David Graham Phillips

The Coming War On The 17th Amendment By Conservatives!

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The right wing in America has a planned strategy to conduct war on the 17th Amendment to the Constitution, one of the greatest of all amendments added since the first ten were enacted as the Bill of Rights!

The 17th Amendment, added to the Constitution in 1913, came as the outgrowth of the Progressive Era, and occurred at its peak, the vigorous campaign for progressive reform promoted by Theodore Roosevelt and Woodrow Wilson in the Presidential Election of 1912. It was also endorsed by the incumbent President, William Howard Taft, who had elements of progressivism in him despite his general reputation as a conservative, which led to his disastrous third place finish in 1912, despite being the Republican nominee.

The 17th Amendment developed in reaction to “muckraker” David Graham Phillips’ path breaking non fiction exposure, “THE TREASON OF THE SENATE”, which demonstrated the corruption of the US Senate, and its leading figure, Senator Nelson Aldrich of Rhode Island, and led to direct popular election of the US Senate from 1913 onward.

One could argue that even with popular vote, the US Senate often disappoints us, and there are Senators who are an embarrassment and a disgrace to that legislative body.

But now, conservatives are promoting the idea of the repeal of the 17th Amendment, returning us to the method in the Constitution adopted in 1787, to have the often corrupt state legislatures choose the Senators, and deny the population the popular vote involvement in selecting the members of the upper body of Congress.

The theory has developed that all the laws passed to promote political, social and economic reform since 1913, including the massive reforms of Woodrow Wilson, Franklin D. Roosevelt, Lyndon B. Johnson, and all other Presidents might be repealed as illegitimate if the Senate method of election returned to the pre 1913 system.

This is an alarming development, and joined with the desire to get rid of the 16th Amendment (federal income tax) and the 19th Amendment (woman suffrage), all of these “Progressive” amendments, could, if enacted take us back to the 19th century Gilded Age!

The Senate In Crisis A Century After The 17th Amendment

Ronald 2 Comments

The US Senate was a very undemocratic institution a century ago, controlled by special interests, including the oil, steel, banking and other trusts and monopolies, and its membership selected by the vote of corrupt state legislatures across the nation.

The Senate was exposed for its faults and corruption by David Graham Phillips in his article in 1906 in Cosmopolitan Magazine, which has been reprinted in 2012, an article of 108 pages, a small book, exposing the corruption of Senate Majority Leader Nelson Aldrich of Rhode Island. This was followed up by other articles in muckraking periodicals, exposing the corruption of other US Senators.

These articles motivated a reform movement, leading to the 17th Amendment to the Constitution, establishing popular vote elections for the US Senate. It did not mean that every Senator elected was brilliant, or a positive force, but at least the people had the final say on who would represent them, as in the US House of Representatives!

Now, a century later, the US Senate is in paralysis, greatly due to the abuse of the filibuster system, which now requires 60 Senators to end a filibuster, while it used to be even worse, 67 before reforms in 1975. The filibuster was originally utilized to stop civil rights advancements, but now it is used to prevent any action on many nominations and many bills, effectively hamstringing any progress or change on anything controversial.

But also, it is clear that special interest groups, similar to those a century ago, but more such groups and more widespread, have made the US Senate captive again.

And with growing differences in population in coastline states, as compared to states in the interior, we are finding the concept of each state having two US Senators, whether they represent millions of citizens, or just hundreds of thousands of citizens, becoming one where states with few people, are able to stop what the majority of the American people want!

Four Democratic Senators, scared to death of the National Rifle Association, end up refusing to support the end of the filibuster on extended background checks on gun sales, and yet these Senators represent small populated states (North Dakota, Alaska, Montana, Arkansas) which represent only about 5.4 million people, out of a national total of 309 million people, meaning they represent 1.6 percent of the people, in a nation in which up to 90 percent, including gun owners, want extended background checks on gun sales.

We allow the 49th 48th, 45th, and 33rd states in population to hamstring the rest of the nation, absolutely insane when one thinks about it, and this is not just true on one issue, but many!

This problem of small populated states,the abuse of the filibuster, and special interest groups (including major corporations) is a situation which threatens resolution of ANY major issue facing the nation in the 21st century, unless, somehow, some kind of reform of an outdated system of the 18th century is brought about, which is extremely unlikely!

1913: A Year Of Two “Progressive” Amendments To The Constitution, 16 And 17!

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A century ago, as the Presidency of William Howard Taft came to an end, and as Woodrow Wilson was about to be inaugurated, the Constitution had two new amendments added within two months of each other—the 16th Amendment and the 17th Amendment.

Other than the original ten amendments, the Bill of Rights, never was the country to be so affected by constitutional change that transformed the nation, as with these two amendments.

President Taft, the so called “conservative” leaving office, supported both of these amendments, and they have have a massive impact on the nation ever since.

The 16th Amendment established the “progressive” federal income tax, at a time when we had seen the tripling of population, and the multiplication of social and economic injustice since the Civil War 50 years earlier. Without the federal income tax, there was no way that the nation could ever have moved forward and met its responsibilities to its citizens. The only problem was that over the years the wealthy would find all kinds of ways to manipulate the system, and so, today, the federal income tax is no longer very “progressive”. And also, there is a move on by conservatives and libertarians to repeal the income tax amendment, and have a national sales tax instead, a move that will not happen, but it if did, it would mean greater taxation based on consumption, and would hurt the poor and the lower middle class much more than the wealthy and upper middle class.

The 17th Amendment, the most democratizing amendment we had yet seen, called for direct popular election of the United States Senate, a move encouraged by muckraker David Graham Phillips and his book, THE TREASON OF THE SENATE, published in 1909. Instead of corrupt politicians in state legislatures choosing US Senators, an indication that the Founding Fathers did not trust the masses to choose their Senators, the decision was to allow the people to choose their Senators for a six year term.

How could anyone find fault with this, even with the recognition that often states may make “bad” choices for their Senators? Whatever we think about the choices, it is still better to have the people select their Senators, and in a sense, to be held accountable if they make an embarrassing, or disastrous choice. This is the power of the people, a movement toward direct democracy. And yet, there is a movement among conservatives to repeal this amendment, as well as the 16th Amendment.

Fortunately, it is very difficult to accomplish an amendment, and only the repeal of prohibition of liquor, the 21st Amendment effectively negating the 18th Amendment, has ever occurred.

We can look back on a century of the 16th Amendment and the 17th Amendment, and applaud what progressives accomplished a century ago!