Eleanor Finch
The Constitution, as it was adopted in 1788, stated that senators would be elected by state legislatures. The first proposal to amend the Constitution to elect senators by popular vote was introduced in the U.S. House of Representatives in 1826, but the idea did not gain considerable support until the late 19th century when several problems related to Senate elections had become evident. On April 8, 1913, three-quarters of the states had ratified the proposed 17th Amendment, and it was officially included in the Constitution, allowing voters to cast direct votes for U.S. senators.
| Characteristics | Values |
|---|---|
| Year of Amendment | 1913 |
| Amendment Number | 17 |
| Previous System | Senators chosen by state legislatures |
| New System | Senators chosen by direct vote |
| Proposal Year | 1826 |
| Proposer | James Wilson |
| Ratification Date | April 8, 1913 |
| Ratification Requirements Met | May 13, 1912 |
| Number of States Ratifying | 36 |
| Percentage of States Ratifying | 75% |
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What You'll Learn
- The original 1788 Constitution stated senators would be elected by state legislatures
- The 17th Amendment (1913) allowed voters to directly elect senators
- State legislatures deadlocked over Senate elections, leaving seats vacant
- Senators were seen as serving powerful private interests, not the people
- The 17th Amendment faced legal disputes and calls for its repeal
The original 1788 Constitution stated senators would be elected by state legislatures
The original US Constitution, as adopted in 1788, stated that senators would be elected by state legislatures. This was a compromise made during the Constitution's ratification process, with James Madison—one of the primary authors of the Constitution—asserting that this arrangement would give states a sense of authority and legitimacy in selecting their federal representatives. This view was echoed by George Mason, who argued that having state legislatures choose senators would act as a bulwark against federal overreach.
However, this system of electing senators faced criticism and calls for reform as early as 1826, when the first proposal to amend the Constitution to allow for the popular election of senators was introduced in the US House of Representatives. Despite this, the idea of direct election did not gain widespread support until the late 19th century, when several issues with the existing system became evident. One of the main problems was that state legislatures frequently deadlocked over the election of senators, resulting in Senate vacancies lasting for extended periods.
Additionally, there were concerns about the influence of political machines on state legislatures, with senators being dismissed as puppets of special interests, such as industrialists and financiers. The rise of the Populist Party further fuelled the motivation to make the Senate more directly accountable to the people. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment to allow for the direct election of senators, and ten Republican senators who opposed reform were voted out of office.
The 17th Amendment to the US Constitution, ratified on April 8, 1913, addressed these concerns by providing for the direct election of senators by the voting public. This amendment superseded the original Constitution's provisions, allowing voters to cast direct votes for senators and altering the procedure for filling Senate vacancies.
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The 17th Amendment (1913) allowed voters to directly elect senators
The 17th Amendment, passed on May 13, 1912, and ratified on April 8, 1913, allowed voters to directly elect senators. Before the 17th Amendment, the Constitution provided for the election of senators by state legislatures. The first proposal to amend the Constitution to allow for the popular election of senators was introduced in the US House of Representatives in 1826, but the idea did not gain considerable support until the late 19th century when several problems related to Senate elections became evident.
Numerous deadlocks occurred among state legislators over Senate elections, resulting in some Senate seats being vacant for extended periods. In other instances, political machines gained control over state legislatures, and the senators elected with their support were dismissed as puppets. The Senate was also viewed as a "millionaire's club" that served the interests of the powerful. The rise of the Populist Party further motivated the push for the Senate to be more directly accountable to the people.
In the early 20th century, Oregon enacted a series of measures enabling voters to express their preference for senators, and other states followed suit with their own election reforms. In 1906, William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Published in Cosmopolitan magazine, Phillips' "The Treason of the Senate" offered an unsympathetic portrayal of senators as pawns of industrialists and financiers, further galvanizing public support for reform.
In 1911, Senator Joseph Bristow of Kansas proposed a Senate resolution to amend the Constitution, and the amended joint resolution was adopted by the Senate in May of that year. The resolution then moved to the House of Representatives, which approved it, before being sent to the states for ratification. On April 8, 1913, three-quarters of the states had ratified the proposed amendment, and it officially became the 17th Amendment to the US Constitution.
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State legislatures deadlocked over Senate elections, leaving seats vacant
The original US Constitution, as adopted in 1788, stipulated that senators would be elected by state legislatures. The first proposal to amend the Constitution to allow for the direct election of senators by popular vote was introduced in the US House of Representatives in 1826. However, the idea did not gain widespread support until much later in the 19th century when several issues with Senate elections became apparent.
