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seventeenth-amendment

Seventeenth Amendment

The Seventeenth Amendment to the United States Constitution, ratified on 8 April 1913, changed the method of selecting United States Senators from election by state legislatures to direct popular election by voters in each state. Prior to its ratification, Article I, Section 3 of the Constitution provided that senators would be chosen by state legislatures - a design the framers intended to give state governments a direct voice in the federal legislative process. The amendment also established procedures for filling vacancies in Senate seats, allowing state governors to make temporary appointments pending a special election. It is one of the four amendments ratified during the Progressive Era, alongside the Sixteenth, Eighteenth, and Nineteenth Amendments.

Background

The original system of legislative election of senators reflected the framers' conception of a bicameral legislature in which the House represented the people directly and the Senate represented the states as political units. By the late nineteenth century, critics argued that the legislative election system had become corrupted by political machines, railroad and corporate lobbying, and legislative deadlocks that sometimes left Senate seats vacant for extended periods. Supporters of reform argued that direct election would make senators more accountable to voters and reduce the influence of special interests. Opponents, then and since, have argued that the original design served a structural purpose - checking federal power by giving state governments institutional representation in Congress - and that the amendment fundamentally altered federalism by severing that link.

Effect on Federalism

The most substantive debate surrounding the Seventeenth Amendment concerns its effect on the federal-state balance of power. Under the original design, state legislatures had a direct mechanism to resist or shape federal legislation by instructing or replacing their senators. Scholars and commentators who view the amendment critically argue that its passage removed a structural check on federal expansion and contributed to the centralizing trend of twentieth-century government. Defenders of the amendment argue that the original system had failed in practice, that legislative corruption had already undermined the states' institutional role, and that democratic legitimacy is better secured through direct popular accountability. The question of whether the amendment should be repealed or revised has recurred in constitutional commentary and, intermittently, in legislative proposals.

Ratification and the Progressive Era

The push for direct election of senators developed over several decades before ratification. By the early twentieth century, a number of states had implemented mechanisms - such as the “Oregon System” - that effectively allowed popular primaries to bind legislative votes, making de facto popular election common in many states before the formal amendment. Congress debated reform proposals repeatedly from the 1890s onward; the House passed direct election resolutions multiple times before the Senate concurred. The amendment was ratified by the requisite three-fourths of states within eleven months of congressional passage. See Seventeenth Amendment - History for a full account.

Viewpoints

  • Repeal or reform should be considered: A subset of federalism advocates, including some members of Congress over the decades since ratification, have argued that the amendment should be repealed or modified to restore some form of state legislative role in Senate selection. See Viewpoint: The Seventeenth Amendment Should Be Repealed-viewpoint.

Footnotes

  1. U.S. Const. amend. XVII (ratified 8 April 1913).
  2. U.S. Const. art. I, § 3, cls. 1-2 (original text, superseded in part).
  3. Rossum, Ralph A. Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy. Lexington Books, 2001.
  4. Zywicki, Todd J. “Beyond the Shell and Husk of History: The History of the Seventeenth Amendment and Its Implications for Current Reform Proposals.” Cleveland State Law Review 45 (1997): 165-234.
  5. Haynes, George H. The Senate of the United States: Its History and Practice. Houghton Mifflin, 1938.
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