In order to amend the Constitution, three fourths of the states that exisited when the amendment was proposed must agree on its raification.
In the case of the 17th Amentdment there were 48 states when the amendment waw submitted to the states for ratification. In 1913 there were 36 states that voted in favor of its ratification. Delaware and Utah were the only states to reject it while 10 other states abstained from voting on its ratication.
Five of those ten states have since ratified the 17th amendment and there are sven states that have not ratifice it.
At last count there are 41 states legislatures that have ratified the amendment 7 that have not.
Delaware and Utah voted to reject the amendment in 1913 and Delaware rescinded vote in 2010 and begame the 41st state to rtitify the amendment.
If six of the states that have previously voted in favor of the ratification of the amendment rescind their previous vote in favor of the amendment, the number of states in favor of the amendment would be reduced to 35. This total would be one less that the number required for the amendment to be lawful.
In Article V of the Constitution it mandates that no state shall be deprived of its represenation in the senate without their consent, There following seven states have been denied their representation in the senate without their consent. .
Connecticut – April 8, 1913 With 36 states having ratified the Seventeenth Amendment, it was certified by Secretary of StateWilliam Jennings Bryan on May 31, 1913, as part of the Constitution. The amendment has subsequently been ratified by:
The states are Utah, Kentucky, Mississippi, Florida, Georgia, South Carolina and Virgini have not ratified the amendment and are being denied their equal representation in the senate without thrir consent. Because they have not given their consnte they are not suject to the provisions of the 17th amendment.
The seven atates that are being deprived of their equal representation in the senate should unite and discontinue having the direct election of senators in their states.
These states should file lawsuits in Federal Court to enforce the Constitution and their right to equal represenation in the senate.
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