Constitutional Minute—Episode 6, State Sovereignty

What is a sovereign state?

A sovereign state has its institutions, a permanent population, a definitive territory, and a government. It must also have the right and capacity to make treaties and other agreements with other states. The sovereignty of all states ended with the adoption of the 17th Amendment on April 8, 1913.

Under the Articles of Confederation, the original 13 states held total sovereignty, but this proved unworkable.

The adoption of the federal Constitution on June 21, 1788, curtailed specific sovereign powers of the states.

The federal government’s limited powers are enumerated by Article I, Section 8 of the Constitution.

The 10th Amendment preserved state sovereignty and further limited federal sovereignty. The text of this amendment stipulates:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

A state constitution limits the powers of government within each state’s geographical boundaries.

Under the Articles of Confederation, one ‘senator’ represented each state before the central government. The word senator in this context means a representative of a state.

The original text of the Constitution, Article I, Section 3, with respect to the appointment of U.S. Senators, stated: “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.”

The Republican Form of Government

In Federalist No. 39, James Madison wrote:

“The House of Representatives, like that of one branch at least of all the State legislatures, is elected immediately by the great body of the people. The Senate, like the present Congress … derives its appointment indirectly from the people.”

The nature of the republican form of government incorporates representation and accountability.

Over several years, our Texas State Republican Platform has called for the repeal of the 17th Amendment to restore state sovereignty. “We: Support restoring state sovereignty with the repeal of the 17th Amendment of the US Constitution and the appointment of US Senators by the state legislatures.” Reference: [page 4] Plank 7 (d)

It’s a republic if you can keep it.


Published by John White

A lifetime (over 50 years) of experiences with automation and control systems ranging from aerospace navigation, radar, and ordinance delivery systems to the world's first robotic drilling machine for the oil patch, to process-control systems, energy management systems and general problem-solving. At present, my focus is on self-funding HVAC retrofit projects and indoor air quality with a view to preventing infections from airborne pathogens.

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