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(h/t MediaMatters)

Remember that old saying, "Elections have consequences"? Well, apparently, Louis Gohmert (R-obviously, TX) doesn't think that should apply to him or his Senatorial cohorts:

Yesterday, Rep. Louie Gohmert (R-TX) suggested another response to the passage of health reform: eliminating the right of American citizens to elect U.S. Senators. According to a press release from Gohmert's office:

Rep. Gohmert stated, "The usurpation of the rights of the states and of the people perpetrated by the U.S. House last night is blatant, arrogant, and cries out for action. A potentially bankrupting 'mother of all unfunded mandates' needs to be stopped. The courts may or may not do it, but the states are not helpless. Article V of our U.S. Constitution anticipates a time when states perceive a looming crisis and provides an avenue for amending the Constitution. It makes clear that if two-thirds of the states are fed up with the federal government's abusive action, then they simply apply for a convention, and the Congress SHALL call such a convention for proposing an amendment."

Ever since the safeguard of State legislatures electing U.S. Senators was removed by the 17th Amendment in 1913, there has been no check or balance on the Federal power grab for the last 97 years. Article V requires a minimum of 34 states to request a Convention which in this case, would be an Amendment Convention for only ONE amendment.

Could he be a bigger whiner? Now, it's true, as originally conceived by the Founding Fathers, senators were appointed by their respective state legislatures to serve, which worked moderately well (with only the occasional accusation of corruption or bribery with which to contend) until the Civil War era. Then the accusations exploded. Per Wikipedia:

After the Civil War, the problems multiplied. In one case in the mid-1860s, the election of Senator John P. Stockton from New Jersey was contested on the grounds that he had been elected by a plurality rather than a majority in the state legislature. Stockton defended himself on the grounds that the exact method for elections was murky and varied from state to state. To keep this from happening again, the Congress passed a law in 1866 regulating how and when Senators were to be elected from each state. This was the first change in the process of senatorial elections. While the law helped, there were still deadlocks in some legislatures and accusations of bribery, corruption, and suspicious dealings in some elections. Nine bribery cases were brought before the Senate between 1866 and 1906, and 45 deadlocks occurred in 20 states between 1891 and 1905, resulting in numerous delays in seating Senators. Beginning in 1899, Delaware did not send a senator to Washington for four years.

Obviously, this was unsustainable, and so after much pushing and pulling and grumbling from muckrakers like Hearst, the 17th Amendment was passed in 1911 and adopted in 1913. There have been a few attempts to repeal it, most notably by Zell Miller, who called it an 'assault on federalism'.

However, I have news for Rep. Gohmert. Repeal of a constitutional amendment requires a two-thirds vote in both houses of Congress (what are your odds on that, Louie?) and ratification by three-fourths of the states' legislatures. Want to take a look at that electoral map again? Does the phrase "pissing in the wind" have much resonance with you?

Finally, as Media Matters points out, this only undercuts the GOP's crowing of the Scott Brown election:

Remember that conservatives, including Gohmert, argued that the election of Sen. Scott Brown (R-MA) signaled the public's rejection of the president's plan. Yet, while Tea Party activists flooded Massachusetts and pushed Brown to victory, Gohmert's proposal would have made that effort impossible. The state's overwhelmingly Democratic legislature could have simply appointed a Democrat.

About Nicole Belle
Nicole Belle's picture
Mom, Wife, Media Critic/Political Analyst, Blogger, Austen Fanatic, Unapologetic Liberal NicoleBelle@crooksandliars.com
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57 Comments
andrewmc's picture

"A potentially bankrupting 'mother of all unfunded mandates' needs to be stopped."

Haven't democrats stated how this will be paid for, e.g. tax increases on some, medicare savings etc?

Why is it that Republicans had no problem with all of Bush's unfunded mandates:

Wars in iraq and Afghanistan
No Child Left Behind
Prescription Drug Benefit
Tax Cuts for the Rich

I'm sure I'm forgetting some.

Liberalicious's picture

He either pays for my lobster or I don't put out.

;)

curtilingus's picture
:p

What does he get for a crayfish?

Liberalicious's picture

on a mandate.

;)

calgarylady's picture

a little shrimp?

hehe

curtilingus's picture
:p

That was good c-lady!

calgarylady's picture

curtilingus!

:)

Liberalicious's picture

Size queens and little shrimp.

;)

called the Little Shrimp.

I can't comment as to its ambiance or drink quality though.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

curtilingus's picture
:p

Maybe I shoulda called it a crawdad.

Do you have dad's on a mandate?

;)

Liberalicious's picture

They're called "Daddies".

curtilingus's picture
:p

LOL.

"I'm not a daddy in real life, but I play one in the bedroom..."

bilhelm-x's picture

I missed the boat on this one. It's probably more civil anyway.

pissed off patricia's picture

Does his nurse know that he is out in public and talking? WTF?


