Amendment XVII
Senators Elected by Popular Vote
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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.
Ratified: April 8, 1913
The 17th Amendment, which required Senators be elected by the people, was proposed on May 13, 1912.
| # | State | Date | * |
|---|---|---|---|
| 1 | Massachusetts | May 22, 1912 | |
| 2 | Arizona | Jun 3, 1912 | |
| 3 | Minnesota | Jun 10, 1912 | |
| 4 | New York | Jan 15, 1913 | |
| 5 | Kansas | Jan 17, 1913 | |
| 6 | Oregon | Jan 23, 1913 | |
| 7 | North Carolina | Jan 25, 1913 | |
| 8 | California | Jan 28, 1913 | |
| 9 | Michigan | Jan 28, 1913 | |
| 10 | Iowa | Jan 30, 1913 | |
| 11 | Montana | Jan 30, 1913 | |
| 12 | Idaho | Jan 31, 1913 | |
| 13 | West Virginia | Feb 4, 1913 | |
| 14 | Colorado | Feb 5, 1913 | |
| 15 | Nevada | Feb 6, 1913 | |
| 16 | Texas | Feb 7, 1913 | |
| 17 | Washington | Feb 7, 1913 | |
| 18 | Wyoming | Feb 8, 1913 | |
| 19 | Arkansas | Feb 11, 1913 | |
| 20 | Maine | Feb 11, 1913 | |
| 21 | Illinois | Feb 13, 1913 | |
| 22 | North Dakota | Feb 14, 1913 | |
| 23 | Wisconsin | Feb 18, 1913 | |
| 24 | Indiana | Feb 19, 1913 | |
| 25 | New Hampshire | Feb 19, 1913 | |
| 26 | Vermont | Feb 19, 1913 | |
| 27 | South Dakota | Feb 19, 1913 | |
| 28 | Oklahoma | Feb 24, 1913 | |
| 29 | Ohio | Feb 25, 1913 | |
| 30 | Missouri | Mar 7, 1913 | |
| 31 | New Mexico | Mar 13, 1913 | |
| 32 | Nebraska | Mar 14, 1913 | |
| 33 | New Jersey | Mar 17, 1913 | |
| 34 | Tennessee | Apr 1, 1913 | |
| 35 | Pennsylvania | Apr 2, 1913 | |
| 36 | Connecticut | Apr 8, 1913 | * |
| 37 | Louisiana | Jun 11, 1914 | |
| Ratified in 330 days | |||
This amendment was specifically rejected by Utah on Feb 26, 1913.
History: One of the most common critiques of the constitutional framers is that the government that they created was, in many ways, undemocratic. There is little doubt of this, and it is so by design. The Electoral College, by which we choose our President, is one example. The appointment of judges is another. And the selection of Senators not by the people but by the state legislatures, is yet another. The Senatorial selection system eventually became fraught with problems, with consecutive state legislatures sending different Senators to Congress, forcing the Senate to work out who was the qualified candidate, or with the selection system being corrupted by bribery and corruption. In several states, the selection of Senators was left up to the people in referenda, where the legislature approved the people's choice and sent him or her to the Senate. Articles written by early 20th-century muckrakers also provided grist for the popular-election mill.
The 17th Amendment did away with all the ambiguity with a simple premise - the Senators would be chosen by the people, just as Representatives are. Of course, since the candidates now had to cater to hundreds of thousands, or millions, of people instead of just a few hundred, other issues, such as campaign finances, were introduced. The 17th is not a panacea, but it brings government closer to the people. The Amendment was passed by Congress on May 13, 1912, and was ratified on April 8, 1913 (330 days).
