Introduction
The Constitution of the United States is the world’s largest written charter of government. For more than two centuries, the Constitution has remained in force because its creators successfully divided and balanced state powers to protect the interests of both majority rule and minority rights, as well as freedom, equality, and the federal and state governments. The Constitution can be amended, and I propose introducing a new one that repeals the 17th Amendment.
Amendment Proposal
I propose the 28th Amendment, which repeals the 17th Amendment to the Constitution, allowing state voters to directly elect their U.S. Senators. Before the ratification of the 17th Amendment in 1913, senators were selected by the state legislatures (Albert, 2019). However, in 2016, it became clear that this was not the best strategy, as Donald Trump lost the popular vote but won the Electoral College (Albert, 2019). The 28th Amendment should be voted for because its composition can ensure a more balanced legislative Assembly. Moreover, it deprives large settlements of the opportunity to dominate elections in a similar manner.
The U.S. Constitution provides two ways of adopting amendments, and one of them has never been used. The first way is that both chambers of the U.S. Congress pass the bill by a two-thirds majority. As soon as the bill passes this stage, it is sent to the states, and all 27 amendments are adopted. Since this process is lengthy and time-consuming, Congress, as a rule, sets a deadline for its approval in the states of the country: usually seven years.
Article V of the U.S. Constitution suggests another way to change the Constitution – a nationwide “Constitutional Convention,” a particular body that the U.S. Congress convenes at the request of at least two-thirds of the state legislatures. In American history, the Constitutional Convention has never been called; the procedure for electing its members and the rules, of course, are not legally defined.
After the U.S. Congress adopts the amendments (or, theoretically, by a Constitutional Convention), they must be ratified by three-quarters of the states. Congress determines this in one of two possible ways: ratification by state legislatures or conventions convened in each state specifically for this purpose. The second method was used only once – to adopt the already mentioned 11th Amendment, which abolished the infamous 18th Amendment (also known as the “dry law”) (Bernstein, 2022). In any case, the decision is made by a simple majority vote in the legislature or the state convention.
The role of the U.S. President in adopting amendments is minimal. He can express his opinion but cannot exercise his veto power, as is the case in the usual legislative process. However, nothing prevents the President from submitting a proposal to the U.S. Congress for consideration of a draft amendment. However, in 2004, George W. Bush took the initiative to introduce a provision into the Constitution that marriage can only be considered a family union between a man and a woman.
Conclusion
A joint resolution containing a draft amendment to the Constitution of the United States must be approved either by a two-thirds vote of both houses of Congress or by a special convention convened at the request of the legislative assemblies of two-thirds of the states. An approved draft amendment requires ratification by three-quarters of either state conventions or state legislatures to become final. I am proposing the 28th Amendment to repeal the 17th Amendment, which will result in a more balanced legislative assembly.
References
Albert, R. (2019). Constitutional amendments: making, breaking, and changing constitutions. Oxford University Press.
Bernstein, R. B. (2022). Amending America: If we love the Constitution so much, why do we keep trying to change it? Plunkett Lake Press.