Jonah Patel
The original U.S. Constitution, as written by the framers, provided for the election of senators by state legislatures. This system of indirect election was in place from 1787 until the Seventeenth Amendment to the Constitution was adopted in 1913, providing for the direct election of senators by popular vote. The Seventeenth Amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, which outlined the role of state legislatures in appointing senators and defining the qualifications for senators, such as age and citizenship requirements.
| Characteristics | Values |
|---|---|
| Who elected senators under the original constitution | State legislatures |
| Who elects senators now | People of each state |
| Who appoints senators in the event of a vacancy | Governor or executive authority of each state |
| Who appoints temporary senators in the event of a vacancy | Executive of each state |
| How often are senators elected | Every six years |
| How often is one-third of the Senate elected | Every second year |
| Minimum age of a senator | 30 years old |
| Minimum citizenship of a senator | 9 years |
| Minimum residency of a senator | Inhabitant of the state for which they are chosen |
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What You'll Learn
Senators were originally elected by state legislatures
The original US Constitution, adopted in 1788, stated that senators would be elected by state legislatures. This was a result of the Great Compromise or the Connecticut Compromise, which resolved the most controversial aspect of the drafting of the Constitution. The Virginia Plan, drafted by James Madison, proposed a bicameral national legislature, with one house, the House of Representatives, directly elected by the people of each state, and the other, the Senate, chosen by the House of Representatives from a group of individuals nominated by the state legislatures.
On June 7, 1787, the delegates approved a motion for the election of senators by state legislatures. This was based on the idea that state legislatures would provide the necessary "filtration" to produce better senators—the "elect of the elected". This system of election by state legislatures continued until the adoption of the Seventeenth Amendment to the Constitution in 1913, which provided for the popular election of senators.
The Seventeenth Amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were appointed by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held. 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 the state legislatures.
The transition to direct election of senators began with two special elections in Georgia and Maryland, followed by the November 1914 election. It was completed on March 4, 1919, when the senators chosen in the November 1918 election took office. The first senator directly elected under the Seventeenth Amendment was Augustus Bacon of Georgia.
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The Seventeenth Amendment changed this to direct election
Under the original US Constitution, senators were chosen by state legislatures. The Constitution, as adopted in 1788, outlined that each state legislature would elect two senators to serve six-year terms. This was the case for the first 125 years of the Federal Government.
The Seventeenth Amendment (Amendment XVII) to the United States Constitution changed this by establishing the direct election of senators by the people of each state. This amendment superseded Article I, Section 3, Clauses 1 and 2 of the Constitution, which had allowed state legislatures to appoint senators. The amendment also altered the procedure for filling Senate vacancies, allowing governors to make temporary appointments until a special election could be held.
The push for direct election of senators gained momentum in the late 19th century due to several issues with the state legislature system. One problem was that state legislatures sometimes deadlocked over Senate elections, resulting in long-term Senate vacancies. Additionally, political machines gained control over state legislatures, leading to concerns about the independence and integrity of the Senate.
The first proposal for direct election was introduced in the House of Representatives in 1826 but failed to gain widespread support initially. Over time, the idea gained traction, and in 1911, the House passed House Joint Resolution 39, advocating for a constitutional amendment for direct election. This resolution included a "race rider" clause aimed at preventing federal intervention in cases of racial discrimination among voters. However, this clause was removed in the Senate-approved version.
The Seventeenth Amendment was officially adopted on April 8, 1913, after ratification by three-quarters of the state legislatures. This amendment marked a significant shift in the election process, empowering citizens to directly elect their senators and increasing the accountability of the Senate to the people.
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The amendment also altered the procedure for filling Senate vacancies
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the direct election of United States senators in each state. 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.
Before the Seventeenth Amendment, the Constitution required state legislatures to fill Senate vacancies. Each state legislature chose its state's senators for a six-year term. However, with the amendment, if a vacancy occurs due to a senator's death, resignation, or expulsion, the governor can appoint a replacement to complete the term or hold office until a special election. In some states, a special election is required to fill the vacancy, and a few states mandate that the governor appoint a replacement from the same political party as the previous incumbent.
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 (36) of the state legislatures. The transition began with two special elections in Georgia and Maryland, followed by the November 1914 election. It was only complete on March 4, 1919, when the senators chosen in the November 1918 election took office.
The Seventeenth Amendment had a significant impact on the political composition of the U.S. Senate. It changed the dynamics of representation and the balance of power between the states and the federal government. The amendment also addressed concerns about the influence of special interests in the Senate and aimed for a more independent Senate, less influenced by state interests.
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The original constitution split delegates into two factions
The original US Constitution, as adopted in 1788, stated that senators would be elected by state legislatures. This was amended in 1913 by the Seventeenth Amendment, which provided for the direct election of senators by the people of each state.
The delegates eventually agreed that senators would vote as individuals, rather than having one vote per state. This was a departure from the practice used in Congress under the Articles of Confederation and in the Constitutional Convention. Luther Martin of Maryland objected, stating that individual voting departed from the idea of states being represented in the Senate. However, Maryland was the only state to oppose this motion.
The delegates also debated the Virginia Plan, proposed by James Madison. This plan called for a bicameral national legislature, with the House of Representatives directly elected by the people of each state. The Senate, on the other hand, would be chosen by the House of Representatives from a group of individuals nominated by the state legislatures. Many delegates rejected this idea, believing it would compromise the independence of the Senate. They favoured a national government that was more independent of the states, with the direct election of senators.
The Virginia Plan also proposed that the "rights of suffrage" in both houses would be proportional to the size of the state. Delegates from small states objected, while those from larger states argued they contributed more financially and defensively, and thus deserved greater representation. This proposal reflected a vision of national government that differed from the Articles of Confederation, where each state had an equal voice.
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The Senate is part of a formal bicameralism
The system of electing senators by state legislatures continued until the adoption of the Seventeenth Amendment to the Constitution in 1913. This amendment provided for the direct election of senators by the people of each state, rather than by the state legislatures. The amendment was proposed in response to several problems related to Senate elections, including deadlocks among state legislators that left Senate seats vacant for extended periods. The direct election of senators was seen as a way to make the Senate more accountable to the people and less susceptible to the influence of powerful private interests.
The transition to direct election of senators began in 1913, with the first senator directly elected under the Seventeenth Amendment taking office in 1919. This marked a significant change from the original system established by the Constitution, in which senators were chosen by state legislatures rather than directly elected by the people.
The Seventeenth Amendment also altered the procedure for filling vacancies in the Senate, allowing state governors to make temporary appointments until a special election could be held. This procedure has been the subject of legal analysis and debate, with some arguing that certain statutes restricting the authority of governors to appoint temporary replacements may violate the amendment.
In summary, the Senate's role in formal bicameralism under the original Constitution involved senators being elected by state legislatures rather than directly by the people. This system was replaced by the Seventeenth Amendment, which provided for direct election of senators and changed the process for filling Senate vacancies.
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Frequently asked questions
The original US Constitution stated that senators would be chosen by state legislatures, not by popular vote.
Yes, state legislatures retained the theoretical right to "instruct" senators to vote for or against proposals, giving states direct and indirect representation in the federal government.
By selecting senators, state legislatures could directly impact Senate decisions, strengthening ties and improving communication with Congress. Senators had an incentive to be responsive to the needs of their states, allowing state legislatures to advance their interests in Congress.
Yes, James Wilson, James Madison, and George Mason supported the direct election of senators through popular votes.
The 17th 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.
