Fraudulent 17th Amendment.
Fraudulent 17th Amendment.
Fri Apr 29, 2005 13:17
64.140.158.248

-------- Original Message --------
Subject: [GMLH] Fraudulent 17th Amendment.
Date: Fri, 29 Apr 2005 10:46:04 -0500
From: cfrocky cfrocky@ev1.net
Reply-To: Global_Media_Lightning_Headlines@yahoogroups.com
To: (Recipient list suppressed)

With what all That is going on in Washington, D.C. It would be a
good idea to do away with the 17th Amendment to the U.S. Constitution. In
my opinion when Senators are picked by State Legislators, they do not need
millions of big business dollars to campaign with. They will be picked by
State Legislature, and all they will need to do is go before the
Legislators and prove that they would make good Senators. This would keep
the donators of Big Business from controling the Senators as they are doing
today and have been since the Fraudulent 17th was placed in the Constitution.
It is much easier to talk to your State Senator or Representative and
get something done then trying to talk to our Senators. In my opinion the
time is ripe to do things needed to be done with Politicians which have
needed to be done for years. We need to get back to the Constitution and
what it stands for.
From The Desk Of

Grandmothers For Honest Government
P.O. Box 6934
Tyler, Texas 75711
Working for better government today and all of tomorrow's.
Asking nothing for ourselves.


THE 17th AMENDMENT OF THE U.S. CONSTITUTION

Was it Valid? Was it Constitutional?


Addressed to all State Legislators:

The United States Constitution was ratified in 1787. For the following 125
Years through 1912 we had a CONSTITUTIONAL REPUBLIC; whereby, each State
Legislature selected their two U.S. Senators. The House of
Representatives, on the other hand was selected by direct popular
vote. The basic premise was interred to give checks and balance in the
Federal Legislature, making laws coming from two distinctly different
points of view, maintaining State's Rights with a balance of influence
between the States and the Federal Government. This Legislative check and
balance were destroyed in 1913, (eighty-six years ago). The appointment of
U.S. Senators by State Legislators was replaced by popular vote. This
change was made 'in a period when force s were moving our Nation toward a
more dominant central government. In the same year, 1913, this movement
also brought Federal Reserve Banking and the FEDERAL INCOME TAX.
With Unlimited taxing power and limitless spending, we have a Federal
Government that is "out of control." 'this is the opinion of most Democrat
and Republican State Legislatures.
YOU can take an important step in bringing the Federal Government back 'in
control while at the same time restoring much of the original structure of
our CONSTITUTIONAL REPUBLIC, with equal partnership between Federal and
State Governments.
James Madison expressed in the Federalist Papers, "The State Legislature is
the 'Voice of the State'and must be the vehicle for implementing States'
Rights through selection of the U.S. Senators; ONLY THEN, shall the balance
of power between the State and Federal Government be MAINTAINED in the U.S.
Legislature." Was this basic structure of our Constitution altered?
The last sentence of Article V of the Constitution clearly specifies, "NO
STATE, WITHOUT ITS CONSENT, SHALL BE DEPRIVED ITS EQUAL SUFFRAGE IN THE
SENATE." This is the key to States' Right's and States' Sovereignty! Each
State Legislature has the right to choose their two U.S. Senators
regardless of how other States select theirs. You will then hold your two
U.S. Senators accountable to your State through State Legislature thereof.

Article 1, Section 3 ' of the U.S. Constitution, states, "The Senate of the
United States shall be composed of two Senators from each State, CHOSEN BY
TliE LEGISLATURE THEREOF, for six
years, and each Senator shall have one vote."
In 1931 an Archive Research Study (U.S. Senate Document 4,240) was made by
the U.S. Senate in all forty-eight states. This study was to verify proof
of the validity of the ratification of all the Constitutional Amendments.
In 1913 when three fourths or thirty-six of the then forty-eight States
were needed to ratify an Amendment. The U.S. Senate Study in 1931
indicated 31 States ratifying the 17th Amendment in 1913, instead of the
necessary 36 States, The State Archive Search in 1996 came to the same
conclusion. The records do not confirm ratification in seventeen
states. Following are the results of this Archive Research.
- Five States (Kentucky, Maryland, Mississippi, Virginia, and
Alabama) were not in session in 1913 and never considered the 17th Amendment.
- Georgia and Rhode Island (issue died in Committee)
- South Carolina (postponed the issue)
- Florida (never reached the State Senate)
- Utah and Delaware (rejected the 17th Amendment)
- Maine and New Hampshire's votes and procedure were questionable
(voice vote only).
Maine's record of voting in either chamber is nonexistent. New
Hampshire's record of
State Senate vote is nonexistent.
- The States of North Carolina, Connecticut, and Massachusetts show no
record of a
vote in one or both Legislative Chambers.
Louisiana passed in May 1914 (one year after the facts)
Regardless, the political pundits did not have the commission for changing
our Basic form of Government.
THE CONCLUSION-IS -- THE 17TH AMENDMENT WAS NEVER PROPERLY RATIFIED.
You may ask, "Why hasn't this question of validity been addressed through
the Federal
Courts?" The answer is, it has been addressed several times. However, the
usual court answer,
"It is too late to do anything about this Amendment because it is already
built into our System of
Government." This issue was set aside, by the 7th Federal Circuit Court
over a decade ago. (Law

