AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

As per usual let’s look at the part of the Constitution that was modified by this amendment. Bold text are specific sections modified by the amendment.

“The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Article 1. Section 3. Of the constitution is about how U.S. Senators are chosen, their term limits, the qualifications necessary to be a U.S. Senator, powers of the Senate, and how officers of the Senate are chosen.

In regards to the sections that were modified by the 17th amendment the first has to do with the choosing of Senators. Originally U.S. Senators were chosen by the legislature of their state instead of being chosen by vote of the population of the State the way Representatives of the House are chosen.

The second part of Article 1 Section 3 changed by this amendment had to do with the filling of vacancies that arise during a Senators term. If a seat was to be vacated during the term of the Senator and the legislature of the State was not in session the executive branch of the State could choose a new person to fill the seat until the term ended and the legislature could choose a new person to fill the seat.

Amendment 17 reads:

“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.”

The original way of choosing Senators was done for an important reason, it was a part of the checks and balances that were designed into the constitution. The Senate was to be a balance to the House, the House was supposed to represent the people hence the term Representative whereas the Senate was to represent the interests of the State which is why there are an equal number of Senators from every state. With the passage of the 17th Amendment Senators were no longer chosen by the legislatures of the State but instead voted on by the populous like the Representatives in the House.

This is in my opinion one of the most devastating changes to the Constitution that happened over the years for the reason that by making the Senators chosen by the populous they are much harder to recall. When they were chosen by the legislature of the State they could be recalled or replaced easily without the need to get signatures and try to force a special recall election (which not all states allow). As a person in the State you could just talk with your state legislature if the person was not doing a good job and the legislature agreed (or got tired of hearing from you) they could simply remove him.

In addition to making it harder to recall a Senator the States lost power relative to the Federal Government. By moving the choosing of Senators from the State to the people of the State, the States have less influence on the Senators and the Senators are more open to various special interest groups. Since Senators have to run campaigns and collect monies to be elected and re-elected they may feel compelled to cater to those groups providing large donations rather than the needs of the State. Since both houses of Congress are now elected by the populous they both have the same potential flaws.

The second change that the 17th amendment provided to Article 1 is mostly a housekeeping provision. Since the Senators would no longer be chosen by the legislature of the State they would not need to worry about the legislature not being in session if a vacancy came open during the Senators term and the executive branch of the State was no longer directly empowered by the U.S. Constitution to simply appoint a temp Senator. Instead they would now have to call a special election or the legislature of the state could enact a new State law to return the power of temporary appointment to the executive branch of the state.