The 17th Amendment was ratified on April 8, 1913.
The Framers of the Constitution created a bicameral legislative branch with powers given to both a Senate and a House of Representatives. The House of Representatives is made up of 435 members elected to two-year terms, with districts drawn up proportionally based on population. Every state gets two senators, regardless of the state’s size or population, elected to six-year terms. Many Americans would be surprised to learn that before 1913, the people did not elect senators directly. Instead, they were elected by their respective state legislatures.
The Framers created a system of three branches – the legislative, executive, and judicial, each with its own enumerated powers. The challenge was creating a system of government that limited the power of the federal government while at the same time not making it so weak as to be ineffective. To help accomplish this, the Framers wanted the federal government to have constant input from the states. The House of Representatives was to be the voice of the people, thus the representatives were chosen directly by the people, while the Senate was to be the voice of the states. By having senators elected by their state legislatures rather than directly by the people, it was argued senators would be more responsive to their state’s needs. The Framers believed the Senate would act as a check on federal power.
The process of selecting senators worked well until the 1860s. The states did not have a uniform process for electing senators, and several states had contentious debates, leading some Senate seats to go vacant for long periods of time. Congress passed a law in 1866 to bring uniformity to how and when each state elected senators. However, problems continued as bribery and corruption became issues in some states during the election process.
In the 1890s and into the turn of the century, many states began to implement various forms of the direct election of senators. Oregon and Nebraska were two states leading the trend toward direct elections by the people. By 1912, twenty-nine states had some form of direct election of senators by having voters elect nominees in their party’s primary or general election. However, the final outcome was still decided by the members of their state legislatures.
A movement towards a constitutional amendment gained momentum in 1911. There are two methods to pass a constitutional amendment. The first, and still the only method used to pass any amendment in American history, is for a two-thirds vote by both chambers of Congress followed by ratification by three-fourths of the states. A second method is known as an Article V Convention, where two-thirds of the states can agree to meet to propose constitutional amendments. Any amendment that a majority of the states proposed at such a convention would still require three-fourths of all the states to vote for its ratification.
The constitutional amendment for the direct election of senators passed the House of Representatives and the Senate in large part because so many senators were nominated through the direct election process, unlike in prior years. Connecticut gave the amendment the required three-fourths majority that the Constitution requires and the direct election of senators was added to the Constitution in 1913.
Today, there is some discussion about repealing the 17th Amendment to give the election of senators back to state legislatures. The arguments now are the same as during the original Constitutional Convention. Senators voted for by state legislatures would be more accountable to the states and thus more likely to act in the state’s interest rather than the federal government’s interests. This would act as a check on federal power, especially for federal spending and expansion. Senate elections have become national, rather than regional, a concept the Framers explicitly rejected. Ultimately, another constitutional amendment would have to be passed to accomplish this.
The current text of the 17th Amendment reads as follows:
AMENDMENT XVII
Passed by Congress on May 13, 1912. Ratified April 8, 1913.
Note: The 17th amendment modified Article 1, Section 3, of the Constitution.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Footnote: 1913 also saw the ratification of the 16th Amendment, which established a federal income tax, and the creation of the Federal Reserve, a consequential change to the U.S. monetary system.
How were STATE SENATORS selected prior to the 1960s? Analogous to the original US Constitution (prior to 17th Amendment), they should have been appointed by the county boards of supervisors or commissioners. However, the New Jersey State Constitution of 1844 stipulated that State Senators were elected, one per county, through election by the residents of such county. How were State Senators selected in other states, prior to the 1960s?
Under Article IV Section 4 of the U.S. Constitution, each state must have a republican form of government, meaning the people must elect state representatives/senators. This is independent of the 17th Amendment, which only applies at the federal level.