Say what you mean. Mean what you say. But don't say it mean.

couldn't get 'er done, you want to restrict the abilities of U S Senators?? Makes sense, only if you're a moron.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Liberalicious's picture

He's a MORAN.

mikerush's picture

"Sour grapes make a bitter whine!"

Joementum's picture

I figured Texas Republicans would jump right to secession. Quit dickin' around and get on that, Lou.

Liberalicious's picture

idiot governor has hopped on that train.

Roket's picture

Go back to Mayberry, Gomer.

jakes's picture

These guys must assume that they are never gonna win elections ever again - sort of a scorched earth mentality - so defeatist - I am starting to feel sorry for the scumbags - still can't trust them with an iota of power though - can't really afford another war...

Gomer's Pile wants a return to the "good old days," when his corrupt cronies could pick senators.

Excelsior's picture

A potentially bankrupting 'mother of all unfunded mandates' needs to be stopped.

Time to disband the standing military of the United States. All these wars we're obligated to pay for are far too great a drain on the nation's taxpayers, and they violate states' rights.


There's always free cheddar in the mousetrap, baby. - Tom Waits

Liberalicious's picture

The party that's screaming about Obama being a dictator and socialist fascist commie nazi is wanting to take away Americans' voting rights because the GOP lost?

Even during the worst of the Reagan/Bush/Bush years, the left and the Dems never got this bad.

I now truly believe the RW is clinically and certifiably insane, and should be treated as such.

project's picture

I have been saying it for quite a while. I can not see how anyone can come up with a different conclusion. The republican/conservatives have a mental illness it has killed the economy and god only knows how many people have died because of these lying insane fools.
I am to the point that just getting them out of office is not enough.
They need to pay for all the damage they have done.
I think we should have some public hanging.
We have a serious problem. We have 40 million people in America that do not have the morals or the intelligence to make sound rational decisions. They should not even be allowed to vote. They are less than 2/3 rds of a person. They seem to be lacking in mental capacity.
God damn the GOP!

virgo47tp's picture
OY

Does anyone think anymore? This country is comprised of 250 million stupid babies.

Liberalicious's picture

Or that's VERY scary...as the US population is currently 308 million. Which would leave only 58 million non-stupid babies.

Truth_Critic's picture

I noticed that fascist's claim... he represents them well!

PS. On a belated note... good-lookin ;P


Study the symptoms not the virus...

curtilingus's picture

PS. On a belated note... good-lookin ;P

Rep Gohmert?

. . . saved up for this week? Because it seems like you could run a post on a completely unknown state legislator with a crazy idea pretty much every day.

Oh well, I suppose it beats running a post on how the Democrats passed The Patriot Act again. It seemed so much worse when the Republicans did it.

When the Democrats did it last month, it wasn't even worth a mention at C&L. Oh well, as long as we can concentrate on an unknown Republican Senator with an idea that will never gain any traction the Democrats will still look good.

And that's the whole point, right?


Corruption favors the wealthy.

Winski's picture

Just a classic, loser, texas congress puke incapable of thinking beyond the end of his nose.. classic.. He must be positioning for a slot in the new regional parliament of the newest northern state of mexico when we give it back - lock, stock and Gomer-pyle barrel.

Since he clearly has no capabilities to communicate or think on the level of sentient beings he's reverting to working with single cell organisms to try and make a point - YOU FAIL GOMER.... AMF...

calgarylady's picture

Gomer Pyle was a decent fellow ;)

Liberalicious's picture
And

Andy and Opie campaigned for Obama.

calgarylady's picture
yes

and the Fonz did too!

fiver's picture

But he might have jumped the shark with that one :)


Corruption favors the wealthy.

calgarylady's picture

Perhaps, but he's got great legs!

Patriot Actor's picture

shazam to that!

the problem isn't in the Senate. It is the Senate. Wyoming 2 senators, 500,000 population; California 2 senators, 34,000,000 population. Change the Senate: Abolish it or weight the votes according to population but make it more representative.

nohohusseinbear's picture

While I personally think the health insurance reform bill passed is a watered down piece of garbage, I am really enjoying watching the GOP implode. Gohmert is a classic example of the GOP flailing around and pathetically grasping at straws, making them look even more foolish and irrelevant. I LOVE IT!

Peabody's picture

I haven't been paying close attention to the HCR, since so little of it will affect me. But anything that makes the Rethuglicans squirm this badly MUST be good for us!!!

BTW, are the GOP (Gross old Perverts) so sure that they want state-appointed Senators? The Democratic president is in charge of the census, which will decide re-districting. They might be able to gerrymander the Right-wingnuts out of existence.

ronhohn's picture

Institute an IQ test. That should eliminate about 80% of the repugs


If you need funds to pay for essentials, you have a revenue problem
If you need funds to pay for frivolity, you have a spending problem

No secret that the right / Republican Fascists want to eliminate any form of Democracy , they want to return us to the dark ages , the rich and powerful , the corporate CEOs , own and run every thing including the government . As far as the IQ test I agree ronhohn , one must pass a basic IQ test before being allowed to vote , would eliminate 90% of the Republican supporters / voters and all of the Hee Haw Repugs for sure .


