention's subject matter could be limited. The consensus is that Congress probably does not have the power to limit a convention, because the language of Article V leaves no discretion to Congress, merely stating that Congress "shall" call a convention when the proper number of state applications have been received. Comments made at the time the Constitution was adopted indicate that it was understood when the Constitution was drafted that Congress would have no discretion. In The Federalist No. 85, Alexander Hamilton stated that when the proper number of applications had been received, Congress was "obliged" to call a convention and that "nothing is left to the discretion of Congress."

Wikipedia

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March 23, 2010 7:55 PM    in reply to agio

Exactly, and then the anti-choice crowd would hijack the Convention and turn it into a Convention to ban reproductive choice.

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slb

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March 23, 2010 8:36 PM    in reply to rynato

And same-sex marriage and who knows what else.

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March 24, 2010 12:54 AM    in reply to agio

The origins of conventions have some relevance.

In 1777-78, Massachusetts-Bay's General Court (legislature) framed a constitution and submitted it for ratification. It was defeated in part becasue it didn't fit the fashion of the day: didn't have a bill of rights.

But there was a more important question, which wasn't ultimately answered:

In view of the fact that the legislature framed the constitution, did that mean the legislature could amend it at whim, or even repeal it altogether?

That problem was addressed and resolved (or avoided?) by establishing a Constitutional Convention -- the first -- separate from the legislative body, with its own elected delegates -- for the purpose of framing a constitution, then submitting it to the people for ratification.

Thus the legislature is also UNDER the constitution instead of equal, and potential threat, to it.

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March 23, 2010 3:25 PM   

So he's going to run for reelection, asking people to vote for him, on a platform of taking away people's right to vote? I'm confused.

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March 23, 2010 3:26 PM   

When Reagan was president people used to joke that the Republicans wanted to return the country to the way it was in the '50s. The 1850s.

Suddenly it doesn't seem all that funny anymore.

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March 23, 2010 4:44 PM    in reply to georgecs

"I believe that Ronald Reagan can make this country what it once was — an Arctic region covered with ice."

S. Martin

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March 23, 2010 3:33 PM   

I'm not sure which I find less surprising, the fact that Gohmert is a Republican or that his district is in Texas.

That said, according to the Constitution, which I've recently been reading, Congress would have to pass a new amendment and sent it to the state legislatures and 3/4 of those legislatures would have to approve it in order to repeal the 17th Amendment.

How would Gohmert expect to pass such an amendment in a Congress controlled by Democrats?

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slb

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March 23, 2010 8:38 PM    in reply to we r all husseins

That's why he wants to call a constitutional convention -- that takes it out of the hands of Congress.

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March 23, 2010 3:45 PM   

Talk about "going against the will of the people". Jesus, can't these idiots keep their story straight for more than 5 minutes?

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March 24, 2010 12:59 AM    in reply to Matt Jones

Hallucinations don't recognize or comply with time.

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March 23, 2010 3:46 PM   

I get the sense that these people simply want a Bush-style Monarchy. I mean really, that sounds like a joke but the sum total of everything they clamor for amounts to that.

It's one reason I don't call them Republicans any more. They're just Reeps.

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March 23, 2010 3:48 PM   

This after Michael Steele lamented the passage of HCR as the "beginning of the end of representative government".

The messaging of the Republican Party is in a shambles. I never thought I'd live to see it.

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March 23, 2010 4:02 PM   

They say things grow big in Texas...And ignorance is cheif among them!

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March 23, 2010 4:10 PM   

I would hope the Dems would take advantage of all these nutcases and string them together into one commercial or something - a list of everything the Republicans want to take away from the American people, like what's in HCR, the right to vote for senators, etc.

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March 23, 2010 4:15 PM   

Let's not elect Republicans anymore.

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March 24, 2010 1:06 AM    in reply to UTMark

I'm already doing my part.

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March 23, 2010 4:21 PM   

Wouldn't it be depressing to be a Republican? I mean, you'd look across the landscape at your allies -- and you see nothing but bona fide crazy fricking idiots.

What kind of mental retardation inducing drugs has Senator Gomer been doin'?

Why not repeal that troublesome 15th Amendment that gave black people the right to vote or, heck, let's just repeal the 13th Amendment -- that pesky one that took away the slaves for all the good white people in Texas?

