Isabella Carter
The 16th and 17th Amendments to the US Constitution are among the 27 amendments that have been proposed and ratified since the Constitution was put into operation on March 4, 1789. The 16th Amendment, passed by Congress on May 13, 1912, and ratified on April 8, 1913, gives Congress the power to collect income taxes from citizens. The 17th Amendment, proposed by the 62nd Congress in 1912 and ratified on April 8, 1913, establishes the direct election of US senators by the people of each state, replacing the previous system where senators were appointed by state legislatures.
| Characteristics | Values |
|---|---|
| Number of Amendments | 16 and 17 |
| Part of the Constitution | The first 10 amendments, known as The Bill of Rights |
| Amendment 16 | The Congress shall have the power to lay and collect taxes on incomes |
| Amendment 17 | Established the direct election of United States senators in each state |
| Number of Amendments Proposed | 11,848 |
| Number of Amendments Proposed and sent to states for ratification | 33 |
| Number of Amendments Ratified | 27 |
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What You'll Learn
Income tax and Congress's power to collect it
The 16th Amendment to the US Constitution, passed by Congress in 1912 and ratified in 1913, grants Congress the power to collect income taxes from citizens. Prior to this amendment, Congress lacked the authority to impose income taxes directly on individuals. The 16th Amendment states that "the Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." This amendment ensures a consistent and stable source of revenue for the federal government, without relying on indirect taxes or tariffs.
The 17th Amendment, also ratified in 1913, established the direct election of senators by popular vote. Before this amendment, state legislatures chose senators for their states, and they served a six-year term. The 17th Amendment was proposed by the 62nd Congress in 1912 and came into effect on April 8, 1913, after ratification by three-quarters of the state legislatures. This amendment addressed concerns about corruption and electoral deadlocks, empowering citizens to directly elect their representatives in the Senate.
The process of amending the Constitution is outlined in Article Five. Amendments can be proposed and sent to the states for ratification by a two-thirds majority vote in both the Senate and the House of Representatives or through a national convention called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states, either through their legislatures or state ratifying conventions.
The introduction of the 16th Amendment ensured Congress's ability to levy income taxes without restrictions based on state representation or population. It provided a more efficient and equitable means of generating revenue for the federal government. The 17th Amendment, on the other hand, shifted the power to elect senators from state legislatures to the people, enhancing democratic representation in the Senate and addressing concerns about the transparency and accountability of the legislative process.
These amendments, along with the others that comprise the US Constitution, form the foundation of the country's governance and define the relationship between the federal government and its citizens. They reflect the nation's commitment to democratic principles and the ongoing evolution of its political system.
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Direct election of senators
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the direct election of United States senators by the people of each state. This amendment superseded the original procedure outlined in Article I, Section 3, Clauses 1 and 2 of the Constitution, which gave state legislatures the authority to appoint senators for a six-year term.
The push for direct election of senators began in the early 19th century, with proposals for constitutional amendments introduced as early as 1826. However, these efforts faced significant opposition and repeatedly failed to gain traction in the Senate. By the 1890s, support for direct election had grown considerably, and reformers intensified their efforts. Muckrakers like David Graham Philips exposed corruption in the Senate, alleging that senators were being elected through theft, perjury, and bribes.
William Randolph Hearst's series of articles in Cosmopolitan magazine in 1906 further fuelled the movement, attacking the Senate's lack of representation of the people. As a result, several state legislatures began to petition Congress for direct election. Despite this, attempts to pass a joint resolution in the Senate failed multiple times, even as it gained approval in the House.
The tide turned in 1910 when 31 state legislatures passed resolutions calling for a constitutional amendment, and ten Republican senators opposed to reform lost their seats. The Seventeenth Amendment was finally proposed by the 62nd Congress in 1912 and ratified on April 8, 1913, by three-quarters of the state legislatures. This amendment ensured that senators would be directly elected by the people, with each state entitled to two senators, regardless of size.
The transition to direct election began with special elections and was completed by March 4, 1919, when the senators chosen in the November 1918 election took office. Importantly, the amendment did not affect the election or term of senators chosen before it became valid, respecting the existing terms of sitting senators.
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Corruption and electoral deadlocks
The 16th and 17th Amendments to the US Constitution were ratified in the early 20th century, with the 16th Amendment being ratified in 1913 and the 17th in 1913 or 1919. The 16th Amendment gave Congress the power to levy and collect income taxes without regard to the census or the population of individual states.
The 17th Amendment, on the other hand, addressed concerns of corruption and electoral deadlocks by establishing the direct election of senators by the people of each state. Previously, under Article I, Section 3, Clauses 1 and 2 of the Constitution, senators were chosen by their state legislatures, and this often resulted in deadlocks where no candidate received a majority of the votes. This method also allowed for corruption, with senators being accused of bribing state legislatures to gain election.
