MEMORANDUM OF LAW CONCERNING AMENDMENT XVII

“All laws, rules and practices which are repugnant to the Constitution
are null and void” – MARBURY V. MADISON1

The purpose of this Memorandum of Law is to make clear that the 17th Amendment is
“Repugnant to the Constitution” and is therefore Null and Void! "The general rule is that an
unconstitutional statute, [or unconstitutional amendment] though having the form and name
of law, is in reality no law, but is wholly void and ineffective for any purpose, since its
unconstitutionality dates from the time of its enactment... In legal contemplation, it is as
inoperative as if it had never been passed... Since an unconstitutional law is void, the general
principles follow that it imposes no duties, confers no right, creates no office, bestows no
power or authority on anyone, affords no protection and justifies no acts performed under it...
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot
operate to supersede any existing law. Indeed, insofar as a statute runs counter to the
fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to
obey an unconstitutional law and no courts are bound to enforce it."2

ONE METHOD OF ASSAULT MAY BE TO EFFECT IN THE FORMS OF THE CONSTITUTION

ALTERATIONS WHICH WILL IMPAIR THE SYSTEM
TO UNDERMINE WHAT CANNOT BE DIRECTLY OVERTHROWN
George Washington, Farewell Address

“All obstructions to the execution of the laws, all combinations and associations (political
parties) under whatever plausible character with the real design to direct, control, counteract,
or awe the regular deliberation and action of the constituted authorities, are destructive of
this fundamental principle and of fatal tendency. They serve to organize faction (An exclusive
circle of people with a common purpose); to give it an artificial and extraordinary force; to
put in the place of the delegated will of the nation the will of a party, often a small but artful
and enterprising minority of the community; and, according to the alternate triumphs of
different parties, to make the public administration the mirror of the ill concerted and
incongruous projects of faction, rather than the organ of consistent and wholesome plans
digested by common councils and modified by mutual interests. However, combinations or
associations of the above description may now and then answer popular ends, they are likely,
in the course of time and things, to become potent engines by which cunning, ambitious, and
unprincipled men will be enabled to subvert the power of the people and to usurp for
themselves the reins of government, destroying afterwards the very engines which have lifted
them to unjust dominion. … ONE METHOD OF ASSAULT MAY BE TO EFFECT IN THE FORMS OF THE
CONSTITUTION ALTERATIONS WHICH WILL IMPAIR THE ENERGY OF THE SYSTEM AND THUS TO
UNDERMINE WHAT CANNOT BE DIRECTLY OVERTHROWN. … It is indeed little else than a name,

1 Marbury v. Madison, 5th US (2 Cranch) 137, 180;

2 Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886)
MEMORANDUM OF LAW AMENDMENT XVII PAGE 1 OF 12
where the government is too feeble to withstand the enterprises of faction, to confine each
member of the society within the limits prescribed by the laws, and to maintain all in the
secure and tranquil enjoyment of the rights of person and property. … It opens the door to
foreign influence and corruption, which find a facilitated access to the government itself
through the channels of party passions. Thus, the policy and the will of one country are
subjected to the policy and will of another. …”

STATES DEPRIVED THEIR VESTED POWER OF EQUAL SUFFRAGE IN THE SENATE

Today, as George Washington warned, senators are more beholden to party bosses and
special interest groups than to their states because those interests give them money for re-
election. It's time for our senators to take direction from the State House and the Governor of
their state on how they should vote in the Senate. The phrase “REPRESENTATION BY THE
CONSENT OF THE GOVERNED” is the idea that should be emboldened in the people’s vision of
our restored Republic. Our founders’ genius or inspirational solution was legislative
representatives, selected by popular vote, along with a fail-safe senate which gave each state a
say in the legislative process which the progressives dismantled in 1913 with the
unconstitutional 17th amendment that completely destroyed the balance of power by
DEPRIVING THE VESTED POWER OF THE STATES IT’S EQUAL SUFFRAGE IN THE SENATE, thereby
removing the States’ representation in congressional matters.

