Editorials: Conservatives’ 17th Amendment repeal effort: Why their plan will backfire. | David Schleicher/Slate

ver the past year, an increasingly central plank of conservative and Tea Party rhetoric is that constitutional change is needed and that the 17th Amendment in particular, which gives state residents the power to elect senators directly, should be repealed. (Previously, senators were selected by the state legislatures). Hard-right figures across the country, from Sen. Ted Cruz (R-Texas) to Georgia Senate candidate Rep. Paul Broun to a steady drumbeat of state officials, have now called for repealing the amendment and giving the power to select senators back to the state legislatures. Radio host Mark Levin’s book The Liberty Amendments, calling for repeal, among other constitutional changes, was the best-selling book on constitutional law last year. Clearly this is an idea with legs. This boomlet of energy for repealing the 17th Amendment is not the first in recent memory. Back in 2010, repeal was similarly endorsed by a bevy of conservative bigwigs from Justice Antonin Scalia to Gov. Rick Perry to now-Sens. Mike Lee (R-Utah) and Jeff Flake (R-Ariz.). Back then, support for repeal was mocked in Democratic campaign ads as kooky, but perhaps it’s time to concede that it is no longer a fringe idea. Given the ascendance of the right flank of the GOP, it’s worth taking the argument for repeal seriously.

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