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You are here: Home / Democracy / A Constitutional Power Democrats Aren’t Using

A Constitutional Power Democrats Aren’t Using

February 3, 2026 at 11:25 am EST By Taegan Goddard Leave a Comment

Sidney Blumenthal: “The Democrats hold in their hands constitutional means yet unused to check the Trump regime’s ruthless attempt to impose a police state. That the Democrats thus far have failed to create this oppositional political center of gravity may be because the method has been lost to history, not wielded effectively for 113 years. Focused on the ICE outrages, however, this political instrument can be revived in the 16 states where the Democrats control the governorships and both chambers of the state legislatures, as well as introduced in states with mixed power.”

“Before the enactment of the 17th amendment in 1913, state legislators and not the voters selected U.S. senators and regarded them frequently as their agents. It was a common practice for legislatures to send what were called ‘orders of instruction’ urging senators and sometimes members of the House of Representatives to take a particular stand on important issues. The orders were not binding, but had significant force given the power of legislatures and political parties to decide who would hold Senate seats…”

“Today, state legislative resolutions would have far more political weight than any poll, provide a galvanizing mechanism to drive public opinion, and solidify the states as defenders of basic American rights seeking to safeguard constitutional freedoms and the safety of electoral processes.”

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Filed Under: Democracy, Democrats

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About Political Wire

Taegan Goddard is the founder of Political Wire, one of the earliest and most influential political web sites. He also runs Political Job Hunt, Electoral Vote Map and the Political Dictionary.

Goddard spent more than a decade as managing director and chief operating officer of a prominent investment firm in New York City. Previously, he was a policy adviser to a U.S. Senator and Governor.

Goddard is also co-author of You Won - Now What? (Scribner, 1998), a political management book hailed by prominent journalists and politicians from both parties. In addition, Goddard's essays on politics and public policy have appeared in dozens of newspapers across the country.

Goddard earned degrees from Vassar College and Harvard University. He lives in New York with his wife and three sons.

Goddard is the owner of Goddard Media LLC.

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