Seventeenth Amendment to the Constitution of the United States provides for the direct election of senators. It gave a state’s voters the power to elect candidates to the U.S. Senate . The amendment was proposed on May 13, 1912, and ratified (approved) on April 8, 1913. Prior to the amendment’s ratification, the power to elect U.S. senators was reserved to state legislatures .
The amendment
has three sections. Section 1 of the amendment states, “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.”
Section 2 states, “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.”
Section 3 states, “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.”
History.
Under Article I, Section 3, Clauses 1 and 2 of the original Constitution, U.S. senators were to be chosen by state legislators. This process contrasted with that for selecting members of the House of Representatives , who were always to be chosen by popular vote. The original method for selecting senators was designed to protect the sovereignty (authority) of the states, and it was supported by the Anti-Federalists —as the early opponents of a strong national government came to be known. The framers of the Constitution viewed the Senate as similar to the British House of Lords , the upper house of Parliament . They believed that the six-year terms of senators would provide stability that was lacking in the House of Representatives, where members served two-year terms.
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The 17th Amendment was designed to make the Senate more directly responsive to the people. Supporters of the amendment argued that it would reduce corruption and political infighting. Today, some critics argue that the 17th Amendment should be repealed because it reduces the influence of state governments on Congress, thus making members of Congress less likely to protect state sovereignty.
Section 2 of the 17th Amendment provides that state governors can make temporary appointments to fill Senate vacancies until a special election can be held. State legislatures establish the procedures for special elections. Section 2 is not entirely clear about the extent to which state legislatures can limit executive authority to make temporary appointments. As a result, there have at times been lawsuits over the limitations of such authority.
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