Isabella Carter
The United States Constitution's Article Five outlines the procedure for amending it, which includes proposing an amendment and subsequent ratification. The Seventeenth Amendment, which altered the process for electing senators and filling vacancies, is an example of a change to Senate representation. While the original Constitution mandated that state legislatures fill Senate vacancies, the Seventeenth Amendment provided for direct election of senators by the people of each state. This amendment ensures that each state, regardless of size, is entitled to equal representation with two senators. However, it's important to note that no amendment can deprive a state of its equal representation in the Senate without its consent.
| Characteristics | Values |
|---|---|
| Procedure for altering the Constitution | Proposing an amendment and subsequent ratification |
| Who can propose amendments? | Congress with a two-thirds vote in both the House of Representatives and the Senate, or a convention to propose amendments called by Congress at the request of two-thirds of state legislatures |
| Who ratifies the amendments? | Legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states |
| Is the President's approval required for amendments? | No |
| Can a state be deprived of its equal representation in the Senate? | No, not without the state's consent |
| Can the people amend the Constitution outside of Article V? | Arguably yes, according to Akhil Reed Amar |
| Can the equal suffrage provision be amended? | Arguably yes, according to Law Professor George Mader, as it is not "self-entrenched" |
| Has the Seventeenth Amendment altered the process for electing Senators? | Yes, it changed how vacancies are filled and provided for direct election of Senators |
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The Seventeenth Amendment
Article Five of the United States Constitution outlines the procedure for altering the Constitution. Amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures. An amendment must then be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of states.
Despite this opposition, the Seventeenth Amendment was passed by Congress on May 13, 1912, and ratified on April 8, 1913. The transition began with two special elections in Georgia and Maryland, followed by the November 1914 election. It was complete on March 4, 1919, when the senators chosen by the November 1918 election took office.
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State consent
The United States Constitution, in Article V, lays down the procedures for amending it. The Article states that two-thirds of both Houses of the Congress can propose Amendments to the Constitution. Alternatively, if two-thirds of the State Legislatures apply, Congress shall call a Convention for proposing Amendments. In either case, the proposed amendments must be ratified by three-fourths of the State Legislatures or Conventions.
Article V also includes certain subjects that cannot be amended. One of these unamendable provisions states that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate". This provision was introduced to address the concerns of smaller states that three-fourths of the States might use Article V to abolish or deprive them of their representation in the Senate. Thus, the consent of the states is required to make any changes to their representation in the Senate.
The Seventeenth Amendment, ratified in 1913, superseded Article I, Section 3, Clause 1, providing for Senators to be popularly elected rather than selected by state legislatures. This amendment restates the first paragraph of Article I, Section 3, by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". It ensures that each state is represented by two Senators, each with a single vote, thereby guaranteeing equal representation in the Senate regardless of a state's population, wealth, power, or size.
The Seventeenth Amendment was preceded by a series of events that highlighted the need for a change in the system of electing senators. As early as 1826, resolutions calling for the direct popular election of senators emerged, but none succeeded. Disputed elections in Indiana and New Jersey in 1866 led Congress to pass a law regulating the time and procedure for electing senators, but the election by state legislatures remained intact. Following the Civil War, disputes among state legislators over Senate elections resulted in numerous deadlocks, with some states, like Delaware, remaining without representation in the Senate for extended periods.
The Seventeenth Amendment addressed these issues by providing for the direct election of senators by the people of each state, ensuring that states maintain their equal representation in the Senate with two Senators serving six-year terms.
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Article Five
Article V of the US Constitution outlines the procedures for amending the Constitution. It states that two-thirds of both Houses of Congress can propose amendments, or, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In either case, the amendments must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as proposed by Congress.
Article V also includes two sentences that make certain subjects unamendable. The first sentence, which is no longer in effect, prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. The second sentence, which remains in effect, prohibits amendments that would deprive states, without their consent, of equal suffrage in the Senate. This means that no amendment can be made that would deprive a state of its equal representation in the Senate without that state's consent.
