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News Link • Senate/Senators

The Senate and the Loss of "Mixed Government"

• Mises.org

Most serious writing that advocates repeal of the 17th Amendment was published more than a decade ago. At the time, libertarian and constitutionalist circles showed modest interest in restoring Senate selection to state legislatures. That discussion never matured into a sustained reform effort, and it eventually faded.

The reason is not difficult to identify. Critics of the 17th Amendment have persuasively argued that direct election has nationalized the Senate and weakened federalism. What they have not convincingly shown is that repeal alone would solve the problems that led to the amendment's adoption in 1913. Those problems included legislative deadlock, prolonged vacancies, and corruption in the selection process. Opponents of repeal continue to cite these failures as decisive objections, and they remain largely unanswered.

As a result, the debate has settled into a false choice. Defenders of the status quo accept a Senate that functions as a second House of Representatives—driven by national parties, donors, and media attention. Advocates of repeal argue for a return to legislative selection without fully explaining how the defects of the earlier system would be avoided. Neither position offers a structural solution capable of restoring the Senate's original constitutional role.


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