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Repeal the 17th Amendment Ignored Anti-Federalist Predictions and Warnings on the Senate

Repealing the 17th Amendment has become a rallying cry for those seeking to restore federalism. But the Anti-Federalists warned during the ratification debates that structural flaws in the Senate run much deeper than merely the method of election. Corruption, careerism, and usurpations of power won’t disappear with repeal alone - not even close. The Anti-Federalists identified three fundamental issues that plagued the Senate, even under its original structure: No Recall Power In Office Too Long Blending of Powers in the Senate Together, these flaws created what the Anti-Federalists feared most - a breeding ground for corruption and consolidation of power - leading to a destruction of liberty. No Recall Power The Anti-Federalists strongly and repeatedly criticized the lack of a mechanism for recalling senators under the Constitution, arguing that this absence eliminated a key check on unaccountable power - a concern that remains critical today. Under Article V of the Articles of Confederation, states reserved the power to recall and replace their delegates to congress at any time, for any reason. “For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.” This power was intentionally removed by the framers of the Constitution in Philadelphia because they generally felt that recall would keep each senator, as Alexander Hamilton described it, “in such a state of vassalage and dependence, that he never can possess that firmness which is necessary to the discharge of his great duty to the union.” George Nicholas explained “The dread of being recalled would impair their independence and firmness.” Anti-federalists like Patrick Henry disagreed, vehemently. “At present you may appeal to the voice of the people, and send men to Congress positively instructed to obey your instructions. You can recall them if their system of policy be ruinous. But can you in this government recall your senators? Or can you instruct them? You cannot recall them. You may instruct them, and offer your opinions; but if they think them improper, they may disregard them.” Learn more about this essential history they don’t teach in government schools. Podcast - Repeal the 17th Amendment: Ignored Anti-Federalist Warnings on the Senate Article - Repeal the 17th Amendment: The Anti-Federalist Warnings We Must Not Ignore George Mason made the case that with a Senate disconnected from the states, senators could easily ignore state interests, pursue their own agendas, or succumb to national-level influences, including foreign bribery or political factions. “In the new Constitution, instead of being elected for one, they are chosen for six years. They cannot be recalled, in all that time, for any misconduct, and at the end of that long term may again be elected. What will be the operation of this? Is it not probable that those gentlemen, who will be elected senators, will fix themselves in the federal town, and become citizens of that town more than of our state?” Mason continued, warning that in such a scenario, Senators would “exercise those machinations and contrivances which the many have always to fear from the few.” In Massachusetts, Dr. Taylor followed up saying that without a recall power, once Senators are chosen “they are chosen forever.” In Office Too Long The six-year term for senators was a major Anti-Federalist concern, as they feared it would encourage careerism, entrenchment, and the rise of a permanent political class. They called for rotation of six out of 12 years, or just shorter terms, or even a hard limit on time in office. Col. William Jones of Massachusetts warned that “senators chosen for so long a time will forget their duty to their constituents.” Melancton Smith of New York also raised concerns about senators becoming disconnected from the people, stating that without rotation or recall, “there is no doubt that the senators will hold their office perpetually; and in this situation, they must of necessity lose their dependence and attachment to the people,” and instead, they would in essence act as independent agents of federal power. Mercy Otis Warren echoed these warnings, “A senate chosen for six years, will in most instances, be an appointment for life, as the influence of such a body over the minds of the people, will be coeval to the extensive powers with which they are vested, and they will not only forget, but be forgotten by their constituents.” Too Much of a Mixture or Blending of powers The Senate’s role as both a legislative and executive body deeply alarmed the Anti-Federalists. This blending of powers - approving treaties, confirming executive appointments, and legislating - was seen as a dangerous breach of the separation of powers, creating significant opportunities for corruption and abuse. Anti-Federalists criticized the Senate’s intertwined functions with the executive branch - especially its ability to approve appointments and make treaties - arguing that this concentration of power created opportunities for unchecked influence and corruption. They warned that placement of the Vice President as the president of the Senate, with the ability to cast