And just when you thought the federal government couldn't get any more totalitarian!

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March 24, 2010 1:02 AM    in reply to Backcountry

What kind of mental retardation inducing drugs has Senator Gomer been doin'?
_____

It's the mixing of tumbleweed with the mescaline that does it.

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March 23, 2010 4:25 PM   

As Dave Weigel points out, this setup would result in Democrats losing a few Senate seats under the current balance of power in the state legislatures.

Somehow I rather expect that the balance of many state legislatures would change considerably if this amendment went into effect. There are a lot of suburban districts full of country club republicans who are happy to send republicans to their state legislatures right now, but who would not risk the chance of Roe v. Wade being overturned in a world where the state legislature selects the state's senators.

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March 23, 2010 4:30 PM   

He's a Birther as well. Which doesn't come as a surprise.

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March 23, 2010 4:36 PM   

Of course. This makes perfect sense. Idea is to remove federal governance further from voters and closer to state control -- that's what "Constitutional Republic" means. It's one of the issues over which the Civil War and oppo to Reconstruction, which was heavy national power, was fought, and is being fought still.

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March 23, 2010 5:36 PM    in reply to Rockridge

How does having Senators appointed by state legislatures rather than elected by state voters move power from the federal government to the states? It seems only to move power away from the people.

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slb

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March 23, 2010 8:41 PM    in reply to Dadzo

I think that's what he was saying.

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March 24, 2010 1:05 AM    in reply to Dadzo

The problem the Republicans wrestle with is how to reduce the franchise so minorities can't vote without anyone noticing.

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March 23, 2010 4:36 PM   

These knuckle-draggers want to dismantle the United States of America. I guess having our country together in WWII (for example) doesn't mean much to them. Personally, I'd prefer the USA to remain the country it is, but if it came down to some sort of split where the USA ended up being those north of the Mason-Dixon line, and the southern states decided to go it alone, hey, it is what it is. We'd soon see how effective a totalitarian Conservative socio-political system would work in practice. We'd also see a massive outflow of population from the South, that's guaranteed. Who wouldn't leave that sinking ship?

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March 23, 2010 5:32 PM    in reply to pakaal

Exactly. They are refighting the Civil War.

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March 24, 2010 1:10 AM    in reply to pakaal

Then we could build a wall between them and us, all get ladders to lean them against the wall, and climb them and laugh at them over the wall.

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March 23, 2010 4:38 PM   

Next up would be repeal of Income Tax amendment and the Civil War amendments with their enforcement structure.

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March 23, 2010 5:26 PM   

And we've had just about enough of that nigra voting, ain't we?

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March 23, 2010 5:38 PM   

With apologies to the legitimately mentally challenged, Gohmert could single-handedly guarantee that the word "retard" remains in use.

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March 23, 2010 5:49 PM   

Let's see now, if some of these Repubs have their way they will be campaigning on a platform of:
- Repealing health insurance protections now signed into law, and
- Repealing the ability of people to directly elect their senators.

This election could really be fun!

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March 23, 2010 6:05 PM   

Could you not find a crazy picture of Gomer?
He looks halfway decent in your photograph.

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March 23, 2010 6:11 PM   

Ever since the safeguard of State legislatures electing U.S. Senators was removed by the 17th Amendment in 1913, there has been no check or balance on the Federal power grab for the last 97 years

Um, yeah, the US government was run by docile little angels until that damn 17th Amendment. Riiight...

I'm surprised he didn't slip up & say the 14th should be repealed.

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March 23, 2010 6:43 PM   

OK fine, let's make the change, and further make it so each State gets the number of Senators proportional to their population. So for example North Dakota, South Dakota, Idaho, Montana, Wyoming and Utah get one Senator between them. California gets 15, New York 12, Texas 8, Florida 5, Pennsylvania 3, etc etc etc. If you really want the Senate to represent the people, that's the way to do it.

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March 23, 2010 8:07 PM    in reply to runfastandwin

Other than the fact that Texas is larger than NY, your plan makes sense.

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March 23, 2010 6:53 PM   

So the Teabaggers and Republicans have been screaming that somehow our elected Congress wasn't "listening to the people" when they vote for HCR.