The Seventeenth Amendment, ratified in 1913, superseded Article I, Section 3, Clause 1, providing for Senators to be popularly elected rather than selected by state legislatures. This amendment restates the first paragraph of Article I, Section 3 of the Constitution, replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". It also allows the governor or executive authority of each state, if authorised by that state's legislature, to appoint a senator in the event of a vacancy until a general election occurs.
The Seventeenth Amendment incorporated other provisions of Article I, Section 3, Clause 1, including equal suffrage among states, with each state accorded two Senators, each of whom would have one vote and serve a six-year term. This ensures that all states are equal in the Senate, regardless of their relative population, wealth, power, or size.
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Ratification
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming. The Constitution has been amended only 27 times since it was drafted in 1787.
Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The other option is for two-thirds of the state legislatures to request that Congress call a constitutional convention to propose amendments. However, this has never happened.
Once an amendment is proposed, it must be ratified. Ratification can occur in one of two ways: by legislatures of three-fourths of the states or by conventions in three-fourths of the states. The mode of ratification is proposed by Congress. When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once three-fourths of the states (38 out of 50) have ratified the amendment, it becomes part of the Constitution.
The Archivist then drafts a formal proclamation certifying that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the nation that the amendment process is complete.
As an example of the ratification process, consider the 19th Amendment to the Constitution, which granted women the right to vote. The amendment was passed by Congress on June 4, 1919, and then sent to the states for ratification. On August 18, 1920, Tennessee became the 36th state to ratify the amendment, meeting the three-fourths majority required for it to become part of the Constitution. The amendment was officially certified and proclaimed by the Secretary of State on August 26, 1920.
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Direct election
The Seventeenth Amendment to the United States Constitution, also known as Amendment XVII, established the direct election of United States senators by the voting public during elections. This amendment overrides the original Constitution's provisions, which allowed state legislatures to appoint senators.
The direct election of senators was first proposed by Henry R. Storrs in 1826, and similar amendments were introduced in 1829 and 1855. The Populist Party's Omaha Platform in 1892 also called for direct elections, and Oregon became the first state to conduct senatorial elections by popular vote in 1908. In 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution, and by 1912, 29 states had already elected senators through popular vote. The Seventeenth Amendment was ratified on April 8, 1913, and certified on May 31, 1913.
The amendment also addresses the procedure for filling vacant Senate seats. It allows state legislatures to appoint temporary officials to hold these seats until a special election can be held. This provision was designed to prevent states from being unrepresented in the Senate, as had occurred in Indiana and Delaware due to electoral deadlocks.
The Seventeenth Amendment faced legal challenges in more recent times, with the 1991 U.S. Court of Appeals for the Third Circuit in Trinsey v. determining that the amendment was not intended to grant citizens the right to vote in senatorial elections. Despite this, the direct election of senators has been a significant reform, allowing senators to make decisions based on the demands of their constituents rather than state legislatures with ties to special interests.
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Frequently asked questions
Article Five of the United States Constitution outlines the procedure for altering the Constitution. Amendments may be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate, or by a convention called by Congress at the request of two-thirds of state legislatures. An amendment must then be ratified by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states.
The Constitution guarantees equal representation in the Senate for each state, with two senators per state. While there is a provision preventing amendments to this, it can be amended itself through a two-step amendment process, according to law professor George Mader.
The Seventeenth Amendment, ratified in 1913, superseded Article I, Section 3, Clause 1, providing for senators to be popularly elected rather than selected by state legislatures. This amendment altered the process for electing senators and changed how vacancies would be filled.
The Seventeenth Amendment dramatically changed the political composition of the US Senate, as direct elections ensured each vote was represented equally. This led to the Democrats retaining control of the Senate in the 1916 Senate elections, despite Republican gains in the Northeast.
Yes, in the 20th century, there were concerted efforts to secure an Article V Convention to consider amendments for the popular election of US senators. While this campaign is credited with influencing the Senate to propose the Seventeenth Amendment, it never reached the two-thirds threshold required.
