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. -
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.
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No State shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State deprive any person of life,
liberty or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws. -
"I repel the suggestion...that the Amendment will...take away any State any right
that belongs to it." -
"The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people."
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Dear Patriots,
I am often asked what happened to State's rights under our form of government. The short answer is that the 14th and 17th Amendments happened. The separation of powers between the states and the federal government was designed to reinforce the principle of limited government. The federal government was supreme in matters delegated to its responsibility, but it was specifically restricted from invading the States' independence and sovereignty. As Alexander Hamilton wrote, "This balance between the national and state governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits, by certain rivalship which will ever subsist between them."
Originally, the states could protect themselves because U.S. Senators were appointed
by the state legislatures. This was especially important to the States since the
Senate could veto any legislation by the House of Representatives that threatened
the rights of the individual States. This also made the Senators accountable to
the state legislatures. Unfortunately, the protection of states' rights was virtually
annihilated with the ratification of the 17th Amendment in 1913. The 17th Amendment
provided that Senators would be elected by popular ballot rather than appointed by
the state legislatures. Tragically, the Amendment retained a 6 year term for Senators.
By removing our Senators' accountability to the state legislatures yet retaining
such a long term, the 17th Amendment resulted in making our U.S. Senators accountable
to no one but their respective political parties. Thus, the 17th Amendment has not
only annihilated States' rights, but also popular control. The 14th Amendment was
ratified to end the Black Codes and Jim Crow laws enacted by Southern Democratic
Legislatures. By overstepping the bounds originally set on the federal government
by our Constitution, this Amendment trampled States' rights by allowing federal courts
to eventually take over all our rights, including our religious rights. We, as a
People, are now in the dangerous position of allowing our federal government to dictate
to our States what it may or may not do -