Cato Daily Podcast Best of Cato Daily Podcast: Repeal the 17th Amendment?
May 7, 2025
Todd Zawicki, a professor of law at George Mason University, dives deep into the implications of the 17th Amendment on U.S. Senate elections. He discusses whether repealing it could restore state representation and analyze federalism's evolution. Zawicki critiques modern election methods, celebrating the historical diversity of senator appointments. He argues that returning to state legislature selections may enhance state authority and realign the balance with federal power. This thought-provoking conversation challenges listeners to reconsider current governance structures.
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Senate's Original Federalism Role
- The 17th Amendment removed state legislatures' power to choose U.S. senators, shifting to direct elections.
- Originally, senators acted as ambassadors of state governments, protecting states' interests federally.
Tea Party's Interest in Repeal
- Caleb Brown encountered a Tea Party petition seeking to repeal the 17th Amendment.
- This sparked renewed interest in restoring Senate's state-focused role against federal overreach.
States Control Senator Selection Today
- Most states now effectively select senators by popular vote despite 17th Amendment repeal.
- Different selection methods could remind senators they answer to state legislatures, reinforcing federalism.