Eleanor Finch
The original US Constitution, as written in 1787, provided for senators to be elected by state legislatures. However, this changed with the Seventeenth Amendment, which was passed in 1912 and ratified in 1913, allowing voters to directly elect senators. This amendment addressed concerns about electoral deadlocks and corruption in state legislatures, which had resulted in numerous Senate vacancies. The Seventeenth Amendment thus harmonized the selection process of the Senate with that of the House of Representatives, empowering citizens to directly elect their senators.
| Characteristics | Values |
|---|---|
| Who chooses senators | State legislatures |
| Who comprises the Senate | Two senators from each state |
| Term length | Six years |
| Voting method | Direct election (since 1913) |
| Election frequency | One-third of the Senate stands for election every two years |
| Voter qualifications | Electors must have the qualifications of electors of the most numerous branch of the state legislature |
| Filling vacancies | Governors can appoint replacements and set dates for special elections to choose successors |
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What You'll Learn
State legislatures originally chose senators
The original process for choosing senators, as outlined in Article I, Section 3, Clause 1 of the US Constitution, involved state legislatures electing senators. This method was intended to strengthen the states' ties to the national government and shield senators from fluctuating public opinion. The framers of the Constitution also intended for only one-third of the Senate to stand for election every two years, further distancing the Senate from democratic pressures.
The specific selection process was left to each state legislature to tailor to its unique circumstances. This reflected the established practice of the time, with colonial charters and state constitutions generally providing for one branch of their legislatures to be selected by popular vote.
The original process for choosing senators was not without its challenges. In the late 19th and early 20th centuries, electoral deadlocks in state legislatures and increasing public concern about corruption in Senate elections led to calls for reform. The "Oregon system", which used a state primary election to determine the voters' choice for senator, was adopted by over half of the states. However, this did not satisfy public demands for reform, and in 1912, the Senate investigation of bribery and corruption in the election of Illinois Senator William Lorimer indicated that only a constitutional amendment mandating the direct election of senators would address these concerns.
As early as 1826, resolutions calling for the direct popular election of senators appeared in the House of Representatives, but none were successful at the time. In 1866, Congress passed a law to regulate the time and procedure for electing senators in response to disputed elections in Indiana and New Jersey, but the election by state legislatures was left intact. Following the Civil War, disputes among state legislators over Senate elections resulted in numerous deadlocks, leaving some Senate seats vacant for extended periods.
In 1911, Senator Joseph Bristow of Kansas proposed a Senate resolution to amend the Constitution, and this was soon supported by other senators, including Senator William Borah of Idaho. By 1912, 29 states elected US senators either as nominees of their party's primary or in a general election. These popularly elected senators became outspoken proponents for a direct election process. The resolution passed the Senate on June 12, 1911, and then moved to the House of Representatives, which approved it, before going to the states for ratification. On April 8, 1913, Connecticut's approval gave the Seventeenth Amendment the required three-fourths majority for ratification. The Seventeenth Amendment modified Article I, Section 3 of the Constitution, allowing voters to directly elect US senators.
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The Seventeenth Amendment
The Constitution originally granted governors the power to appoint a replacement only if the legislature was not in session at the time of a vacancy. The Seventeenth Amendment now allows governors, if empowered by state legislatures, to appoint a replacement and set a date for a special election to choose a successor to serve for the remainder of the term.
The first senator directly elected under the terms of the Seventeenth Amendment was Augustus Bacon of Georgia, on July 15, 1913.
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Direct election
The direct election of senators is a process by which voters directly elect senators to represent their state in the Senate. This is in contrast to the original method of senator selection outlined in the US Constitution, which provided for election by state legislatures.
The direct election of senators is also known as "popular election" or "direct popular election", as it allows voters to cast direct votes for their preferred candidates. This process was established through the Seventeenth Amendment to the US Constitution, which was passed by Congress on May 13, 1912, and ratified on April 8, 1913. The amendment modified Article I, Section 3 of the Constitution, which previously allowed state legislatures to choose senators.
The push for direct election of senators arose from concerns about electoral deadlocks and corruption in state legislatures during the late 19th and early 20th centuries. These issues led to extended periods of Senate seat vacancies and public distrust of the legislative process. As early as 1826, resolutions calling for direct popular election of senators appeared in the House of Representatives.
The Seventeenth Amendment granted voters in each state the power to directly elect their senators. This amendment harmonized the selection process of the Senate with that of the House of Representatives, which had always been elected by popular vote. The amendment also provided for the filling of Senate vacancies. In the case of a vacancy due to a senator's death or resignation, the amendment allows governors, if empowered by state legislatures, to appoint a replacement and set a date for a special election to choose a successor for the remaining term.
The direct election of senators has been in place since the ratification of the Seventeenth Amendment in 1913, with the first popular Senate elections held in 1914. This system of direct election gives voters a more direct say in who represents their state in the Senate and helps to strengthen the ties between the states and the national government.
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Qualifications for senators
The original system of electing senators in the United States was established by Article I, Section 3, Clause 1 of the US Constitution, which provided for senators to be elected by state legislatures. The Seventeenth Amendment, passed in 1913, superseded this by allowing for the direct election of senators by the people of each state.
The Constitution sets out the following qualifications for senators:
- No person shall be a senator who has not attained the age of thirty years.
- They must have been a citizen of the United States for nine years.
- When elected, they must be an inhabitant of the state for which they are chosen to represent.
The Constitution also grants the Senate the power to "be the Judge of the Elections, Returns and Qualifications of its own Members". This means that the Senate has the authority to determine the qualifications of its members and make judgments on matters related to their elections and returns.
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Filling vacancies
The original US Constitution, in Article 1, Section 3, gave state legislatures the power to elect senators. However, this often led to deadlocks, resulting in Senate seats being left vacant for extended periods. In such cases, the state governor could appoint an individual to serve until the legislature filled the vacancy.
The Seventeenth Amendment, ratified in 1913, introduced the direct election of senators by the people of each state. This amendment allows governors, if empowered by state legislatures, to fill vacancies by appointing a replacement and setting a date for a special election to choose a successor to serve the remainder of the term.
In 36 states, vacancies are temporarily filled by gubernatorial appointment, followed by a special election coinciding with the next regularly scheduled election to replace the appointee. In the remaining 14 states, a special election is required within a certain time frame to fill the vacancy, with eight of these states allowing for an interim gubernatorial appointment.
The appointed person must belong to the same political party as the senator who vacated the seat. If the vacancy occurs less than four months before the next scheduled general election, the appointed member serves until the second general election after the vacancy.
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Frequently asked questions
The original US Constitution, as adopted in 1788, gave state legislatures the power to elect senators.
Yes, in 1912, Congress passed the Seventeenth Amendment, which was ratified in 1913. This allowed voters to cast direct votes for senators.
There were growing concerns about corruption in Senate elections, and electoral deadlocks in state legislatures led to numerous deadlocks, leaving Senate seats vacant.
Supporters of the original method argued that it would strengthen the states' ties to the national government and insulate senators from shifting public opinion.
A person must be at least thirty years old to become a senator.
