Malcolm Rivera
The Seventeenth Amendment to the U.S. Constitution, ratified in 1913, provides for the direct election of senators. Before this amendment, senators were chosen by state legislatures, which led to numerous issues, including bribery, corruption, and deadlocks. The direct election of senators allows them to make decisions based on the demands of their constituents rather than state legislatures with ties to special interests.
| Characteristics | Values |
|---|---|
| Amendment Number | Seventeenth Amendment |
| Year of Amendment | 1913 |
| Senators Elected By | Direct election by the people |
| Election Type | Popular vote |
| Number of Senators per State | Two |
| Senator Term Length | Six years |
| Vacancy Procedure | State governor appoints temporary official until special election |
| Ratification Date | April 8, 1913 |
| Ratification Requirements Met | Three-fourths majority of states |
| First Senator Elected Under Amendment | Augustus Bacon of Georgia |
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What You'll Learn
The original system of senators being chosen by state legislatures
The original system of senators being selected by state legislatures was a feature of the US political system for the first 125 years of the Federal Government. The US Constitution, as it was adopted in 1788, stated that senators would be elected by state legislatures. This was a compromise between the framers of the Constitution, who met at the Constitutional Convention in 1787. James Madison, one of the primary authors of the Constitution, asserted that this method would give the states a sense of authority and legitimacy in selecting representatives for the federal government.
The original system was also seen as a way to protect against federal overreach, with the longer terms and avoidance of popular election turning the Senate into a body that could counter the populism of the House of Representatives. Senators could "take a more detached view of issues coming before Congress". State legislatures retained the theoretical right to "instruct" their senators to vote for or against proposals, giving the states both direct and indirect representation in the federal government.
However, the system of state legislatures electing senators was not without its problems. Following the Civil War, disputes among state legislators over Senate elections resulted in numerous deadlocks, leaving some Senate seats vacant for long periods. For example, the Indiana legislature had a vacant senate seat for two years in the mid-1850s due to a partisan deadlock. The Delaware legislature took 217 ballots over 114 days in 1895, resulting in a stalemate, and Delaware remained without representation in the Senate for two years.
In the post-Civil War era, there was also criticism of the state legislatures' appointment power, with wealthier and more influential candidates bribing legislatures to appoint them in exchange for favors. This led to the rise of the People's Party, commonly referred to as the Populist Party, which added momentum to the movement for direct election of senators. By 1912, 29 states elected US senators either as nominees of their party's primary or in a general election.
The Seventeenth Amendment, ratified in 1913, changed the system so that senators were elected directly by the voting public. This amendment also authorized state governors to appoint temporary officials to hold vacant Senate seats until a special election could be conducted.
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Bribery and corruption in the election of senators
The Seventeenth Amendment to the US Constitution, ratified in 1913, provides for the direct election of senators. Before this amendment, senators were elected by state legislatures, which led to numerous problems, including electoral deadlocks and corruption.
One notable example of bribery and corruption in the election of senators is the case of William Lorimer of Illinois in 1909. Lorimer was accused of obtaining his seat through bribery and corruption, with reports indicating that $100,000 had been spent on bribes to secure his election. After a lengthy investigation, the Senate declared Lorimer's election invalid in 1912, making him the last senator to be deprived of office for corrupting a state legislature.
More recently, there have been several investigations into senators and representatives for bribery, corruption, and ethics violations. For example, in 2018, the Ohio Democratic Party filed a complaint against Renacci for misusing his congressional office for campaign purposes, and in 2020, the Senate Ethics Committee opened an investigation into Sen. Loeffler's trades involving stocks sold after a committee briefing on the COVID-19 trajectory. These examples illustrate that while the direct election of senators has helped to reduce some of the corruption associated with the previous system, bribery and corruption in senatorial elections remain ongoing issues in American politics.
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The rise of the People's Party
The People's Party, commonly referred to as the Populist Party, emerged in the 19th century as a response to the growing perception of the Senate as a "millionaire's club" serving the interests of the powerful and wealthy. The party's platform, known as the Omaha Platform, advocated for a range of measures, including the direct election of senators.
The idea of direct election was not new, with the first proposal to amend the Constitution and elect senators by popular vote introduced in the House of Representatives in 1826. However, it was the rise of the People's Party and the increasing public support for reform that added momentum to the cause. The People's Party believed in the rights and wisdom of the common people and sought to make the Senate more directly accountable to them.
