Simone Lawson
The 17th Amendment to the United States Constitution, which was passed in 1913, introduced a significant change to the process of electing senators. Before this amendment, senators were chosen by state legislatures, but the 17th Amendment provided for their direct election by the people, with each state entitled to two senators serving six-year terms. This shift in the mode of election had a notable impact on the political composition of the Senate. The amendment also altered the procedure for filling Senate vacancies, allowing governors to make temporary appointments until special elections could be held. While some states quickly ratified the amendment, others did not take any action, and the reform faced opposition from those who believed it threatened states' rights and independence.
| Characteristics | Values |
|---|---|
| What does it change? | Article I, Section 3, Clauses 1 and 2 of the Constitution |
| What does it establish? | Direct election of United States senators in each state |
| What does it supersede? | The appointment of senators by state legislatures |
| What else does it change? | The procedure for filling Senate vacancies |
| Who proposed it? | Senator Joseph Bristow of Kansas |
| When was it proposed? | 1911 |
| When was it passed by Congress? | May 13, 1912 |
| When was it ratified? | April 8, 1913 |
| What did it change about Senate vacancies? | It allowed for state legislatures to permit their governors to make temporary appointments until a special election can be held |
| What did it not change? | The election or term of any Senator chosen before it became valid |
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What You'll Learn
The 17th Amendment and the direct election of US senators
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the direct election of United States senators by popular vote. The amendment superseded the original procedure outlined in Article I, Section 3, Clauses 1 and 2 of the Constitution, which provided for senators to be appointed by state legislatures.
The push for the 17th Amendment arose from a series of problems related to Senate elections in the late 19th century, including deadlocks among state legislators that left Senate seats vacant for extended periods. In 1826, the first proposal to amend the Constitution and elect senators by popular vote was introduced, but it failed to gain significant traction. Over time, public sentiment shifted towards reform, fuelled by publications such as David Graham Phillips' "The Treason of the Senate" series in 1906, which portrayed senators as beholden to special interests.
The turning point came in 1911 when Senator Joseph Bristow of Kansas proposed a resolution to amend the Constitution, eliminating the "race rider" clause that prevented federal intervention in cases of racial discrimination among voters. The resolution passed the Senate by a narrow margin and, in 1912, the House accepted the change. On April 8, 1913, the resolution became the 17th Amendment after ratification by three-quarters of the state legislatures.
The 17th Amendment altered the process for filling Senate vacancies as well. It allowed state legislatures to empower their governors to make temporary appointments until a special election could be conducted. This amendment marked a significant shift in the election of senators, transferring the power of choice from state legislatures to the people, ensuring that senators would be directly accountable to the voters they represented.
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The Oregon Plan and election reform
The Seventeenth Amendment to the United States Constitution altered the process for electing senators. Before the amendment, each state legislature chose its state's senators for a six-year term. The 17th Amendment established the direct election of senators by popular vote, allowing the people to elect their senators. This change was brought about by a series of reforms, including the "Oregon Plan".
The Oregon Plan refers to a set of measures enacted in Oregon in the early 20th century that allowed voters to express their choice for senator directly. This was a significant departure from the previous system, where state legislatures chose senators. The Oregon Plan was a response to growing dissatisfaction with the structure of elections, the conduct of campaigns, and the role of political parties. Oregonians sought more power in electing their representatives and desired to restructure their system of representation at both the state and local levels.
The success of the Oregon Plan inspired other states to follow suit and institute their own versions of election reform. In 1906, publisher William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Phillips' series, "The Treason of the Senate," further galvanised public support for reform by portraying senators as pawns of industrialists and financiers.
The movement for election reform culminated in the proposal of a Senate resolution to amend the Constitution by Senator Joseph Bristow of Kansas in 1911. This resolution, which became the 17th Amendment, was approved by a close vote of 45 to 44, with Vice President James S. Sherman casting the tie-breaking vote. The amended resolution was then adopted by a wider margin of 64 to 24. The House accepted the change in 1912, and the 17th Amendment became part of the Constitution on April 8, 1913, after ratification by three-quarters of the state legislatures.
Today, Oregon continues to be a leader in election reform, with various organisations seeking to change its electoral systems and laws. Ranked-choice voting, open primaries, and campaign finance reforms are among the topics of interest for Oregonians. The state has also allowed electoral fusion and joined the National Popular Vote Interstate Compact, designating its electoral votes to the ticket winning the popular vote nationwide. Oregon's Constitution provides broader free speech protections than federal law, striking down many laws and ballot measures that enacted contribution limits.
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The impact of the 17th Amendment on the US Senate
The 17th Amendment to the United States Constitution brought about a direct election of senators, replacing the previous system where state legislatures chose senators for a six-year term. This change had a significant impact on the political composition of the US Senate.