of Prescription)
As for the American people they are mostly honest and hard working. They
are our nation's taxpayers and they know right from wrong-The problem with
this amendment is just a simple math problem in addition and it is never
too late to correct a problem most especially when it completely changes
the intent of our Founding Fathers who gave us the most perfect government
the world has ever known. Since this amendment was never properly
ratified, it is the duty of each State Legislature to select two of their
members to represent their respective State in the United States Senate as
set forth in the IT-nited States Constitution ratified in 1787.
Let us live up to the intention of our Country's Founders and take action
on this part of our Constitution; whereby, you, the State Legislators may
select your two U.S. Senators. It's up to YOU -not the Federal Courts to
bring back what we yearn for -- a Federal Government under better control,
whereby, you in the State Legislature may have a say in Federal Taxation
and spending. Now is y .Qur opportunity to take immediate action on this
important issue by returning to our Constitutional Republic.

FOLLOWING IS THE BILL OR RESOLUTION TO BE INTRODUCED IN EACH STATE FOR
ACTIVATIND STATE LEGISLATIVE SELECTION OF THE TWO UNITED STATES SENATORS
THEREOF
1. Continuation or curtailment of the terms of the present U.S.
Senators to be left to the discretion of the State Legislatures thereof
2. The wages of a U.S. Senator appointed by a State Legislature shall
be paid-by that State, and that Senator shall be accountable to the State
Legislature thereof
3 . The last clause of Article V of the U.S. Constitution specifies-
"...THAT NO STATE, WITHOUT ITS CONSENT SHALL BE DEPRIVED OF ITS EQUAL
SUFFRAGE IN THE SENATE." (This is the key to the very existence of States'
rights in the U.S. Senate)
4. States choosing to implement Article V shall activate Article 1,
Section 3 of the U.S. Constitution. "The Senate of the United States shall
be composed of two Senators from each State, CHOSEN BY THE LEGISLATURE
THEREOF, for six years, and each Senator shall have one vote."
5, The Federal Courts shall have no commission in this basic structure of
our Government. (The Constitutional Republic)

6. The States built and implemented our basic Constitution form of
Government including the Federal Courts -- It's the Commission of the
States -- not the Federal Courts -- to maintain this basic Governmental
structure -- the product of the constitutional convention in 1787.
7. There shall be NO ATTEMPT to use this Resolution as a vehicle to
open up a Constitutional Convention. It is not a question of altering this
excellent form of Government, but it is a question of adhering to the basic
premises of this important document -- THE CONSTITUTION.

Submitted by,
Grandmothers for Honest Government

Working for better government today and all of our tomorrow's asking
nothing for ourselves.
Myra Davis-Dippel, President

P.O. Box 6934 - Tyler, Texas 75711

NOTE: Myra and I did work on this for several years. This letter was
sent to all of the State Legislatures of the 50 States United. It needs to
be done again. Myra has had a stroke and can not do any work on this for
the time being or may never be able to. In my opinion it would be nice if
a group from every state would pick up the work and carry it through your
State Legislature and get the 17th Amendment to the U. S. Constitution
voided and give States control over their Senators in Washington D.C. again.
Charles Nawrocki

FindLaw: US Constitution: Seventeenth Amendment
FindLaw for Legal Professionals is a free resource for attorneys that includes
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Seventeenth Amendment - Popular Election of Senators

Amendment Text | Annotations

Clause 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

Clause 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
http://caselaw.lp.findlaw.com/data/constitution/amendment17/

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