Jonah Patel
The Seventeenth Amendment to the US Constitution, passed in 1912 and ratified in 1913, established the direct election of senators by the people of each state. This amendment also provided a means of filling vacant Senate seats. If a vacancy occurs due to a senator's death, resignation, or expulsion, the Seventeenth Amendment allows state legislatures to authorize the governor to appoint a temporary replacement to complete the term or hold office until a special election can take place. This process ensures that states are represented in the Senate until an election can be held, maintaining the state's ties to the national government. There are variations in how states handle these vacancies, with some requiring special elections and others mandating that the appointed senator be from the same political party as the previous incumbent.
| Characteristics | Values |
|---|---|
| Who can appoint a senator? | The governor of the state |
| Who does the governor select? | From a list of three candidates provided by the party of the previous senator |
| Who can empower the governor to appoint a senator? | State legislatures |
| When can the governor appoint a senator? | When there is a vacancy due to a senator's death, resignation, or expulsion |
| Who fills the vacancy until the next election? | The appointed senator serves until a new senator is elected and qualified |
| Who decides when to hold a special election? | The laws of the individual states |
| Who must the appointed senator be from? | The same political party as the senator who vacated the seat |
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What You'll Learn
The Seventeenth Amendment
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 complete on March 4, 1919, when the senators chosen in the November 1918 election took office.
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State legislatures' power
The US Constitution originally gave state legislatures the power to appoint a replacement senator in the case of a vacancy. Article I, Section 3 of the Constitution outlines that if the state legislature is in session at the time of the vacancy, they can appoint a replacement senator. If the legislature is not in session, the state governor steps in to appoint a replacement until the legislature is able to fill the vacancy.
The Seventeenth Amendment, passed in 1912 and ratified in 1913, changed this process. It ushered in the era of direct election of senators by the people of each state. This amendment allows state legislatures to empower the governor to appoint a replacement senator in the case of a vacancy, to serve until a special election can take place. The appointed senator serves until a new senator is elected and qualified, meaning they have been administered the oath of office.
The decision to hold a special election to fill the remainder of the term is determined by the laws of individual states. Some states do require a special election to fill a vacancy, and some mandate that the governor must appoint a replacement from the same political party as the previous incumbent. The governor typically selects from a list of three candidates provided by the party of the previous senator.
The power to appoint senators, either directly by the state legislature or by empowering the governor to do so, is a significant tool for state legislatures to ensure their interests are represented in the Senate.
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Governors' appointments
The U.S. Constitution originally gave state legislatures the power to appoint senators. In the late 19th and early 20th centuries, electoral deadlocks and concerns about corruption led to calls for reform. This resulted in the Seventeenth Amendment, which was passed by Congress in 1912 and ratified in 1913. The amendment provided for the direct election of senators by the people of each state, allowing them to fill vacant Senate seats.
The Seventeenth Amendment also addressed the role of governors in appointing senators. If a vacancy occurs due to a senator's death, resignation, or expulsion, the amendment allows state legislatures to empower the governor to appoint a temporary replacement. This replacement serves until a special election can be held, with the specific process varying depending on the state and the timing of the vacancy.
In some states, the governor must appoint a replacement from the same political party as the previous incumbent. The governor typically selects from a list of candidates provided by the previous senator's party. Once the special election is held, the winner serves out the remainder of the term.
It's important to note that not all states follow the same process. Some states, for example, require a special election to fill a vacancy, bypassing the gubernatorial appointment process. The specific laws and requirements for filling Senate vacancies are determined by each individual state.
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Special elections
The US Constitution originally gave state legislatures the power to appoint senators. In the late 19th and early 20th centuries, electoral deadlocks and concerns about corruption led to calls for reform. The Seventeenth Amendment, passed in 1912 and ratified in 1913, established the direct election of senators by the people of each state. This amendment also provided a means of filling vacant Senate seats.
If a Senate vacancy occurs due to a senator's death, resignation, or expulsion, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a temporary replacement. This appointed senator serves until a special election takes place, coinciding with the next regularly scheduled election, to replace the appointee. The winner of this special election will serve the remainder of the term.
There are some exceptions to this process. Some states require a special election to fill a Senate vacancy without an appointed replacement. A few states mandate that the governor's appointee must be from the same political party as the previous incumbent. The laws of individual states determine when or if a special election will occur.
The process of filling Senate vacancies typically involves the governor making the appointment by selecting from a list of candidates provided by the previous senator's party. This ensures that the political affiliation of the appointed senator aligns with that of their predecessor.
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Political party of appointee
The 17th Amendment to the US Constitution, ratified in 1913, established the direct election of senators by the people of each state. This amendment also provided a means of filling vacant Senate seats. If a senator's seat becomes vacant due to death, resignation, or expulsion, the 17th Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or hold office until a special election.
The political party of the appointee is an important consideration in filling Senate vacancies. In some states, the law requires that the appointed senator be from the same political party as the previous incumbent. The governor typically selects the appointee from a list of candidates provided by the party of the previous senator. This ensures that the political balance in the Senate remains unchanged until the people can elect a new senator.
However, not all states have the same requirements. Some states mandate a special election to fill a Senate vacancy, allowing the people to directly choose their new representative. In these cases, the governor may appoint a temporary replacement, regardless of their political affiliation, to serve until the special election is held.
It's worth noting that the decision-making process and specific rules regarding Senate vacancies vary across states. While some states require the appointed senator to be from the same party, others have different procedures in place to ensure fair and balanced representation. The laws of each state dictate when and if a special election will be held to fill the remainder of the term.
The process of appointing senators has evolved over time. Before the 17th Amendment, state legislatures elected senators, aiming to strengthen the states' ties to the national government and insulate senators from shifting public opinion. However, electoral deadlocks and concerns about corruption led to calls for reform, resulting in the direct election of senators by popular vote.
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Frequently asked questions
The Seventeenth Amendment to the US Constitution allows state legislatures to empower the governor to appoint a replacement senator until a special election can take place. This amendment was passed in 1912 and ratified in 1913.
The appointed senator must belong to the same political party as the senator who vacated the seat. The governor makes the appointment by selecting from a list of three candidates provided by the party of the previous senator.
The appointed senator serves until a new senator is elected and "qualified". 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 each state.
Senators are normally elected directly by the people of each state. However, the original US Constitution gave state legislatures the power to elect senators, with only one-third of the Senate standing for election every two years.
