Simone Lawson
The United States Constitution has been amended multiple times since its ratification, with the Seventeenth Amendment addressing the election of senators. This amendment, ratified in 1913, changed the process of electing senators from state legislatures to direct election by the voting public. The amendment also addressed how vacancies would be filled, allowing governors to appoint temporary officials until a special election could be held. While some critics argued that the reform threatened states' rights and independence, others supported it as a way to adapt the legislative system to rapid changes and address issues of corruption and deadlock in state legislatures. The Seventeenth Amendment demonstrates that changing the process of electing senators requires a constitutional amendment, indicating that any proposal to increase the number of senators would likely necessitate a similar amendment to the Constitution.
| Characteristics | Values |
|---|---|
| Amendment Number | 17 |
| Amendment Name | Seventeenth Amendment |
| Date of Ratification | April 8, 1913 |
| Changes | Voters elect senators directly; State governors can appoint temporary officials to vacant senate seats until a special election is held |
| Supporters | Senator Joseph Bristow of Kansas; Senator William Borah of Idaho; Henry R. and other senators; William Jennings Bryan |
| Opponents | Elihu Root; George Frisbie Hoar |
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What You'll Learn
The Seventeenth Amendment
Prior to the Seventeenth Amendment, there were concerns about corruption and wealth influencing the selection of senators by state legislatures. Disputes among legislators over Senate elections resulted in deadlocks, leaving some Senate seats vacant for extended periods. The amendment addressed these issues by allowing for direct election of senators by the voting public.
The amendment faced legal disputes in recent times, with some senators and analysts advocating for its repeal to ensure state loyalty of elected leaders. However, it is important to note that the amendment was designed to adapt the legislative system to the rapid changes of the time.
In terms of adding more senators, Congressman Sean Casten has introduced legislation to increase the size of the Senate. This proposal includes establishing 12 at-large senators elected through a nationwide system of ranked-choice voting. Any amendment to the Constitution must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment becomes valid when ratified by three-fourths of the states (38 out of 50).
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Direct election of senators
The Seventeenth Amendment to the United States Constitution established the direct election of senators by the voting public. It overrides the previous Constitution's provisions, which allowed state legislatures to choose senators for a six-year term.
The direct election of senators was a long-debated reform, with calls for a constitutional amendment dating back to the early 19th century. The reform was strongly supported in the House of Representatives but initially opposed by the Senate. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election. In 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution, and soon other senators called for reform. The final version of the proposed amendment was produced in 1912, and it was ratified on April 8, 1913, after receiving approval from three-fourths of state legislatures.
The Seventeenth Amendment altered the process for electing senators and changed how vacancies would be filled. It allows state governors to appoint temporary officials to hold vacant Senate seats until a special election can be conducted. This amendment dramatically impacted the political composition of the U.S. Senate, as it gave more power to the voters and reduced the influence of state legislatures.
Some historians argue that the Seventeenth Amendment allowed senators to make decisions based on the demands of their constituents rather than the state legislatures. However, there have been legal disputes over the amendment, and some senators and political analysts have advocated for its repeal, arguing that state legislatures would guarantee the state loyalty of elected leaders.
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State legislature appointments
From its inception in 1789 until 1913, senators were appointed by their respective state legislatures. The election of delegates to the Constitutional Convention established the precedent for state selection. The framers of the Constitution believed that state legislatures would elect senators to cement their tie with the national government, increasing the chances of ratifying the Constitution. They also expected that senators elected by state legislatures would be able to focus on their work without pressure from the populace.
However, this process ran into difficulties in the mid-1850s, with growing hostilities in various states resulting in vacant Senate seats. For example, Indiana's Senate seat was vacant for two years due to conflict between Democrats in the southern half of the state and the emerging Republican Party in the northern half. This marked the beginning of many contentious battles in state legislatures, reflecting increasing tensions over slavery and states' rights that led to the Civil War.
After the Civil War, problems in senatorial elections by state legislatures multiplied. Cases of intimidation, bribery, and intrastate political struggles were common, gradually leading to a movement to amend the Constitution to allow for the direct election of senators. In 1899, problems in electing a senator in Delaware were so severe that the state legislature did not send a senator to Washington for four years.