DESTRUCTION OF THE BALANCE OF POWER

Our Constitution provided for a balance of power that was laid waste by the
unconstitutional 17th Amendment which was specifically forbidden by the Constitution itself
in Article V and Article 1 Section III and therefore is “null and void.”

United States Constitution Article V: “The Congress… shall propose amendments

to this Constitution … which, in either case, shall be valid to all intents and purposes,
as part of this Constitution, when ratified … PROVIDED THAT …NO STATE, WITHOUT ITS
CONSENT, SHALL BE DEPRIVED OF ITS EQUAL SUFFRAGE3 IN THE SENATE.”

One might try to claim that the states, “consented to be deprived of their suffrage” but the
fact of the matter is that the Constitution states, “NO STATE SHALL BE DEPRIVED.” Whereas it
appears that twelve states did not ratify and therefore have not given their “consent to be
deprived of their suffrage.” The United States being a Republic does not proceed as a
democracy. Benjamin Franklin said, “democracy is two wolves and a lamb voting on what to
have for lunch. Liberty [Republic] is a well-armed lamb contesting the vote.” Clearly thirty-six
states cannot remove the suffrage of the twelve states that We the People vested them with,
that in itself is sufficient to render the 17th Amendment NULL & VOID!

3 SUFFRAGE: A vote; the act of voting; the right of casting a vote.

MEMORANDUM OF LAW AMENDMENT XVII PAGE 2 OF 12
 The Constitution was carefully debated by men of Great Honor and Moral Judgment,
unlike todays progressively controlled houses! Our Founders negotiated a “Unique Balance of
Power” between the three branches of Government through Articles I, II, and III. They also
created a balance of power acknowledging the People’s unalienable right of suffrage through
their Congressman via Article I, and the States vested powers of suffrage through their
Senators via Article I.

The balance of Power is the “HEART” of our Constitution to destroy that balance of power
creates a whole new “de facto constitution” and gives “TOTAL POWER” to special interest
groups by reason of their bribes to both Congress and Senate via lobbying; Clearly proven by
the total distrust and frustration by the People because both houses continuously ignore the
will of the People; With the exception of an occasional bone thrown to the People, nothing of
any true value is ever accomplished, only the constant erosion of our Liberty, as they “Trash
our Republic!”.

Article I, in its creation of two houses was ingenious because all legislation required the
approval of both houses. So that if the people who controlled the House of Representatives
erred the states via the Senate could prevent the error, and if the states via the Senate erred,
the people through the House of Representatives could prevent or correct the error. Now,
with both houses controlled by the People, “I mean the party bosses and special interest
groups,” combined with a subversive federal judiciary it creates a “Cartel on Law!” Just look
what they have done to our courts of Justice, they abrogated the Common Law” and replaced
it with “Babylonian law!” And with all these “judicial scholars” of the court, they seem to not
even notice! Or do they?

Therefore, to remove the “Balance of Power” that provides for checks and balances,
protects Liberty, prevents fraud upon the People, prevents unconstitutional statutes and
amendments, and prevents the rise of mob or dictator rule would be “High Treason!”

10TH AMENDMENT RENDERED NULL

The 17th Amendment places the 10th Amendment in Jeopardy because the states have no
opportunity to argue or protect their rights. And since both houses are controlled by special
interest groups that harbors unlawful agendas and empowers party bosses all Liberty is in
Jeopardy because all debates are controlled by party bosses and special interest groups and
are thereby one sided as the federal government ignores the will of the states.

A DIVISION OF THE LEGISLATIVE POWER INTO TWO BRANCHES IS CONCLUSIVE

Antifederalist No. 62

 The 17th Amendment ignores Our Founders Irrefutable Arguments in favor of a division
of the Legislative Power into two branches!

