The Amendment Protection Clause

[Keith Broaders]

The Direct Election of Senators

Buried in Article V are two very significant provisions. The first provision prohibited Congress from passing legislation that would restrict the importation of slaves until 1808.

The second provision guaranteed that the legislatures of the several states could not be deprived of their equal suffrage in the Senate without their consent.

This provision means that only the states which have already voted to ratify the 17th amendment are compelled to have their Senators elected by the people.  The remainder of states would be assumed to have the choice of appointing their own.

Today, Utah, Georgia, Florida, Mississippi, South Carolina, Georgia and Kentucky have never given their consent to give up their equal representation in the Senate. As a result they are not subject to the 17th Amendment and thus their state legislatures have the lawful authority to appoint their own Senators. 

By remaining silent and complying with the terms of the 17th amendment, the states, (which have not yet formally ratified the 17th amendment), have unwittingly given their consent to tyrannical government. The legislatures of these states need to assert their right to equal suffrage, as guaranteed to them in Article V and by adhering to Article 1, Section 3, Clause 1, wherein;

"The Senate of the United States shall be composed of 2 Senators from each State, chosen by the legislatures thereof,..and each Senator shall have one vote"

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