Isabella Carter
The United States Senate, formed in 1789, was modelled on the ancient Roman Senate, with the name derived from the Latin 'senatus', meaning council of elders. The original US Constitution provided for senators to be chosen by state legislatures, but this led to repeated problems with vacant seats due to legislatures' inability to elect senators, intrastate political struggles, bribery, and intimidation. In 1913, the Seventeenth Amendment was passed, providing for the direct election of senators by the voting public.
| Characteristics | Values |
|---|---|
| Number of senators per state | 2 |
| Term length | 6 years |
| Election frequency | Every 2 years |
| Election method | Direct election by the voting public |
| Minimum age | 30 years old |
| Citizenship requirement | US citizen for at least 9 years |
| Residency requirement | Must be an inhabitant of the state they seek to represent |
| Vacancy procedure | Governor appoints a replacement and sets a date for a special election |
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What You'll Learn
The Seventeenth Amendment
The amendment modified Article I, Section 3, Clauses 1 and 2 of the Constitution, which originally provided for the election of senators by state legislatures. It also altered the procedure for filling Senate vacancies, allowing state legislatures to empower their governors to make temporary appointments until a special election could be held.
The adoption of the Seventeenth Amendment marked a significant shift in the way senators were elected, moving from indirect election by state legislatures to direct election by the people. This change was driven by concerns over bribery and corruption in Senate elections, as well as a growing movement for reform and direct election. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and in 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution. The resolution was adopted by the Senate in June 1911 and later approved by the House of Representatives before being sent to the states for ratification.
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Qualifications of senators
The qualifications for senators are outlined in Article I, Section 3, of the US Constitution, which sets out three requirements:
- Senators must be at least 30 years old.
- They must have been citizens of the United States for at least nine years.
- They must be inhabitants of the states they seek to represent at the time of their election.
The age and citizenship qualifications for senators are more stringent than those for representatives.
The Seventeenth Amendment to the Constitution, ratified in 1913, changed the process of electing senators. Previously, senators were chosen by state legislatures, but the amendment provided for their direct election by the voting public. This amendment also addressed the issue of vacant senate seats, allowing temporary appointments by state governors until a special election could be held.
The amendment was a response to increasing criticism of the state legislatures' appointment of senators, particularly regarding corruption, bribery, and the inability to elect senators, resulting in repeated vacant seats. The direct election of senators aimed to address these concerns and ensure senators were accountable to their constituents rather than special interests.
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State representation
The United States Senate was formed in 1789, modelled on the ancient Roman Senate. The name comes from the Latin "senatus", meaning council of elders. The US Senate is the upper house of the bicameral US Congress, with the House of Representatives as the lower house.
The Seventeenth Amendment to the Constitution, ratified in 1913, changed the way senators were elected. Before this, senators were chosen by state legislatures. The Seventeenth Amendment provided for the direct election of senators by the voting public. Each state is represented by two senators, who serve six-year terms.
The Seventeenth Amendment was a response to problems with repeated vacant seats, intrastate political struggles, bribery, and intimidation. These issues led to a growing movement to amend the Constitution and allow for the direct election of senators. The amendment also addresses the filling of vacant seats. It allows state governors to appoint temporary officials to hold vacant seats until a special election can be held.
The original Constitution's framers intended for state legislatures to choose their senators, giving states a sense of authority and legitimacy in selecting federal representatives. However, this led to issues with corruption and bribery, as wealthier candidates could bribe legislatures for appointments.
The Seventeenth Amendment has faced some legal disputes and controversies, with some arguing for a return to the original system, believing that state legislatures would guarantee the state loyalty of elected leaders.
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Vacancy appointments
The Seventeenth Amendment, passed on May 13, 1912, and ratified on April 8, 1913, allows governors, if empowered by state legislatures, to appoint a temporary replacement in the event of a Senate vacancy. The appointed senator serves until a new senator is elected and "qualified", meaning the Senate has accepted the election credentials and administered the oath of office. The decision of when, or if, to hold a special election to fill out the remainder of the term is determined by the laws of the individual states.
Before the Seventeenth Amendment, Article I, Section 3 of the Constitution gave state legislatures the power to appoint a replacement senator if the legislature was in session at the time of the vacancy. If the legislature was not in session, the state's governor would appoint a replacement to serve until the legislature could fill the vacancy.
As of 2025, in 36 states, Senate vacancies are temporarily filled by gubernatorial appointment. The appointee serves until the next statewide general election is held, and the winner of that election serves out the remainder of the term. The appointed person must belong to the same political party as the senator who vacated the seat.
In the remaining 14 states, a special election is required within a certain time frame to fill the vacancy. Of those 14 states, eight allow for an interim gubernatorial appointment.
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Direct election of senators
The direct election of senators, or the Seventeenth Amendment, was ratified on April 8, 1913. It overrides the previous Constitution's provisions on the election of senators, allowing them to be elected directly by the voting public during elections.
The Seventeenth Amendment provides for the election of senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". This change means that senators are now chosen by the people of the state they represent, rather than by state legislatures. Each state is represented by two senators who serve staggered six-year terms, and each senator has one vote.
The direct election of senators was a response to increasing criticism of the state legislatures appointing senators. In the post-Civil War era, there were several instances of corruption, with wealthier candidates bribing legislatures to appoint them in exchange for favors. There were also problems with repeated vacant seats due to intrastate political struggles, bribery, and intimidation, as well as electoral deadlocks where state legislatures failed to reach agreements.
The "Oregon system" was proposed as a Progressive response to these concerns, where a state primary election would identify the voters' choice for senator, and all candidates for the state legislature would pledge to honor the primary's result. However, this was not enough to satisfy public demands for reform, and in 1910 and 1911, the House passed proposed amendments for the direct election of senators.
The Seventeenth Amendment has faced some legal disputes in recent times, with certain senators and political analysts advocating for its repeal on the grounds that state legislatures would guarantee the state loyalty of elected leaders.
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Frequently asked questions
Before the Seventeenth Amendment was passed in 1913, senators were elected by individual state legislatures.
Problems with repeated vacant seats due to the inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators.
The Seventeenth Amendment modified Article I, Section 3 of the Constitution by allowing voters to cast direct votes for senators. The amendment also allows state governors to appoint temporary officials to hold vacant senate seats until a proper special election can be conducted.
Article I, Section 3, of the Constitution, sets three qualifications for senators: 1) they must be at least 30 years old; 2) they must have been citizens of the United States for at least nine years; and 3) they must be inhabitants of the states they seek to represent at the time of their election.