Insanity , it is what it is , there is no understanding it .

Medical Diagnosis by Video's picture

can leave the Union if you'd like. I'm all for it. Go back to being part of Mexico.

Tax the Rich's picture

Imagine what we could become as a country again, if all the old confederate states seceeded and took their psychotic republicans with them?

22 of 26 nutjobs out of the senate. 2/3 of the nutjobs in the house - gone! I think even the dumbest of red necks would be begging us to take them back once they got about five years worth of GOP total rule.

While they would be starving (no more northern/western welfare) with 45% unemployment, no safety nets or insurance, everything privatized and all workers maxing out on the GOP "maximum wage" law of $3.50 an our; methinks they would be quite jealous of our booming liberal socialist country with its universal healthcare, and the rebirth of the american dream and middle class.

So yes, please, please go; and take all of your republican psycho's with you.


If I were a psychopath, I would join the republican party, and get in on the gravy train taking the Teabircher morons to the cleaners.

gtomkins's picture

" Repeal of a constitutional amendment requires a two-thirds vote in both houses of Congress (what are your odds on that, Louie?) and ratification by three-fourths of the states' legislatures."

I believe that every amendment we have ever had to the US Constitution, except the original Bill of Rights, has indeed passed by the procedure you recite, two thirds of each chamber of the Congress "propose Amendments", then 3/4 of the states approve or disapprove. But Gohmert seems to be referring in the quoted comment to that other procedure in Art V, whereby 2/3 of the states petition for a convention, which proposes the amendments. At that point, all that is needed for passage is that 3/4 of the states (legislature or convention, Congress's choice) approve. Congress doesn't get a say, beyond choosing whether the states approve or disapprove by votes of their legislatures, or by conventions.

Nicole Belle's picture

There are two ways: the way I listed (which is how we repealed slavery and prohibition) and via Article V, which is the way they attempted to pass the Equal Rights Amendment in the 70s.

Both look equally dim.

Q's picture

Does this cretin have no shame? Yeah, Louie Goober, that ol' direct election of Senators thingy really fucked up the country, didn't it? Hey, while we're at it, maybe we should go fight the Civil War again. You know, that just gave the Federal Government too much power.
This moron was a judge. Now that's scary!
And...he's the Rep. for my district....that's even more scary!!

"There must be some way outta here said the joker to the thief..."
http://www.youtube.com/watch?v=jkok1Z4WJuY

project's picture

There must be some kinda way outta here said the joker to the thief.
there's to much confusion, I can't get no relief.

bilhelm-x's picture

Thank Gawd he's saved the day!

bmw 528's picture

Don't know what constitution he is referring to but it sure ain't the U.S. one.

Must be the one that this appalling klutz made up in his alternate universe so that nobody can tell him what to do. Typical authoritarian jerk.


"We will find fulfillment not in the goods that we have, but in the good we can do for each other."

Robert F. Kennedy

LarryE's picture

As Rep. Gohmert was, if I'm not mistaken, the same man who insisted that anyone who supported the House health reform bill should have to eat it before voting for it, a proposal to him:

Sir, since I expect you would not demand of others that which you are unwilling to support yourself, I suggest you take your bill - and eat it.

Embittered Angry Anti-Republicrat Max-Hussein-1's picture
.

.

I can see Rep. Gohmert suggesting to suspend the Constitution...
... Should immigration reform pass.

.


Starve the WAR Beast...
... Save the World.

ysbaddaden's picture
)O(

And they expect voters to approve of this

Why?


Diabolus est Deus Inversus

SteKos's picture

If he gets his way, the voters wouldn't need to approve it. It would simply be done.

That's why this is the MOST DANGEROUS rhetoric to be brought up in his country since it's founding. We're now at the point where Congress not only thinks it's our masters, it thinks that it shouldn't have to operate with a voting process.

Welcome to the American kingdom. Or serfdom, depending on which side of it you're stuck on.

mcearlgrey's picture

Unless, you know, it says stuff we don't like.

Also as we speak, 27 of the 50 state legislatures are controlled in both houses by Democrats. In ten others, Democrats hold one of the two houses or there's a tie. So maybe Rep. Gohmert is a stealth liberal who wants to ensure Democratic Senate majorities in perpetuity.

Terrible's picture

I think it's a bit more then that. This crazy knows exactly what he's doing and that is giving yet another dog whistle call to the anti-American Tea Party contingent to launch terror attacks against the US.

Bill Walker's picture

All 50 states have already submitted over 700 applications for an Article V Convention far more than the 34 required. Congress has refused to obey the Constitution and call a convention. The applications can be read at www.foavc.org.

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