Doe Gohmert really think the crazed masses who are his party's base are going to quietly acquiesce to taking away their power to vote for Senators and give it to a bunch of politicians in the state legislature? But hey, if he wants to piss off the Tea Party legions, that's fine by me...

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March 23, 2010 7:10 PM   

The GOP is morphing into the party of the Confederacy.

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slb

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March 23, 2010 8:57 PM    in reply to Measure for Measure

I think the Confederacy was a lot saner.

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March 23, 2010 7:29 PM   

On the Senate before direct election, see Lincoln Steffens, "Shame of the Senate."

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March 23, 2010 8:49 PM   

I think I'd go along with this, with certain conditions:
(1) the name of the body is changed to 'House of Lords'
(2) their power is limited to advice only

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March 23, 2010 10:28 PM   

Man, he is the splitting image of his twin brother, Goober!

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March 23, 2010 11:56 PM   

If Shoptrade could take the Republicans off our hands I wouldn't mind the spam so much.

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March 24, 2010 12:23 AM   

This democracy thing isn't working out too well for Republicans; maybe they should try to abolish that too.

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March 24, 2010 8:17 AM   

It is amazing how ignorant of history Leftists are. All you Lefties complain (rightly) about Congressmen being unduly influenced by money yet when an idea comes along that would prevent that very influence you ignore it because you can't get beyond partisan nonsense. If your Messaih, Chairman maObama had thought of this you would be drooling all over yourselves trying to figure out a way to make it retroactive. Allowing the State legislature to once again choose US Senators would force the Senators to be beholden to the State's they serve, not the business interests who donate to their campaigns.

And rynato, get over the democracy thing. The USA is not now and has never been a democracy. The Framers created the Constitution because they felt the State's had become to democratic and bent too easily to the daiy whims of the people. The framers loathed democracy and believed it to be nothing more than mob rule. The USA is a Constitutional Republic.

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March 24, 2010 11:00 AM    in reply to Anarchy

The political theory of the Constitutional Republic: Only me and people exactly like me can make the decisions. Everyone else is just a farm animal.

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SW

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March 24, 2010 8:49 AM   

This guy is clearly a Gohmert!

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March 24, 2010 9:12 AM   

The original idea was to have the Senate more closely represent the interests of the individual states while the House was to represent the people. I believe that many forget that one of the reasons this was changed was the corruption that was occurring in several states with respect to vote buying. Although this would be one of the few times there was actually a suggestion that we can attribute to the framers.

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March 24, 2010 12:04 PM   

Well, I suppose I’m jumping into a pool of sharks – but what the hell.

Obviously, the word compromise had been left out of the political dictionary; so has, respect - on BOTH sides. Personally, I will not claim affiliation with either party, both have become intolerably big headed in that they think they have the one, true answer for what ails this country – and both are wrong.

You guys are as bad as the dude you’re sniping, no willingness to see the other side’s point of view. I think he’s wrong in what he’s doing – but I do understand why he’s doing it. The fact that numerous states are trying to block this legislation because their constituents are screaming at them to do so, should say something. He’s doing his job, representing the people who elected him the best way he knows how, as foolhardy as that may be.

Personally, I am for healthcare reform, but the way it was handled left a sour taste in my mouth. It should have been handled better – on both sides. Neither was willing to work with the other side, neither was willing to listen to the people that elected them – they never do. They give good lip service, but at the end of the day, it’s politics as usual.

Blood's in the water…


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March 26, 2010 5:22 PM   

Representative Gohmert is correct! OBamaCare can be traced to the 17th Amendment and the loss of a very important Check on Federal power.

I suggest the following language accomplishes the re-establishment of the Check and also provides a mechanism for States to recover from Federal overreach during the last 97 years:

The following additional clause should be added to article 1, section 7:

Clause 4. Every Bill which shall have become a Law, shall be repealed as Law without Reconsideration upon the Objection of two thirds of the Legislatures of the several State

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June 7, 2010 12:13 AM   

I'm not sure which I find less surprising, the fact that Gohmert is a Republican or that his district is in Texas.

That said, according to the Constitution, which I've recently been reading, Congress would have to pass a new amendment and sent it to the state legislatures and 3/4 of those legislatures would have to approve it in order to repeal the 17th Amendment.

How would Gohmert expect to pass such an amendment in a Congress controlled by Democrats?

m65 kamagra

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