MEMORANDUM OF LAW AMENDMENT XVII PAGE 3 OF 12

 “I can scarcely imagine that any of the advocates of the system will pretend, that it was
necessary to accumulate all these powers in the senate. There is a propriety in the senate's
possessing legislative powers. This is the principal end which should be held in view in their
appointment. I NEED NOT HERE REPEAT WHAT HAS SO OFTEN AND ABLY BEEN ADVANCED ON THE
SUBJECT OF A DIVISION OF THE LEGISLATIVE POWER INTO TWO BRANCHES. THE ARGUMENTS IN FAVOR
OF IT I THINK CONCLUSIVE.”

THE INTRODUCTION OF LEGISLATIVE BALANCES AND CHECKS

Federalist No. 9

 The 17th Amendment destroyed legislative balances and checks.

The science of politics, however, like most other sciences, has received great improvement.
The efficacy of various principles is now well understood, which were either not known at all,
or imperfectly known to the ancients. The regular distribution of power into distinct
departments; [1] THE INTRODUCTION OF LEGISLATIVE BALANCES AND CHECKS; [2] the institution
of courts composed of judges holding their offices during good behavior; [3] the
representation of the people in the legislature by deputies of their own election: these are
wholly new discoveries, or have made their principal progress towards perfection in modern
times. They are means, and powerful means, by which the excellences of republican
government may be retained and its imperfections lessened or avoided.

THE STRUCTURE OF THE GOVERNMENT MUST FURNISH THE PROPER CHECKS AND
BALANCES BETWEEN THE DIFFERENT DEPARTMENTS (TWO HOUSES)
Federalist No. 51

 The 17th Amendment destroyed the two Branches necessary for checks and balances one
by the People and one by the State!

In republican government, the legislative authority necessarily predominates. The remedy

for this inconveniency is to DIVIDE THE LEGISLATURE INTO DIFFERENT BRANCHES; [Senate
controlled by the states and House of Representatives controlled by the People] and to
render them, by DIFFERENT MODES OF ELECTION and DIFFERENT PRINCIPLES OF ACTION, as LITTLE
CONNECTED WITH EACH OTHER as the nature of their common functions and their common
dependence on the society will admit.

THE APPOINTMENT OF SENATORS BY THE STATE LEGISLATURES GIVES TO THE STATE

GOVERNMENTS AN AGENCY IN THE FORMATION OF THE FEDERAL GOVERNMENT
Federalist No. 62 The Senate

 The 17th Amendment robbed the States of an agency that formed and continues to form
the federal government now without state involvement!

MEMORANDUM OF LAW AMENDMENT XVII PAGE 4 OF 12

 Having examined the constitution of the House of Representatives, and answered such of
the objections against it as seemed to merit notice, I enter next on the examination of the
Senate. The heads into which this member of the government may be considered are the
powers vested in the Senate. It is equally unnecessary to dilate on THE APPOINTMENT OF
SENATORS BY THE STATE LEGISLATURES. Among the various modes which might have been
devised for constituting this branch of the government, that which has been proposed by the
convention is probably the most congenial with the public opinion. It is recommended by the
double advantage of favoring a select appointment, and of GIVING TO THE STATE GOVERNMENTS
SUCH AN AGENCY IN THE FORMATION OF THE FEDERAL GOVERNMENT AS MUST SECURE THE
AUTHORITY OF THE FORMER, AND MAY FORM A CONVENIENT LINK BETWEEN THE TWO SYSTEMS.

THE EQUAL VOTE ALLOWED TO EACH STATE IS AT ONCE

A CONSTITUTIONAL RECOGNITION OF THE PORTION OF SOVEREIGNTY
Federalist No. 62 The Senate

 The 17th Amendment robbed the States of their residuary sovereignty, destroyed the equal
powers between the states and inappropriately consolidated the Republics into one federal
republic, making it easy for the progressives to destroy one republic in opposed to fifty!

