Article V guarantees that no state shall be denied their equal suffrage in the senate without their consent. The seven states that did not ratify the 17th Amendment have not given their consent to surrender their Constitutional right to be equally represented in the senate.

The following states  have a guaranteed Constitutional right t o be represented in the senate and should ignore the 17th Amendment in their state.

• Utah
• Florida
• Georgia
• Mississippi
• Kentucky
• South Carolina
• Virginia

In 1913 the legislature of the state of Delaware opposed the ratification the proposed 17th Amendment.  Nearly 100 years later In 2010 the legislature of Delaware decided to change their vote to the affirmative.

In 1913 there were 36 states that voted in favor of ratification while two states rejected it and 10 states did not for or against its ratification. 

The states have a right to give their consent and they also have the right to withdraw their consent. In the case of the ratification of the 17th Amendment, Delaware voted not to ratify the 17th Amendment in 1913.