- Target:
- Members of the Senate and House of Representatives
- Region:
- United States of America
This petition was submitted in 2009 during our country's 111th 2-year Congress. And it was deactivated near the end of that Congress, on 9-6-2010, after it became obvious that the legislation it supported was going nowhere.
Since that time, I have periodically searched for a similar bill to support among the thousands that are submitted during each 2-year Congress. And I have been disappointed every time. That is, until now. A Congressman from California has submitted an exact duplicate!
So, naturally, I am seriously considering updating and reactivating this petition. But before I do, I would greatly appreciate any advice you might have for improving it. For example, should I leave the petition as it is, merely updating it to focus on the new legislation and to reflect the fact that there is (as yet) no companion bill in the Senate? And if not, what changes would you recommend other than my paying the fee required to get rid of all the ads? The same goes for the background section. To reach me, simply click on the link to my name (Tom Foreman) underneath the petition's title at the top of this page.
But if your advice is to simply abandon the idea as hopeless, don't bother. Yes, I fully realize that our country's Founding Fathers purposely made the Constitution extremely difficult to change. But I would remind you of the famous quote attributed to Margaret Mead: “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” Lastly, if you think there simply isn't enough time left before a new Congress is sworn in on January 3rd of next year, I would remind you of how quickly we the people (especially the youth of our country) got another Amendment related to voting rights passed "in record time" just 53 years ago!
P.S. I apologize for not taking this step a year ago, when this legislation was first submitted. Quite simply, I missed it. And I really don't have a very good excuse. Like many of the rest of my fellow citizens, I had spent far too much time using these newfangled communication devices of ours strictly for entertainment purposes . But recently, while in the process of trying to whittle down the over 1,000 emails that I have accrued over the years, I came across this inspirational 2012 article by Nicholas Kristof. And it occurred to me that 10 or 20 years from now, the children of our country will surely look back upon us and wonder: How could hundreds of millions of citizens in a democracy have such powerful communications tools at their fingertips, and yet behave as though they were helpless in effecting meaningful political change?
And that shamed me into reviewing the various political activities that I had taken part in over the years, with an eye towards finding something that had the potential to break through our polarized political atmosphere by appealing to just about everyone. I know that there are a heck of a lot of more important things that need to be dealt with by Congress, but a success here will likely inspire other citizens (especially among our country's youth) to initiate more consequential changes in the years to come.
So please give me any advice you might have on how to improve this petition. And don't look to me to lead this effort in any other way than getting the ball rolling by revising and reactivating it. I'm 77 years old now, and not nearly as mentally sharp or energetic as I once was. But more to the point, I have taken part in so many failed citizen-initiated attempts at effecting political changes in my lifetime that I am feeling the effects of burnout. And I am therefore unfit to act in a leadership role.
2011: Former Governor Blagojevich was sentenced to 14 years for corruption.
2020: The sentence for Former Governor Blagojevich was commuted by President Trump.
According to the U.S. Senate's own web site, Article 1 of our nation's Constitution required that members of the U.S. House of Representatives would be chosen by the People. It also clearly required that all vacancies in the House would be filled in the same manner: "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."
Members of the U.S. Senate, however, were not to be chosen by their fellow citizens. Instead, they would be selected by the Legislature of each respective state. Article 1 also provided that when vacancies occur "during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies."
It was not until over 100 years after the Constitution was ratified that we the people obtained the right to vote for senators directly, by means of the 17th Amendment. Unfortunately, it retained the original authority for Governors to make temporary appointments "until the people fill the vacancies by election as the legislature may direct."" And most states have interpreted temporary to mean until the next scheduled statewide election. So unlike when vacancies occur in the House of Representatives, most Governors have the power to appoint whomever they please to fill these temporary vacancies.
And with such power at their disposal, it's no wonder that many Governors have abused it in shameful ways since the 17th Amendment was ratified 96 years ago. For example, at least nine effectively appointed themselves and one recently was arrested amid allegations that he attempted to sell Barack Obama's Senate seat:
This has naturally become an issue of deep concern to those of our fellow citizens who live in Illinois, where this most recent scandal has occurred. But I believe it should be of just as much concern to the rest of us. Because there have already been over 180 gubernatorial appointments of senators since the 17th amendment was enacted, and there will undoubtedly be many, many more in the years to come. So, as citizens of the modern world's leading democracy, I think we have both the right and the responsibility to ensure that such abuses of power never occur again.
Fortunately, a small bipartisan group of those elected to serve us is trying to put an end to these undemocratic appointments. Led by Democratic Senator Feingold and Republican Congressman Dreier, they are supporting legislation that they hope will become the 28th Amendment: Senate, House of Representatives. They face an uphill battle, however, because the Founding Fathers purposely made our nation's Constitution extremely difficult to change.
So please encourage other members of Congress to support Senator Feingold and Congressman Dreier in their bipartisan effort to end the appointment of U.S. Senators by state Governors. Thus far, only THREE of the 100-member Senate and EIGHT of the 435-member House of Representatives have joined them as Cosponsors. That's a long way from the number needed to get the congressional leadership's attention as they decide which of the thousands of bills and resolutions will actually be voted on this year. And it's even farther away from the 2/3 majority it would take to pass it.
For more background on this issue, please consider this favorable editorial from the NY Times, as well as this more in-depth one from FiveThirtyEight.
To: Members of the Senate and House of Representatives
We believe the time has come to put an end to scandals like the one surrounding the selection of a replacement for the Senate seat previously occupied by President Obama. That is why we urge each of you to become cosponsors of the following constitutional amendment, and to actively support its passage in other ways as well:
"Section 1.. No person shall be a Senator from a State unless such person has been elected by the people thereof. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies.
"Section 2. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as a part of the Constitution."
Senate Bill: Text and Cosponsors
House of Representatives Bill: Text and Cosponsors
The Amendment 28 petition to Members of the Senate and House of Representatives was written by Tom Foreman and is in the category Politics at GoPetition.