The equality of representation in the Senate is another point, which, being evidently the
result of compromise between the opposite pretensions of the large and the small States, does
not call for much discussion. The only option, then, for the former, lies between the proposed
government and a government still more objectionable. Under this alternative, the advice of
prudence must be to embrace the lesser evil; and, instead of indulging a fruitless anticipation
of the possible mischiefs which may ensue, to contemplate rather the advantageous
consequences which may qualify the sacrifice. IN THIS SPIRIT IT MAY BE REMARKED, THAT THE
EQUAL VOTE ALLOWED TO EACH STATE IS AT ONCE A CONSTITUTIONAL RECOGNITION OF THE PORTION
OF SOVEREIGNTY REMAINING IN THE INDIVIDUAL STATES, AND AN INSTRUMENT FOR PRESERVING
THAT RESIDUARY SOVEREIGNTY. So far, the equality ought to be no less acceptable to the large
than to the small States; since they are not less solicitous to guard, by every possible
expedient, against an improper consolidation of the States into one simple republic.

PREVENTION OF IMPROPER ACTS OF LEGISLATION

NO LAW OR RESOLUTION CAN BE PASSED WITHOUT
THE CONCURRENCE OF BOTH THE PEOPLE AND THE STATES
Federalist No. 62 The Senate

 The 17th Amendment robbed the States of their suffrage, allowing for improper acts of
legislation!

Another advantage accruing from this ingredient in the constitution of the Senate is, the
ADDITIONAL IMPEDIMENT IT MUST PROVE AGAINST IMPROPER ACTS OF LEGISLATION. NO LAW OR
RESOLUTION CAN NOW BE PASSED WITHOUT THE CONCURRENCE, FIRST, OF A MAJORITY OF THE
PEOPLE, AND THEN, OF A MAJORITY OF THE STATES. It must be acknowledged that this
MEMORANDUM OF LAW AMENDMENT XVII PAGE 5 OF 12
complicated check on legislation may in some instances be injurious as well as beneficial; and
that the peculiar defense which it involves in favor of the smaller States, would be more
rational, if any interests common to them, and distinct from those of the other States, would
otherwise be exposed to peculiar danger. But as the larger States will always be able, by their
power over the supplies, to defeat unreasonable exertions of this prerogative of the lesser
States, and as the faculty and excess of law-making seem to be the diseases to which our
governments are most liable, it is not impossible that this part of the Constitution may be
more convenient in practice than it appears to many in contemplation.

IT DOUBLES THE SECURITY TO THE PEOPLE, BY REQUIRING THE CONCURRENCE OF TWO

DISTINCT BODIES THEREBY PREVENTING SCHEMES OF USURPATION OR TREACHERY
TO DESTROY THE PRINCIPLES OF REPUBLICAN GOVERNMENT
Federalist No. 62 The Senate

 The 17th Amendment destroyed the Principles of Republican Government by removing

the Security against Schemes of Usurpation or Treachery!

A senate, as a second branch of the legislative assembly, distinct from, and dividing the power
with, a first, must be in all cases a salutary check on the government. IT DOUBLES THE SECURITY
TO THE PEOPLE, BY REQUIRING THE CONCURRENCE OF TWO DISTINCT BODIES IN SCHEMES OF
USURPATION OR PERFIDY, where the ambition or corruption of one would otherwise be
sufficient. This is a precaution founded on such clear principles, and now so well understood
in the United States, that it would be more than superfluous to enlarge on it. I will barely
remark, that as THE IMPROBABILITY OF SINISTER COMBINATIONS WILL BE IN PROPORTION TO THE
DISSIMILARITY IN THE GENIUS OF THE TWO BODIES, it must be politic to distinguish them from
each other by every circumstance which will consist with A DUE HARMONY IN ALL PROPER
MEASURES, AND WITH THE GENUINE PRINCIPLES OF REPUBLICAN GOVERNMENT.

