Eleanor Finch
The Seventeenth Amendment to the U.S. Constitution, ratified on April 8, 1913, modified Article I, Section 3, of the Constitution by allowing voters to cast direct votes for U.S. senators. Prior to this amendment, senators were chosen by state legislatures, which led to issues such as bribery and electoral deadlock. The amendment provides for the election of senators by replacing the phrase chosen by the Legislature thereof with elected by the people thereof. It also allows state governors to appoint temporary officials to vacant senate seats until a special election can be held.
| Characteristics | Values |
|---|---|
| Amendment Number | 17 |
| Date of Ratification | April 8, 1913 |
| Subject | Direct Election of Senators |
| Previous System | Election of senators by state legislatures |
| Reason for Amendment | Bribery and corruption in state legislatures, electoral deadlocks |
| Author | Senator Joseph L. Bristow of Kansas |
| Main Purpose | Adapting the country's legislative system for rapid changes |
| Additional Provisions | Authorizing temporary appointments to fill Senate vacancies |
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What You'll Learn
The Seventeenth Amendment
The amendment provides that:
> The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
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Bribery and corruption in state legislatures
The Seventeenth Amendment to the Constitution, ratified on April 8, 1913, changed the process of electing senators. Previously, state legislatures chose senators, but the amendment provided for the direct election of senators by the people, with each state electing two senators for six-year terms. This change addressed issues of bribery and corruption in state legislatures, where wealthier candidates could bribe legislators for appointment. The amendment also allowed senators to make decisions based on their constituents' demands rather than the interests of state legislatures.
The Seventeenth Amendment was a response to the problems of bribery and corruption in state legislatures. Before the amendment, the election of senators was a compromise made during the Constitution's ratification process. James Madison, one of the Constitution's primary authors, argued that having state legislatures choose senators would give states authority and legitimacy in selecting federal representatives. However, this system allowed for bribery and corruption, with wealthier candidates bribing legislatures for appointment.
The issue of bribery in state legislatures came to the fore, with instances of wealthy and influential candidates bribing legislators to secure appointments. This form of corruption undermined the democratic process and led to concerns about the fairness and integrity of senatorial elections. Electoral deadlocks also occurred, where state legislatures failed to agree on the selection of senators, resulting in vacant Senate seats for extended periods.
The Seventeenth Amendment addressed bribery and corruption by transferring the power to elect senators directly to the people. This change reduced the influence of special interests and ensured that senators were accountable to their constituents rather than state legislatures. The amendment also provided for temporary appointments by state governors in the event of Senate vacancies, further mitigating the potential for bribery and corruption in the appointment process.
While the Seventeenth Amendment was a significant reform, it has not entirely eradicated bribery and corruption in state politics. Legal corruption, in the form of campaign contributions or endorsements exchanged for benefits, remains prevalent. Additionally, perceptions of corruption vary across states, with ideological beliefs and past scandals influencing these perceptions. Nevertheless, the amendment was a crucial step toward addressing the issues of bribery and corruption in state legislatures and empowering the voting public in the democratic process.
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Direct election of senators
The Seventeenth Amendment to the United States Constitution established the direct election of United States senators in each state. The amendment was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, after ratification by three-quarters of state legislatures. The direct election of senators superseded the original tenets of the Constitution, which allowed state legislatures to elect senators.
The direct election of senators was not what the framers of the U.S. Constitution had in mind when they met at the Constitutional Convention in 1787. James Madison, one of the primary authors of the Constitution, asserted that having state legislatures choose their senators would give states a sense of authority and legitimacy in selecting federal representatives. George Mason argued that state legislatures choosing senators would act as a bulwark against federal overreach. Wendell Pierce determined that a balance between popularly-elected leaders in the House of Representatives and state legislature-appointed leaders in the Senate would allow for a wide range of perspectives in political dialogue.
