Amendment XVII · Progressive Era Amendment
Seventeenth Amendment: Direct election of senators
About 10 min total: 5 min reading + 5 min for its 6 practice questions
Senators are elected directly by the people of each state.
- Proposed by Congress
- May 13, 1912
- Ratified
- April 8, 1913
- Group
- Progressive Era Amendment
- Effect on the Constitution
- Modified Article I, Section 3.
The text
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.
National Archives note: Article I, section 3, of the Constitution was modified by the 17th amendment.
What it means
- The people of each state elect their two senators directly.
- Governors may make temporary appointments to fill vacancies if the state legislature allows it, until a special election.
Who proposed it
After years of House-passed proposals stalled in the Senate, the Senate passed it on June 12, 1911, using a version offered by Senator Joseph L. Bristow of Kansas that kept federal power over Senate elections. The House agreed on May 13, 1912. Progressives and a campaign by state legislatures calling for a convention pushed it.
When it was proposed and ratified
- Proposed by Congress: May 13, 1912. Senate June 12, 1911; House May 13, 1912.
- Ratified: April 8, 1913. Connecticut was the 36th of 48 states.
Amendments are not signed into law. Congress proposes them by a two-thirds vote of both houses, and they become part of the Constitution when three-fourths of the states ratify. The President has no formal role (Article V).
Why it was made
Article I had state legislatures choose senators. That led to deadlocks that left seats empty for months, and to charges of bribery and corruption in legislatures. Progressive Era reformers wanted senators answerable directly to voters, and many states had already adopted primaries to let voters effectively choose them.
Key Supreme Court cases
None of the FCLE landmark cases centers on this amendment. See all landmark cases.
FCLE tips
- Before 1913, state legislatures chose senators.
| This | With this |
|---|---|
| 17th: people elect senators | Electoral College still chooses the President |
Sources: National Archives (text and dates); Constitution Annotated (Congress.gov) (proposal and ratification history); U.S. Senate Historical Office and Library of Congress (sponsors).