THE NECESSITY OF A SENATE IS TO PREVENT THE YIELDING TO THE

IMPULSE OF SUDDEN AND VIOLENT PASSIONS, AND TO BE SEDUCED BY
PARTY LEADERS INTO INTEMPERATE AND PERNICIOUS RESOLUTIONS.
Federalist No. 62 The Senate

 The 17th Amendment provided for the Seduction by party bosses into intemperate and
Pernicious Resolutions

THE NECESSITY OF A SENATE IS NOT LESS INDICATED BY THE PROPENSITY OF ALL SINGLE AND
NUMEROUS ASSEMBLIES TO YIELD TO THE IMPULSE OF SUDDEN AND VIOLENT PASSIONS, AND TO BE
SEDUCED BY FACTIOUS (party) LEADERS INTO INTEMPERATE AND PERNICIOUS RESOLUTIONS.
Examples on this subject might be cited without number; and from proceedings within the
United States, as well as from the history of other nations. But a position that will not be
contradicted, need not be proved. All that need be remarked is, that a body which is to correct
this infirmity ought itself to be free from it, and consequently ought to be less numerous. It

MEMORANDUM OF LAW AMENDMENT XVII PAGE 6 OF 12

ought, moreover, to possess great firmness, and consequently ought to hold its authority by a
tenure of considerable duration.

THE PEOPLE MAY POSSIBLY BE BETRAYED BY THEIR REPRESENTATIVES BUT A SENATE

CONTROLLED BY STATE LEGISLATORS CANNOT BE CORRUPTED WITHOUT
CORRUPTING THE 100 STATE LEGISLATIVE BODIES THAT CONTROL THEM
Federalist No. 62 The Senate

 The 17th Amendment permitted for the Corruption of both legislative bodies. Whereas a
Senate controlled by 100 Legislative bodies who periodically changed members would
otherwise regenerate the whole body thereby making it impossible to corrupt the whole of
the Senate!

Many of the defects, as we have seen, which can only be supplied by a senatorial institution,
are common to a numerous assembly frequently elected by the people, and to the people
themselves. There are others peculiar to the former, which require the control of such an
institution. THE PEOPLE CAN NEVER WILLFULLY BETRAY THEIR OWN INTERESTS; BUT THEY MAY
POSSIBLY BE BETRAYED BY THE REPRESENTATIVES OF THE PEOPLE; AND THE DANGER WILL BE
EVIDENTLY GREATER WHERE THE WHOLE LEGISLATIVE TRUST IS LODGED IN THE HANDS OF ONE BODY
OF MEN, THAN WHERE THE CONCURRENCE OF SEPARATE AND DISSIMILAR BODIES IS REQUIRED IN
EVERY PUBLIC ACT. Before a tyrannical aristocracy can affect the Senate, it is to be observed,
must in the first place corrupt itself; must next corrupt the State legislatures; must then
corrupt the House of Representatives; and must finally corrupt the people at large. It is
evident that the Senate must be first corrupted before it can attempt an establishment of
tyranny. Without corrupting the State legislatures, it cannot prosecute the attempt, because
the periodical change of members would otherwise regenerate the whole body. Without
exerting the means of corruption with equal success on the House of Representatives, the
opposition of that coequal branch of the government would inevitably defeat the attempt; and
without corrupting the people themselves, a succession of new representatives would speedily
restore all things to their pristine order. Is there any man who can seriously persuade himself
that the proposed Senate can, by any possible means within the compass of human address,
arrive at the object of a lawless ambition, through all these obstructions?

THE STATES CAN NULLIFY THE 17TH AMENDMENT

United States Constitution Article 1 Section 3: “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.”