Calls for a constitutional amendment regarding Senate elections started in the early 19th century, with Henry R. Storrs proposing an amendment for popular election in 1826. Similar amendments were introduced in 1829 and 1855, with the "most prominent" proponent being Andrew Johnson, who raised the issue in 1868. By the 1890s, support for direct election had substantially increased, and the Populist Party's Omaha Platform in 1892 called for the direct election of senators. Oregon became the first state to conduct senatorial elections by popular vote in 1908, soon followed by Nebraska.
The Seventeenth Amendment restates the first paragraph of Article I, section 3 of the Constitution and provides for the election of senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". The amendment also allows the governor or executive authority of each state, if authorized by that state's legislature, to appoint a senator in the event of a vacancy until a general election occurs.
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Oregon System
The United States Constitution, as originally conceived, did not provide for the direct election of senators by the people. Instead, Article I, Section 3 of the Constitution provided for senators to be chosen by their respective state legislatures. This was a compromise reached during the Constitutional Convention in 1787, intended to give states a sense of authority and legitimacy in selecting their federal representatives.
However, this system of selection led to several issues, including bribery and electoral deadlocks. As a result, calls for direct election or "popular vote" for senators began as early as 1826, and Oregon became the first state to elect senators by popular vote in 1908.
The Oregon System, therefore, refers to the method of electing senators directly through a popular vote. This system was adopted by Oregon in 1908, preceding the Seventeenth Amendment to the US Constitution, which mandated direct election of senators by the people.
The Seventeenth Amendment, ratified on April 8, 1913, changed the process of electing senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". This amendment was a significant reform of the original Constitution, designed to adapt the legislative system to rapid changes. It also allowed senators to make decisions based on the demands of their constituents rather than state legislatures with ties to special interests.
Oregon's system of direct election has been applied in subsequent senatorial elections in the state, such as the 2022 United States Senate election. In this election, incumbent Democratic Senator Ron Wyden won a fifth full term, defeating Jo Rae Perkins, the Republican nominee. The Oregon Secretary of State works to maximise voter participation, preserve Oregon's history, and promote business in the state.
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State sovereignty
The Seventeenth Amendment to the US Constitution, ratified on April 8, 1913, changed the way senators were elected. The amendment states that senators shall be "elected by the people", replacing the original constitutional provision which stated senators would be "chosen by the Legislature thereof".
The concept of state sovereignty in the US has evolved since the country's founding. The Articles of Confederation, which governed the US from 1777 until 1789, guaranteed state sovereignty and independence. Under this system, the United States was essentially a federation of independent republics, with each state holding effective veto power over any proposed changes.
The US Constitution, ratified in 1789, established a stronger central government and reduced the sovereignty of individual states. The Necessary and Proper Clause, for example, gave Congress broad powers to "make all Laws that shall be necessary and proper for carrying into execution the foregoing powers". The Constitution also placed specific limits on the states, such as barring them from independently entering into treaties or printing their own money.
Despite these limits, the US Constitution still recognises a degree of state sovereignty. The Tenth Amendment states that:
> "The [Tenth] Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States’ integrity or their ability to function effectively in a federal system."
In other words, the US Constitution only divests states of their original powers to the extent that those powers have been transferred to the federal government. This interpretation was affirmed by the Supreme Court in the 1976 case National League of Cities v. Usery, which held that the Tenth Amendment acts as an independent constitutional constraint on federal power.
In summary, while the US Constitution has limited state sovereignty compared to the Articles of Confederation, states still retain significant sovereign authority under the Tenth Amendment.
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Frequently asked questions
No, the original US Constitution did not require a popular vote for senators. Senators were chosen by state legislatures.
Following the Senate passage of the 17th Amendment on June 12, 1911, and its approval by the House of Representatives, the Amendment moved to the states for ratification. On April 8, 1913, Connecticut's approval gave the Seventeenth Amendment the required three-fourths majority needed for ratification.
Augustus Bacon of Georgia was the first senator directly elected under the terms of the Seventeenth Amendment, on July 15, 1913.
The 17th Amendment was passed to address issues of electoral deadlock and corruption. State legislatures failed to reach agreements in their selection of senators, leaving some Senate seats vacant for long periods of time. Wealthier and more influential candidates could also bribe legislatures to appoint them in exchange for favors.