tie-breaking votes, only compounded these concerns. Additionally, they objected to the Senate’s role in trying impeachment cases. Since senators had the power to confirm appointments, critics warned that they would be unlikely to convict those they had helped appoint, rendering impeachment an ineffective check on power. Patrick Henry went so far as to call impeachment “a sham.” Pennsylvania Anti-Federalists expressed these fears clearly, stating: “The senate is a constituent branch of the legislature, it has judicial power in judging on impeachments, and in this case unites in some measure the characters of judge and party, as all the principal officers are appointed by the president-general, with the concurrence of the senate and therefore they derive their offices in part from the senate.” Centinel echoed this, warning that the Senate’s blending of legislative and executive powers “highly tends to corruption.” Centinel emphasized the foundational principle of separation of powers, "When the legislative and executive powers (says Montesquieu) are united in the same person, or in the same body of magistrates, there can be no liberty." For the Anti-Federalists, these overlapping powers in the Senate were a clear threat to liberty. JOIN TAC, SUPPORT LIBERTY! Let’s keep building the foundation! For as little as $2/month, help us take a stand for the Constitution and liberty - whether the government likes it, or not. (they don’t!) details here Lessons for Today The Anti-Federalists repeatedly predicted dire consequences due to these structural issues in the Senate. Luther Martin, a staunch opponent of centralized power, highlighted the lack of accountability for senators as a major concern. Comparing the structure of the new Constitution with his state’s practices, he observed: “In this State it is provided by its constitution, that the representatives in Congress, shall be chosen annually, shall be paid by the State, and shall be subject to recall even within the year;  so cautiously has our constitution guarded against an abuse of the trust reposed in our representatives in the federal government.” He contrasted this with the Senate under the Constitution, where senators were far removed from state control: “Whereas by the third and sixth sections of the first article of this new system, the senators are to be chosen for six years instead of being chosen annually; instead of being paid by their States who send them, they in conjunction with the other branch, are to pay themselves out of the treasury of the United States; and are not liable to be recalled during the period for which they are chosen.” Martin’s concern was clear: the Senate’s structure severed the vital connection between senators and the states they were meant to represent. He warned of the dangers this independence could bring: “Thus, Sir, for six years the senators are rendered totally and absolutely independent of their States, of whom they ought to be the representatives, without any bond or tie between them - During that time they may join in measures ruinous and destructive to their States, even such as should totally annihilate their State governments, and their States cannot recall them, nor exercise any controul over them.” Martin feared that this independence would open the door to corruption, unaccountable governance, and policies destructive to federalism and liberty - issues that remain relevant as centralization continues to grow. In the first century or so after ratification of the Constitution, Anti-Federalists appear to have been prophetic. Corruption was becoming rampant, power was centralizing, and senators were becoming less and less accountable to their states. In the next century or so after ratification of the 17th Amendment, which changed the election of Senators in congress from a choice by state legislatures to the direct popular elections we have today, none of these issues have been resolved - in fact, they have only worsened. Repealing the 17th Amendment would be a step toward decentralization and restoring federalism, but it is far from a complete solution. Addressing the deeper structural flaws identified by the Anti-Federalists and educating the public about these lessons is essential to preventing a repeat of the same mistakes. It’s no wonder why government-run schools rarely teach these foundational principles  and views - they’re a huge part of the system that has given us the biggest government in history. But TAC has you covered - and nothing helps us reach and teach more and more people with this kind of essential historical information - more than the financial faith and support of our members. JOIN US TODAY! Here’s the link, you know what to do: https://tenthamendmentcenter.com/members/ Brick-by-brick. Person-by-person. Building a strong foundation for liberty – whether the government happens to like it, or not. (they definitely do not) If you prefer a one-time donation, you can pitch in online at this link: https://tenthamendmentcenter.com/donate/ You can also mail a check to: Tenth Amendment Center 16755 Von Karman Avenue Suite 200 PMB 705 Irvine, CA 92606 Thank you so much for reading - and your support! Concordia res parvae crescunt (small things grow great by concord) Michael Boldin, TAC