Congress passed a law in 1866 regulating how and when senators were elected in each state, marking the first change in the process. While this helped, it did not entirely solve the problem, and deadlocks in some legislatures continued to cause long vacancies. Eventually, in 1913, the Seventeenth Amendment was ratified, providing for the election of senators by popular vote. This amendment restated the first paragraph of Article I, Section 3 of the Constitution, replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof."
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Reform and opposition
The Seventeenth Amendment, which was ratified on April 8, 1913, altered the process for electing senators, allowing for their direct election by the voting public. This amendment was the culmination of a reform movement that had been building since the early 19th century, with calls for a constitutional amendment regarding Senate elections. The amendment faced opposition from some senators and respected figures such as Elihu Root and George Frisbie Hoar, who argued that it threatened the rights and independence of the states. They believed that the states were "sovereign, entitled ... to have a separate branch of Congress ... to which they could send their ambassadors."
However, reformers argued that a change in the mode of election would not alter the senators' responsibilities. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and ten Republican senators who were opposed to reform were voted out of office. The election of 1910 also brought 14 new senators who had been elected through party primaries, reflecting the popular choice in their states.
The Seventeenth Amendment had a significant impact on the political composition of the Senate. It allowed senators to make decisions based on the demands of their constituents rather than state legislatures, which may have had ties to special interests. This shift in power dynamics led to a more democratic process, ensuring that each vote was represented equally.
Despite the amendment's positive impact, it has faced legal disputes and criticisms in recent times. In 1991, the U.S. Court of Appeals for the Third Circuit determined in Trinsey v. Pennsylvania that the amendment does not require primaries for special elections. More recently, in 2020, certain senators and political analysts advocated for a repeal of the Seventeenth Amendment, arguing that state legislatures would guarantee the state loyalty of elected leaders.
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Impact on political composition
The Seventeenth Amendment to the US Constitution, ratified on April 8, 1913, changed the way senators were elected, moving from state legislatures to direct election by the voting public. This had a significant impact on the political composition of the Senate.
Before the amendment, the election of senators was often mired in disputes and corruption. State legislatures would sometimes deadlock, leaving Senate seats vacant for extended periods. Wealthy and influential candidates could also bribe legislators to appoint them as senators. The Seventeenth Amendment addressed these issues by allowing the people to elect their senators directly.
The amendment also altered the political balance of power in the Senate. With direct elections, each vote is represented equally. In the 1916 Senate elections, for example, the Democrats retained control of the Senate by winning new seats in New Mexico, Utah, and Wyoming. This shift may not have occurred under the previous system, where malapportionment of state legislatures was common, giving more weight to rural counties and cities.
The amendment also changed the dynamics between the states and the federal government. Previously, having state legislatures choose their senators gave states a sense of authority and legitimacy in selecting their federal representatives. However, with direct elections, senators became more accountable to their constituents and could make decisions based on their demands rather than the interests of state legislatures.
While the Seventeenth Amendment brought about significant changes, some have argued for a return to the original system. In recent times, there have been controversies and legal disputes, with some senators and political analysts advocating for a repeal of the amendment to guarantee state loyalty among elected leaders.
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Frequently asked questions
The 17th Amendment, ratified on April 8, 1913, changed the process for electing senators by allowing for their direct election by the voting public.
The 17th Amendment was passed to address issues with the original system, where state legislatures chose senators. This led to corruption, electoral deadlocks, and domination by the business of electing senators, distracting the electorate from other issues.
Opponents argued that it threatened the rights and independence of states and that renowned senators may not have been elected under direct elections. They also argued that a constitutional amendment was pointless since many senators had experience in the House, which was already directly elected.
The 17th Amendment had a significant impact on the political composition of the US Senate. It allowed for more equal representation of votes, with each vote carrying the same weight, regardless of rural or urban origin.
Yes, the 17th Amendment has faced legal challenges, with some senators and analysts advocating for its repeal to guarantee state loyalty. There have also been disputes over the amendment's obligation to hold primaries for special elections.