Prior to the 17th Amendment, the election of senators was often dominated by the business of picking senators, distracting voters from other pertinent issues. State legislatures also deadlocked over senator elections, resulting in Senate vacancies for extended periods. In some cases, political machines gained control of state legislatures, leading to allegations of senators being elected through corruption. These issues prompted calls for reform, with some states enacting measures to allow voters to express their choice for senator, following the "Oregon Plan". William Randolph Hearst's series of articles in Cosmopolitan magazine in 1906, titled "The Treason of the Senate," further galvanised public support for direct elections.
The 17th Amendment, proposed by the 62nd Congress in 1912, altered the process for electing senators and filling vacancies. It provided for the direct election of senators by the people, ensuring each vote was represented equally. This change had a dramatic impact on the political landscape of the Senate. For example, in the 1916 Senate elections, malapportionment of state legislatures would have given control to the Republicans. However, with direct elections, the Democrats retained their stronghold in the South and gained new seats, maintaining their control.
The amendment also allowed state legislatures to empower their governors to make temporary appointments to fill Senate vacancies until a special election could be held. This provision ensured that states had representation in the Senate during periods between elections.
Overall, the 17th Amendment had a significant impact on the US Senate by changing the method of electing senators, addressing issues related to Senate elections, and empowering citizens to directly elect their representatives. This amendment marked a shift towards greater democracy and representation in the Senate, moving away from the previous system where state legislatures held the power to choose senators.
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The 17th Amendment and the filling of Senate vacancies
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the direct election of senators in each state. It supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were appointed by state legislatures. The Seventeenth Amendment also alters the procedure for filling vacancies in the Senate.
Before the Seventeenth Amendment, the Constitution required state legislatures to fill Senate vacancies. The Seventeenth Amendment allows state legislatures to permit their governors to make temporary appointments until a special election can be held. This change gives state governors the authority to fill vacant Senate seats temporarily until a proper election can be conducted.
The text of the Seventeenth Amendment states that "the legislature of any state may empower the executive thereof to make temporary appointments". This means that the amendment gives state legislatures the power to delegate the authority to appoint temporary senators to the governor. Once this authority has been delegated, the legislature cannot intervene in the appointment process. The authority granted by the Seventeenth Amendment is solely to decide whether the governor has the power to appoint temporary senators, not whom the governor may appoint.
The Seventeenth Amendment provides for the election of senators by replacing the phrase "chosen by the Legislature thereof" in Article I, Section 3 of the Constitution with "elected by the people thereof." This change ensures that senators are directly elected by the voting public during elections. The amendment also specifies that each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between small and large states.
The Seventeenth Amendment had a significant impact on the political composition of the U.S. Senate. It reduced the influence of state legislatures in favour of direct elections, allowing senators to make decisions based on the demands of their constituents rather than special interests tied to state legislatures. The amendment also addressed issues of corruption and electoral deadlock associated with the previous system of senatorial appointments.
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The 17th Amendment and state sovereignty
The 17th Amendment to the United States Constitution established the direct election of senators in each state by popular vote. This change supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, which previously allowed state legislatures to appoint senators. The amendment also altered the procedure for filling Senate vacancies, allowing state governors to make temporary appointments until a special election can be held.
Prior to the 17th Amendment, the election of senators by state legislatures was seen as a way to ensure state sovereignty and independence. Opponents of the amendment argued that transferring the power to elect senators to the people would threaten the rights and independence of the states. They believed that states were sovereign and entitled to have separate representation in Congress, with ambassadors from their legislatures.
However, supporters of the 17th Amendment, including reformers in many states, argued that direct election would increase democratic representation and address issues of corruption and special interests influencing state legislatures. The amendment addressed concerns about deadlocked state legislatures and prolonged Senate vacancies, as well as the perception of senators as serving powerful private interests rather than the people.
The debate around the 17th Amendment and state sovereignty also involved discussions of racial discrimination and the rights of Black Americans. Some supporters of the amendment included a "race rider" or "rider" clause, which was intended to prevent federal intervention in cases of racial discrimination among voters. Opponents of the amendment saw this as a way to override the voting rights of Black Americans guaranteed by the 15th Amendment. Ultimately, the final version of the 17th Amendment did not include this controversial clause.
In conclusion, the 17th Amendment significantly altered the relationship between state legislatures and the election of senators, sparking debates about state sovereignty and the balance of power between states and the federal government. While some argued that the amendment threatened state sovereignty, others believed it enhanced democratic representation and addressed issues of corruption and discrimination. The amendment's impact on the political composition of the Senate and the separation of powers continues to be a subject of discussion and analysis.
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Frequently asked questions
The 17th Amendment to the United States Constitution established the direct election of United States senators in each state.
The 17th Amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were appointed by state legislatures.
The 17th Amendment dramatically impacted the political composition of the U.S. Senate by allowing voters to cast direct votes for U.S. senators.
The 17th Amendment was passed by Congress on May 13, 1912, and ratified on April 8, 1913.
