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I agree that the check and balance is not what it was.. but why would you say because of the 17th amendment? senators being elected vs appointed by state legislatures... I'm not sure what your line of thinking is with that.
because by senators being elected by the people, that makes the senate a collective body, and that collective body can be lobbied, bought and paid for by special interest groups, because the senators are free to vote any way they wish, and collective laws are made in the interest of special interest groups, this ends up in special interest controlling our government, which violates people rights, and violates the separation of powers, ....federalism.
by the senate being appointed by the state legislatures, this makes the senate a non collective body, and cannot be lobbied, bought and paid for, by special interest, because the senator must vote according to how their state legislature tells him to vote, this is how the states protect their state powers from federal government usurpation., and laws cannot be made to violate rights of the people, usurp powers of the states and damage the union.
in original constitutional law .....the house is to represent the interest of the people, while the senate is to represent the interest of the state legislatures, and the president represents the interest of the Union.
in order for any law to be created all 3 interest must be represented in the law making process.
today with senator elected, senators sell their votes to lobbyist just like the house does, which is a collective, which seeks to get laws passed only in their single collective interest and not in the interest of the people -the states and the union.
the founders created the senate to block the collective capacity of the people of the house from making collective laws in the interest of special interest groups.
federalist 63 - The true distinction between these and the American governments, lies IN THE TOTAL EXCLUSION OF THE PEOPLE, IN THEIR COLLECTIVE CAPACITY, from any share in the LATTER, and not in the TOTAL EXCLUSION OF THE REPRESENTATIVES OF THE PEOPLE from the administration of the FORMER.
james Madison in the federalist is saying- the people can vote collectively but they cannot make law collectively.
collective law making is destroying this nation....because we have made it possible for collective legislation to get through the senate unopposed with the 17th and become law
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