In the mid-1890s, the Populist Party incorporated the direct election of senators into its official platform. Between 1893 and 1902, a constitutional amendment for the direct election of senators was proposed in Congress annually, reflecting the party's persistent advocacy for this change. During this period, the cumbersome election process and the influence of wealth and corruption in Senate elections became evident, further strengthening the case for reform.
The People's Party enjoyed some electoral success, with approximately 45 members serving in the U.S. Congress between 1891 and 1902, including six United States Senators. This presence in Congress allowed them to advocate for their ideals, including the direct election of senators.
In 1906, William Randolph Hearst's Cosmopolitan magazine published a series of articles titled "The Treason of the Senate," portraying senators as pawns of industrialists and financiers. This muckraking journalism, including fictionalized accounts, generated significant public support for direct elections. By 1911, more than half of the states were utilizing some form of popular election to choose senators, and the House of Representatives passed a resolution proposing a constitutional amendment for direct elections, which was eventually ratified as the 17th Amendment in 1913.
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The 1912 Senate investigation of bribery and corruption
The Seventeenth Amendment to the U.S. Constitution, passed in 1913, allows voters to directly elect their senators. Before this, senators were chosen by state legislatures, which led to numerous issues, including electoral deadlocks and corruption.
The 1912 Senate investigation into bribery and corruption in the election of Illinois Senator William Lorimer exemplified the problems with the previous system. Lorimer, also known as the "blond boss of Chicago", was accused of obtaining his seat through bribery and corruption. The Chicago Tribune alleged that he had bribed state legislators to appoint him. Lorimer denied the charges, and the Senate referred the matter to the Committee on Privileges and Elections. The committee's majority report exonerated Lorimer, claiming that no evidence directly linked him to any corrupt practices. However, the Illinois state senate later reported ties between Lorimer and high-ranking Illinois executives, indicating campaign corruption. This led to a second investigation by a special committee, which heard 180 witnesses and amassed eight volumes of testimony.
The second investigation's findings were disputed. The majority again stated that they had found no evidence of a fund or corrupt practices related to Lorimer's election. However, the minority contended that new information established that at least ten of the votes cast for Lorimer were corruptly obtained, demanding that his election be ruled invalid. Ultimately, Lorimer was expelled from the Senate, becoming the last senator to be deprived of office for corrupting a state legislature.
The 1912 investigation highlighted the need for reform and contributed to the passage of the Seventeenth Amendment, which aimed to address the issues of corruption and undue influence by allowing voters to directly elect their senators. This amendment was passed by Congress on May 13, 1912, and ratified on April 8, 1913, marking a significant change to the U.S. Constitution and the election of senators.
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The appointment of temporary officials to hold vacant Senate seats
The Seventeenth Amendment to the US Constitution, ratified in 1913, established the direct election of senators by the people. Before this, senators were chosen by state legislatures. The Seventeenth Amendment also addresses the process for filling vacant Senate seats.
The Seventeenth Amendment allows state legislatures to empower the governor to appoint a temporary replacement to fill a vacant Senate seat until a special election can be held. This is known as making a "temporary appointment". The governor may appoint someone of their choice or from a list of nominees submitted by the previous senator's party. However, some states require the governor to appoint a replacement from the same political party as the previous incumbent.
The process for filling Senate vacancies varies from state to state. While most states allow their governors to appoint temporary replacements, some states, such as Kentucky, North Dakota, Oregon, Rhode Island, and Wisconsin, require vacancies to be filled by a special election.
In recent years, there have been instances where governors have appointed temporary replacements due to senators resigning or passing away. For example, in 2023, Nebraska's governor appointed the state's former governor, Pete Ricketts, to replace the resigning Senator Ben Sasse. Similarly, in California, Governor Gavin Newsom appointed Laphonza Butler to fill the vacancy left by the death of Senator Dianne Feinstein.
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Frequently asked questions
The Seventeenth Amendment to the Constitution provides for the direct election of senators.
The Seventeenth Amendment was passed in 1913.
The Seventeenth Amendment was passed to allow voters to cast direct votes for senators. Previously, senators were chosen by state legislatures.
There were several criticisms of the original system, including:
- Wealthier and more influential candidates could bribe state legislatures to appoint them in exchange for favors.
- State legislatures sometimes deadlocked over the election of senators, leaving Senate seats vacant for long periods.
- Senators were seen as serving powerful private interests rather than the people.
