The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate
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"The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote."
After the September 11, 2001, terrorist attacks, the federal government announced that it would preempt all state jurisdiction over airport security. The federal government preempted state powers without regard to balancing federal and state responsibilities so that these responsibilities, and related costs, could be distributed across federal, state, and local governments. To carry out this preemption, the federal government recently reported that it will employ more than 47,000 federal recruits in the fight against terrorism as newly trained security screeners. They are to begin working at 424 airports nationwide. READ ARTICLE
Separation of Powers and Federalism are the Keys to Accountability
Thomas Jefferson once stated during the formation of the U.S. Government: "We might hope to see the finances of the Union as clear and intelligible as a merchant's books, so that every member of [the] Union, should be able to comprehend them to investigate abuses, and consequently to control them." Thus, fiscal reporting, accountability, and control were valid original objectives with respect to the U.S. Government. They are still valid today. Needless to say, however, they are not being achieved today. READ ARTICLE
In Garcia v. San Antonio Metropolitan Transit Authority, the Supreme Court held that state interests are more properly protected from federal encroachment by the procedural safeguards found in the federal political process rather than by judicially defined limitations. Justice Powell, in a strong dissent, asserted that the majority's decision reduced the tenth amendment to "meaningless rhetoric." In explaining its decision, the majority observed that State governments, through equal representation in the Senate, retain sufficient influence over the federal political process to insure their autonomy and sovereign interests.The Court, however, recognized that the seventeenth amendment, which provides for the popular election of Senators, may have diminished the influence that state governments have over the federal political process and, thereby, the effectiveness of the states' role in that process. READ ARTICLE