Clearly the Seventeenth Amendment deprives “ALL” States equal suffrage in the Senate!
Thus, it is not a moot point! Therefore, like the Principle of the Kentucky Resolution written
by Thomas Jefferson, the founder of our Republic, which stated that simply by “declaring
their illegality, announcing the strict constructionist theory of the federal government, and

MEMORANDUM OF LAW AMENDMENT XVII PAGE 7 OF 12

declaring nullification to be the rightful remedy.” That is how the 17th amendment can be
nullified. There need not be an act of Congress to amend it, just Nullify it! Governors and
State Legislators need only come to a “resolution” and then declare, announce and act by
removing the unconstitutional senators and sending their own Senators that will do the will of
the state and restore the balance of power because “An unconstitutional act is not law; it
confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal
contemplation, as inoperative as though it had never been passed.” - Norton vs Shelby
County 118 US 425 p. 442. “No one is bound to obey an unconstitutional law and no courts
are bound to enforce it.” - 16th American Jurisprudence 2d, Section 177 late 2nd, Section 256.
The twelve states that did not “Give Up their Suffrage in the Senate can just send their own
representation to the Senate and recall the unlawful senators.

THE UNITED STATES SUPREME COURT CAN NULLIFY THE 17TH AMENDMENT
IF TWO LAWS CONFLICT WITH EACH OTHER, THE COURTS MUST DECIDE ON THE OPERATION OF EACH
AN ACT OF THE LEGISLATURE REPUGNANT TO THE CONSTITUTION IS VOID

 The 17th Amendment is in conflict with Article V’s equal suffrage and denial of the power
vested to the twelve states that did not give up their right of suffrage. It is also in violation
of the 10th Amendment and destroys the “Balance of Power” between the states and the
People.

“It is emphatically the province and duty of the judicial department to say what the law
is. Those who apply the rule to particular cases, must of necessity expound and interpret that
rule. IF TWO LAWS CONFLICT WITH EACH OTHER, THE COURTS MUST DECIDE ON THE OPERATION OF
EACH. SO, IF A LAW BE IN OPPOSITION TO THE CONSTITUTION; IF BOTH THE LAW AND THE
CONSTITUTION APPLY TO A PARTICULAR CASE, SO THAT THE COURT MUST EITHER DECIDE THAT CASE
CON-FORMALLY TO THE LAW, DISREGARDING THE CONSTITUTION; OR CONFORMABLY TO THE
CONSTITUTION, DISREGARDING THE LAW; THE COURT MUST DETERMINE WHICH OF THESE
CONFLICTING RULES GOVERNS THE CASE. This is of the very essence of judicial duty. IF, THEN, THE
COURTS ARE TO REGARD THE CONSTITUTION, AND THE CONSTITUTION IS SUPERIOR TO ANY ORDINARY
ACT OF THE LEGISLATURE, THE CONSTITUTION, AND NOT SUCH ORDINARY ACT, MUST GOVERN THE CASE
TO WHICH THEY MAY BOTH APPLY… Certainly all those who have framed written constitutions
contemplate them as forming the fundamental and paramount law of the nation, and
consequently the theory of every such government must be, that AN ACT OF THE LEGISLATURE
REPUGNANT TO THE CONSTITUTION IS VOID. This theory is essentially attached to a written
constitution, and is consequently to be considered by this court as one of the fundamental
principles of our society. It is not therefore to be lost sight of in the further consideration of
this subject. If an act of the legislature, repugnant to the constitution, is void,” - Marbury v.
Madison.

MEMORANDUM OF LAW AMENDMENT XVII PAGE 8 OF 12

 THE PROGRESSIVE MOVEMENT SENDS SWARMS OF BARRISTER INTO OUR COURTS TO
ALTER OUR REPUBLIC INTO A DEMOCRACY & EVENTUALLY CORPORATE FASCISM, THE 17TH
AMENDMENT IS JUST ONE OF MANY UNCONSTITUTIONAL DESTRUCTIVE LEGISLATIVE ACTS.

