The Original Constitution: Senators Elected By State Legislatures

who would elect the senators in original constitution

The original US Constitution, as conceived by the Founding Fathers, outlined a different process for electing senators than the one we know today. The Constitution, established in 1789, dictated that senators would be chosen by state legislatures rather than by popular vote, with each state electing two senators to serve six-year terms. This method of selection was designed to check the power of the popularly elected House of Representatives, ensuring that each state, regardless of size or population, was equally represented in the Senate. However, this system faced criticism and led to concerns about legislative corruption and electoral deadlocks. The Seventeenth Amendment, ratified in 1913, ultimately changed the process by establishing the direct election of senators by the people of their respective states.

Characteristics Values
Who elected the senators? State legislatures
Who proposed the direct election of senators? Senator Joseph Bristow of Kansas
Who supported the direct election of senators? Senator William Borah of Idaho
When was the Seventeenth Amendment ratified? April 8, 1913
When were the first popular Senate elections held? 1914
What was the purpose of the Seventeenth Amendment? To adapt the country's legislative system to rapid changes

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The original process

The state legislatures were responsible for filling Senate vacancies, and in some cases, state governors were granted the power to appoint replacements if the legislature was not in session at the time of the vacancy. However, this often led to electoral deadlocks, with Senate seats remaining vacant for extended periods.

In the late 19th and early 20th centuries, growing public concern about corruption in Senate elections and deadlocks in state legislatures led to calls for reform. The House of Representatives began introducing resolutions calling for direct popular elections of senators as early as 1826, but it wasn't until the early 1900s that the movement gained momentum.

In 1911, Senator Joseph Bristow of Kansas proposed a resolution for the direct election of senators, and by 1912, 29 states had already adopted some form of direct election for their senators. On April 8, 1913, the Seventeenth Amendment to the United States Constitution was ratified, establishing the direct election of senators by the people of each state.

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Calls for reform

Calls for a constitutional amendment regarding Senate elections started in the early 19th century. As early as 1826, resolutions calling for the direct popular election of senators appeared in the House of Representatives, but none succeeded. Following the Civil War, disputes among state legislators over Senate elections resulted in numerous deadlocks, leaving some Senate seats vacant for long periods of time. For example, the Delaware legislature reached a stalemate in 1895, taking 217 ballots over 114 days. Delaware remained without representation in the U.S. Senate for two years.

In the late 19th and early 20th centuries, electoral deadlocks in state legislatures, along with growing public concern about corruption in Senate elections, led to increased calls for reform. By the 1890s, support for the introduction of direct election for the Senate had substantially increased. In 1893, the House had the two-thirds vote for an amendment for direct election, but it failed in the Senate. This pattern repeated in 1900, 1904, and 1908.

A turning point came in 1906 when publisher William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Published in Cosmopolitan magazine, Phillips’ series, “The Treason of the Senate,” offered an unsympathetic (and largely fictionalized) account of senators as pawns of industrialists and financiers. The articles further galvanized public support for reform. In 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution, and soon other senators called for reform.

In 1912, 239 political parties at both the state and national levels had pledged some form of direct election, and 33 states had introduced the use of direct primaries. Twenty-seven states had called for a constitutional convention on the subject, with 31 states needed to reach the threshold. By 1912, as many as 29 states elected U.S. 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.

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The 17th Amendment

The push for the 17th Amendment began in the late 19th and early 20th centuries, with growing public concern about corruption in Senate elections. In 1911, Senator Joseph L. Bristow of Kansas proposed a resolution to amend the Constitution, and the House of Representatives passed House Joint Resolution 39, calling for a constitutional amendment for the direct election of senators.

By 1912, the movement had gained significant momentum, with 29 states electing senators through popular vote or state primaries. That same year, Congress passed the 17th Amendment, and it was ratified by the required three-quarters of state legislatures on April 8, 1913. The first popular Senate elections were held in 1914, marking a significant shift in the way Americans selected their representatives.

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Direct election

The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the direct election of United States senators by the voting public in each state. The amendment was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, after being ratified by three-quarters (36) of the state legislatures. The first popular Senate elections were held in 1914.

The Seventeenth Amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, which provided for the election of senators by state legislatures. This system of "direct election" was not what the framers of the U.S. Constitution had in mind when they met at the Constitutional Convention in 1787. James Madison, one of the primary authors of the Constitution, asserted that having state legislatures choose their senators would help give the states a sense of authority and legitimacy in selecting representatives for the federal government.

However, supporters of direct election believed that it would allow senators to make decisions based on the demands of the constituents who elected them, rather than the state legislatures that may have had ties to special interests. Before the Seventeenth Amendment, numerous deadlocks occurred among state legislators over Senate elections, leaving some Senate seats vacant for extended periods. In the late 19th and early 20th centuries, electoral deadlocks and growing public concern about corruption in Senate elections led to calls for reform.

The Seventeenth Amendment also alters the procedure for filling Senate vacancies. It allows state legislatures to empower their governors to make temporary appointments until a special election can be held to fill the vacancy. This provision ensures that Senate seats remain occupied, even when unexpected vacancies arise.

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State sovereignty

However, over time, this system led to concerns about state sovereignty. In the late 19th and early 20th centuries, electoral deadlocks in state legislatures and growing public concern about corruption in Senate elections led to calls for reform. State sovereignty was impacted by these deadlocks, as legislative elections held in Senate election years became dominated by the business of picking senators, distracting the electorate from other pertinent issues.

The movement for reform was galvanized by a series of articles published in 1906 by novelist David Graham Phillips, which portrayed senators as pawns of industrialists and financiers. This, along with the 1912 Senate investigation of bribery and corruption in the election of Illinois Senator William Lorimer, fueled public support for a constitutional amendment mandating the direct election of senators by the people of each state.

The Seventeenth Amendment, ratified in 1913, addressed these concerns by providing for the direct election of senators. This amendment altered the process for electing senators and changed the way vacancies would be filled, allowing for more direct representation of the people in the Senate. However, it also shifted the dynamic between the states and the federal government, as senators now made decisions based on the demands of their constituents rather than the state legislatures.

While the Seventeenth Amendment strengthened the voice of the people in Senate elections, it also sparked debates about state sovereignty and the role of state legislatures in the electoral process. Some argued that returning to the original system of state legislature-appointed senators would guarantee the state loyalty of elected leaders. This ongoing dialogue highlights the complex nature of state sovereignty and the ongoing evolution of the United States' legislative system.

Frequently asked questions

Senators were chosen by state legislatures.

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 their representatives for the federal government.

The Seventeenth Amendment established the direct election of United States senators by the people of each state.

The Seventeenth Amendment was passed in 1912 and ratified in 1913.

Calls for a constitutional amendment regarding Senate elections started in the early 19th century. Disputes among state legislators over Senate elections resulted in numerous deadlocks, leaving Senate seats vacant for long periods. In 1911, Senator Joseph Bristow of Kansas offered a resolution to amend the Constitution, and soon other senators called for reform.

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