One of the significant problems was the occurrence of electoral deadlocks, where state legislatures were unable to agree on the election of a senator, resulting in Senate seats remaining vacant for extended periods. This situation was exacerbated by the requirement for the two houses of a state legislature to meet jointly to resolve a deadlock. In some cases, one of the houses would refuse to meet with the other, preventing a quorum from being reached and further prolonging the vacancy.
For instance, in Indiana in 1855, the pro-slavery Democrats held a slim majority in the state senate, while the emerging anti-slavery opposition party, which would become the Republican Party, controlled the larger state house of representatives. When the house disagreed with the state senate's choice for a US senator, the Democrats refused to meet in joint assembly, leaving the seat vacant. Similar scenarios played out in California and Missouri in the same year, with both states leaving Senate seats unfilled until 1857.
Between 1891 and 1905, state legislatures deadlocked 46 times, resulting in prolonged vacancies and, in 14 instances, the failure to elect a senator altogether. In 1899, the Delaware state legislature went so far as to not send a senator to Washington for four years.
The issues with Senate elections, including electoral deadlocks, fuelled the push for reform and the call for direct election of senators by the people. This culminated in the proposal and eventual ratification of the 17th Amendment to the US Constitution in 1913, which granted voters the power to directly elect their senators.
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Senators were seen as serving powerful private interests, not the people
The original US Constitution, adopted in 1788, did not allow for the direct election of senators by the people. Instead, it stipulated that senators would be chosen by state legislatures. This system of selection was in place for over a century, until the introduction of the 17th Amendment in 1913.
The 1787 Constitutional Convention saw fierce debate over the characteristics of the Senate, including the basis of representation and the powers that the body would exercise. While Pennsylvania's James Wilson favoured a national government independent of the states, proposing the direct election of senators, this idea gained little support from other delegates. Connecticut's Roger Sherman, for instance, warned against giving too much power to the people, arguing that they "lack information and are constantly liable to be misled".
The idea of direct election by the people gained traction in the late 19th century, as several problems related to Senate elections became evident. One such issue was the frequent deadlocking of state legislatures over the election of senators, which sometimes left Senate seats vacant for extended periods. Furthermore, the Senate was increasingly seen as a "millionaire's club", serving the interests of powerful private interests, rather than those of the people. This perception was fuelled by David Graham Phillips' series, "The Treason of the Senate", published in 1906, which portrayed senators as pawns of industrialists and financiers.
In response to these concerns, reformers in several states, including Oregon, began advocating for changes to the system of electing senators. The "Oregon Plan" inspired other states to institute their own versions of election reform, reflecting a growing desire for the Senate to be more directly accountable to the people. This sentiment was further bolstered by the rise of the Populist Party. Finally, in 1911, the House of Representatives passed a resolution proposing a constitutional amendment for the direct election of senators, which was ratified by three-quarters of the states by 1913.
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The 17th Amendment faced legal disputes and calls for its repeal
The 17th Amendment, passed on April 8, 1913, modified Article I, Section 3, of the US Constitution by allowing voters to cast direct votes for US senators. Previously, senators were chosen by state legislatures. The road to the 17th Amendment was a long one, with the first proposal to amend the Constitution to elect senators by popular vote introduced in the US House of Representatives in 1826. However, the idea did not gain significant support until the late 19th century when several issues related to Senate elections became evident.
The 17th Amendment has faced legal disputes and calls for its repeal over the years. Some critics argue that the amendment has contributed to the decline of states' rights and the rise of federal power. Members of the Tea Party movement, for example, have advocated for repealing the amendment, claiming that it would protect states' rights and reduce federal power. In 2016, the Utah legislature approved a resolution calling on Congress to offer an amendment to the US Constitution to repeal the 17th Amendment.
In addition, some commentators and politicians have criticised the amendment for making senators less accountable to the states they represent. They argue that the previous system, where senators were chosen by state legislatures, ensured that senators would work for their states' interests. Notable figures who have endorsed the repeal of the 17th Amendment include former Arkansas governor Mike Huckabee, Senator Ben Sasse of Nebraska, and Supreme Court Justice Antonin Scalia.
On the other hand, supporters of the 17th Amendment argue that it increased democracy and accountability by allowing voters to directly elect their senators. They also point out that the previous system had its flaws, with state legislatures often deadlocking over Senate elections, leaving seats vacant for extended periods.
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Frequently asked questions
No, the original Constitution did not allow the people to directly elect senators.
Before the 17th Amendment, senators were chosen by state legislatures.
The 17th Amendment was passed on April 8, 1913.
The 17th Amendment modified Article I, Section 3, of the Constitution, allowing voters to directly elect senators. It also altered the procedure for filling Senate vacancies.
The 17th Amendment was passed due to various problems with the original system, including electoral deadlocks, corruption, and the influence of special interests. Reformers argued for popular election to make senators more accountable to the people.