The progressive movement is anti-constitutional created and orchestrated by progressive

BAR lawyers, who conceal a conspiracy to destroy our Republic. They have engaged in actions
to subvert the Government of the United States. They have, in congruence with the teaching of
the American Bar Association, the National Lawyers Guild, the American Civil Liberties
Union, the National Lawyers Association, the Southern Poverty Law Center, and many other
anti-constitutional BAR associations, knowingly and willfully in an attempt to destroy our
“Natural Law Republic” as they advocate, abet, advise, and teach that we are a democracy and
not a Republic and that the Common Law can and was abrogated, in violation of 18 USC
§23834, 18 USC §2384,5 and 18 USC §2385.6 Sending swarms of “Esquires,”7 a title of dignity8
holding the office of Barrister in our courts which is prohibited by the “Original 13th
Amendment,”9 to alter our Republic into a democracy and now into an oligarchy with an end

4 18 USC §2383 - Rebellion or insurrection - Whoever incites, sets on foot, assists, or engages in any rebellion or

insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined
under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United
States.
5 18 USC §2384 - Seditious conspiracy - If two or more persons in any State or Territory, or in any place subject to the

jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United
States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the
execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to
the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
6 §2385 Advocating overthrow of Government: Whoever knowingly or willfully advocates, abets, advises, or teaches

the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the
government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by
force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the
overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly
displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of
overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever
organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the
overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any
such society, group, or assembly of persons, knowing the purposes thereof: Shall be fined under this title or imprisoned not
more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency
thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this
section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for
employment by the United States or any department or agency thereof, for the five years next following his conviction. As
used in this section, the terms “organizes” and “organize,” with respect to any society, group, or assembly of persons, include
the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and
other units of such society, group, or assembly of persons.
7
ESQUIRE: In English law. A title of dignity next above gentleman, and below knight. Also a title of ofifce given to
sheriffs, serjeants, and barristers at law, justices of the peace, and others. 1 Bl.Comm. 406; 3 Steph.Comm. 15, note;
Tomlins. On the use of this term in American law, particularly as applied to justices of the peace and other inferior judicial
officers, see Christian v. Ashley County, 24 Ark. 151; Corn. v. Vance, 15 Serg. & R., Pa., 37.
8
DIGNITY: In English law. An honor; a title, station, or distinction of honor. Dignities are a species of incorporeal
hereditaments, in which a person may have a property or estate. 2 Bl.Comm.37;
9 Amendment XIII – (ratified 1819) If any citizen of the United States shall accept, claim, receive, or retain any title of

nobility or honor, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of
any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust or profit under them, or either of them.

MEMORANDUM OF LAW AMENDMENT XVII PAGE 9 OF 12

results of “Corporate Fascism.” And the reason given by these traitors for the need of the 17th
Amendment was that, “it was needed to end corruption,” hmm!!! They certainly achieved
their goal, but today is the day that the People are determined to reinstate our Republic and
abolish the seditious BAR in America.

In conclusion in Federalist No.62 James Madison argued, giving state legislatures the
power to choose Senators provided a “double advantage,” both “favoring a select appointment,
and of giving to the State governments such an agency in the formation of the federal
government.”

George Mason argued that state legislative selection gave states the power of self-defense
against the federal government.

Wendell Pierce argued that the contrast between a state legislatively-appointed Senate and
a popularly-elected House would increase the types of interests represented in the federal
government. By requiring the consent of two different constituencies to any legislation—the
people’s representatives in the House and the state legislatures in the Senate—the
composition of the Senate was seen as essential to the system of bicameralism, which would
require “the concurrence of two distinct bodies in schemes of usurpation or perfidy.”

Andrew Napolitano calls the 17th Amendment “the only part of the Constitution that is
itself unconstitutional.”

