Of course they can. You're pointing out that federal law currently prohibits it? I already understood that to be the case when I made my point.
> they're all going wherever the nation goes on this one.
Unless they all collectively decide on a different course of action. The constitution was left amendable. It has been done several times already. A simple option is to repeal the 17th and to return to a state assembly controlled federal senate.
The core feature of the senate that makes it so indefensible is how it assigns power to states, not people. That relationship cannot be amended, per article 5 of the us constitution.
It's far easier to change a state government than it is the federal government. The states used to be able to recall Senators if they failed to do their jobs correctly; as determined by the elected body within the state. It's simply a single level indirection of Democracy. The House of Representatives is direct. This was intentional.
What's "indefensible" about this?
And you can amend how the body is elected; hell, you can amend how the president is elected. Also Article V provides for a state "constitutional convention" as a process for initiating changes, bypassing both the Senate and the House.
no State, without its Consent, shall be deprived of its equal Suffrage in the Senate
You know, the clause that comes right after the whole "can't do anything about slavery right now" clause.
I consider this feature of the federation to be indefensible because it deprives the rights of people to equal suffrage, to the benefit of states. States should serve the rights and interests of their citizens, not the reverse.
For that matter, you could amend the Constitution to change the process for amending the Constitution, even to eliminate the possibility of future amendments altogether.
Of course they can. You're pointing out that federal law currently prohibits it? I already understood that to be the case when I made my point.
> they're all going wherever the nation goes on this one.
Unless they all collectively decide on a different course of action. The constitution was left amendable. It has been done several times already. A simple option is to repeal the 17th and to return to a state assembly controlled federal senate.