Calls for reform and a constitutional amendment regarding Senate elections began in the early 19th century, with proposals for direct election being introduced in 1826, 1829, and 1855. By the 1890s, support for direct election had grown significantly, and reformers worked to build momentum for a constitutional amendment. William Randolph Hearst's 1906 series of articles in Cosmopolitan magazine attacked the Senate for its alleged corruption and stirred popular support for direct election. Muckraker David Graham Philips also contributed to this sentiment by exposing corruption in the Senate.
By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and the momentum for change became difficult to stop. The 17th Amendment was proposed by the 62nd Congress in 1912 and ratified in 1913, marking a significant shift towards greater democracy and accountability in the election of US senators.
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State legislatures choosing senators
Before the 17th Amendment was passed, state legislatures chose their state's senators for a six-year term. This was based on Article I, Section 3, Clauses 1 and 2 of the Constitution. Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between small and large states.
Calls for a constitutional amendment regarding Senate elections started in the early 19th century, with Henry R. Storrs proposing an amendment for a popular election in 1826. Similar amendments were introduced in 1829 and 1855, with Andrew Johnson being the "most prominent" proponent in 1868. In the 1860s, there was a major congressional dispute over the issue, with the House and Senate voting to veto John P. Stockton's appointment to the Senate due to his approval by a plurality, rather than a majority, of the New Jersey Legislature. In reaction, Congress passed a bill in July 1866 requiring state legislatures to elect senators by an absolute majority.
By the 1890s, support for the introduction of direct elections for the Senate had substantially increased. William Randolph Hearst opened a nationwide popular readership for direct elections in a 1906 series of articles in Cosmopolitan magazine, attacking the "treason of the Senate". By 1893, the House had the two-thirds vote for an amendment, but each time the joint resolution reached the Senate, it failed from neglect. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct elections, and ten Republican senators who were opposed to reform were forced out of their seats. Reformers argued for popular elections by highlighting flaws in the existing system, such as corruption and electoral deadlocks.
The 17th Amendment, proposed by the 62nd Congress in 1912, established the direct election of United States senators in each state. It also altered the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election could be held. The amendment was ratified by three-quarters (36) of the state legislatures and became part of the Constitution on April 8, 1913.
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Calls for a constitutional amendment
The 16th Amendment to the US Constitution, passed by Congress on May 13, 1912, and ratified on April 8, 1913, grants Congress the power to levy and collect income taxes from any source without regard to census data or apportionment among states.
The 17th Amendment, ratified on the same date, established the direct election of senators by popular vote, replacing the original system where state legislatures chose senators. This amendment also allows state governors to fill Senate vacancies temporarily until a special election is held.
In the 1860s, a dispute between the House and Senate over the appointment of John P. Stockton to the Senate due to his approval by a plurality, rather than a majority, further highlighted the need for reform. Congress passed a bill in 1866 mandating that state legislatures elect senators by an absolute majority.
By the 1890s, support for direct elections had grown significantly, and reformers worked on two fronts: some pushed for a constitutional amendment, while others, like William Randolph Hearst, used media to advocate for direct elections, highlighting corruption and electoral deadlocks.
In 1906, Hearst hired novelist David Graham Phillips to write a series of articles titled "The Treason of the Senate," which offered a critical, albeit fictionalized, account of senators as pawns of special interests. This further galvanized public support for reform, and in 1911, Senator Joseph Bristow of Kansas proposed a Senate resolution to amend the Constitution.
By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct elections, and ten Republican senators opposed to reform lost their seats. Reformers like William Jennings Bryan argued for popular elections, citing flaws in the existing system and appealing to populist sentiments.
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Frequently asked questions
The 16th Amendment to the US Constitution, passed by Congress on May 13, 1912, and ratified on April 8, 1913, grants Congress the power to levy and collect income taxes from any source without regard to state representation or population.
The 17th Amendment to the US Constitution, passed by Congress on July 2, 1909, and ratified on February 3, 1913, outlines the composition and election process of the United States Senate. Each state is to be represented by two senators, directly elected by the people of that state for a term of six years.
The 17th Amendment significantly altered the balance of power in the federal government by providing for the direct election of senators by the people. This amendment enhanced democratic representation and reduced the influence of state legislatures in Senate elections.
Yes, both amendments include provisions stating that they shall not affect the election or term of any senator chosen before the amendments became valid as part of the Constitution.
The 16th Amendment focuses on granting Congress the power to levy income taxes without restrictions based on state representation. On the other hand, the 17th Amendment primarily addresses the composition and election process of the US Senate, ensuring direct elections by the people of each state.
