2022 Exhibit
The Seventeenth Amendment and the U.S. Senate
Almost nobody alive in the United States today was alive when the Senate was chosen by state legislatures, but there has been occasional movement to restore this power to state legislatures. Before the 1914 election, all Senators had been selected by the legislatures of the individual states. At the time, this change was designed to make Senators more responsive to the people. But it hasn't been without controversy.
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.
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.
Controversy and Change
Some people in this century have called for reform or repeal of the amendment.
- After the departure of four sitting Democratic Senators in 2009 under the Obama administration, controversies developed around several Senatorial appointments. In the aftermath, a reform movement proposed replacing the appointment power in the amendment. New York Times: New Idea on Capitol Hill: To Join Senate, Get Votes
- In 2009, a Senate Joint Resolution was proposed to remove the ability of governors to appoint Senators directly. S.J.Res.7 — 111th Congress (2009-2010)
- The Tea Party movement had a number of members arguing for the repeal of the amendment. New York Times: So You Still Want to Choose Your Senator?
- In 2016, The Utah Legislature passed a Joint Resolution calling for repeal.Utah Legislature Joint Resolution Calling for the Repeal of the 17th Amendment
- As recently as 2020, a sitting US Senator called for the repeal. National Review: Ben Sasse Calls for Repealing 17th Amendment, Eliminating Popular-Vote Senate Elections
Comparative Maps
What Would Change
If the amendment was repealed and this power was turned over to state legislatures, the composition of the Senate would change dramatically. The current Senate is balanced 50/50 by party, but control of state legislatures is far more lopsided politically. Switching the methodology would have a 64 to 36 party split, a massive shift in power.
Current Senate Map
Current State Legislature Control
Maps courtesy of 270 to win