As the Heritage Guide to the Constitution explains, the “Framers intended to protect the
interests of states as states” and the “mode of election impelled senators to preserve the
original federal design and to protect the interests not only of their own states, but,
concomitantly, of the states as political and legal entities within the federal system.”
Alexander Hamilton emphasized this at the New York ratifying convention in 1788 when he
said that senators “will constantly look up to the state governments with an eye of
dependance” and, if they wanted to be reelected by state legislators, they, “would have a
uniform attachment to the interests of their several states.” In other words, they would be
wary of imposing unfunded mandates on state governments or taking other actions that
extended the power of the federal government into areas traditionally within the authority of
the states.

As Mark Levin succinctly explained in “The Liberty Amendments,” the original method of
electing U.S. senators that provided “state governments with direct input in the national
government was not only an essential check on the new federal government’s power, but also
a means by which the states could influence congressional lawmaking.”

By constitutionally correcting, through nullification and action, the said unconstitutional

seventeenth amendment, nullification would then permit the states to review all passed acts
since November 1913 giving both equal suffrage to the States and a great opportunity to
MEMORANDUM OF LAW AMENDMENT XVII PAGE 10 OF 12
eradicate many unconstitutional acts of the subversive progressive movement such as the
Federal Reserve Act, enacted December 23, 1913; the Patriot Act; homeland security act and
many more unconstitutional acts.

RECAPPING THE AFORESAID, the 17th Amendment was part of a greater conspiracy by
progressives created and orchestrated by Barristers corrupting our judicial and political
processes. If our founding fathers were alive in 1913, they would have taken up arms again!

 “All laws, rules and practices which are repugnant to the Constitution are null and void” –
Marbury v. Madison10
 One method of assault may be to effect in the forms of the constitution alterations [such as
the 17th Amendment], which [did] impair the system to undermine what cannot be directly
overthrown. George Washington, Farewell Address
 The 17th Amendment did deprive states their vested power of equal suffrage in the senate
that We the People gave them.
 The 17th Amendment did destroy the Balance of Power.
 The 17th Amendment placed the 10th Amendment in Jeopardy because the states have no
opportunity to argue or protect their rights.
 The 17th Amendment ignores Our Founders Irrefutable Arguments in favor of a division
of the Legislative Power into two branches! - Antifederalist No. 62
 The 17th Amendment destroyed legislative balances and checks. - Federalist No.9
 The 17th Amendment destroyed the two Branches necessary for checks and balances one
by the People and one by the State! - Federalist No. 51
 The 17th Amendment robbed the States of an agency that formed and continues to form
the federal government now without state involvement! - Federalist No. 62.
 The 17th Amendment robbed the States of their residuary sovereignty, destroyed the
equal powers between the states and inappropriately consolidated the Republics into one
federal republic, making it easy for the progressives to destroy one republic in opposed to
fifty-one! - Federalist No. 62 The Senate
 The 17th Amendment robbed the States of their suffrage, allowing for improper acts of
legislation! - Federalist No. 62 The Senate
 The 17th Amendment destroyed the Principles of Republican Government by removing
the Security against Schemes of Usurpation or Treachery! - Federalist No. 62 The Senate
 The 17th Amendment provided for the Seduction by party bosses into intemperate and
Pernicious Resolutions - Federalist No. 62 The Senate
 The 17th Amendment permitted for the Corruption of both legislative bodies. Whereas a
Senate controlled by 100 Legislative bodies who periodically changed members would
otherwise regenerate the whole body thereby making it impossible to corrupt the whole of
the Senate! - Federalist No. 62 The Senate.

10 Marbury v. Madison, 5th US (2 Cranch) 137, 180;

MEMORANDUM OF LAW AMENDMENT XVII PAGE 11 OF 12
 The 17th Amendment is Just One of Many Unconstitutional Destructive Legislative Acts.
The United States Supreme Court Can Nullify the 17th Amendment – “If two laws conflict
with each other, the courts must decide on the operation of each an act of the legislature
repugnant to the constitution is void!”

MEMORANDUM OF LAW AMENDMENT XVII PAGE 12 OF 12