Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

the 17th Amendment
Constitution of the United States, via FindLaw et al ^ | ratified by the states April 8, 1913 | The Framers et al

Posted on 06/11/2009 5:33:16 PM PDT by SunkenCiv


Clause 1. 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.

Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each 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.

Clause 3. 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.

(Excerpt) Read more at caselaw.lp.findlaw.com ...


TOPICS: History; Travel
KEYWORDS: 17thamendment; godsgravesglyphs; seventeenthamendment

passed by the Senate on June 12, 1911, the House of Representatives on May 13, 1912, and ratified by the states on April 8, 1913
FindLaw's commentary: The ratification of this Amendment was the outcome of increasing popular dissatisfaction with the operation of the originally established method of electing Senators. As the franchise became exercisable by greater numbers of people, the belief became widespread that Senators ought to be popularly elected in the same manner as Representatives. Acceptance of this idea was fostered by the mounting accumulation of evidence of the practical disadvantages and malpractices attendant upon legislative selection, such as deadlocks within legislatures resulting in vacancies remaining unfilled for substantial intervals, the influencing of legislative selection by corrupt political organizations and special interest groups through purchase of legislative seats, and the neglect of duties by legislators as a consequence of protracted electoral contests. Prior to ratification, however, many States had perfected arrangements calculated to afford the voters more effective control over the selection of Senators. State laws were amended so as to enable voters participating in primary elections to designate their preference for one of several party candidates for a senatorial seat, and nominations unofficially effected thereby were transmitted to the legislature. Although their action rested upon no stronger foundation that common understanding, the legislatures generally elected the winning candidate of the majority, and, indeed, in two States, candidates for legislative seats were required to promise to support, without regard to party ties, the senatorial candidate polling the most votes. As a result of such developments, at least 29 States by 1912, one year before ratification, were nominating Senators on a popular basis, and, as a consequence, the constitutional discretion of the legislatures had been reduced to little more than that retained by presidential electors.

Very shortly after ratification it was established that if a person possessed the qualifications requisite for voting for a Senator, his right to vote for such an officer was not derived merely from the constitution and laws of the State in which they are chosen but had its foundation in the Constitution of the United States. Consistent with this view, federal courts declared that when local party authorities, acting pursuant to regulations prescribed by a party's state executive committee, refused to permit an African American, on account of his race, to vote in a primary to select candidates for the office of U.S. Senator, they deprived him of a right secured to him by the Constitution and laws, in violation of this Amendment. An Illinois statute, on the other hand, which required that a petition to form, and to nominate candidates for, a new political party be signed by at least 25,000 voters from at least 50 counties was held not to impair any right under the Seventeenth Amendment, notwithstanding that 52 percent of the State's voters were residents of one county, 87 percent were residents of 49 counties, and only 13 percent resided in the 53 least populous counties.
1 posted on 06/11/2009 5:33:16 PM PDT by SunkenCiv
[ Post Reply | Private Reply | View Replies]

To: StayAt HomeMother; Ernest_at_the_Beach; 1ofmanyfree; 21twelve; 24Karet; 2ndDivisionVet; 31R1O; ...

· join list or digest · view topics · view or post blog · bookmark · post a topic ·

 
Gods
Graves
Glyphs
To all -- please ping me to other topics which are appropriate for the GGG list.
GGG managers are SunkenCiv, StayAt HomeMother, and Ernest_at_the_Beach
 

·Dogpile · Archaeologica · ArchaeoBlog · Archaeology · Biblical Archaeology Society ·
· Discover · Nat Geographic · Texas AM Anthro News · Yahoo Anthro & Archaeo · Google ·
· The Archaeology Channel · Excerpt, or Link only? · cgk's list of ping lists ·


2 posted on 06/11/2009 5:34:08 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 1 | View Replies]

To: StayAt HomeMother; Ernest_at_the_Beach; 1ofmanyfree; 21twelve; 24Karet; 2ndDivisionVet; 31R1O; ...

· join list or digest · view topics · view or post blog · bookmark · post a topic ·

 
Gods
Graves
Glyphs
To all -- please ping me to other topics which are appropriate for the GGG list.
GGG managers are SunkenCiv, StayAt HomeMother, and Ernest_at_the_Beach
 

·Dogpile · Archaeologica · ArchaeoBlog · Archaeology · Biblical Archaeology Society ·
· Discover · Nat Geographic · Texas AM Anthro News · Yahoo Anthro & Archaeo · Google ·
· The Archaeology Channel · Excerpt, or Link only? · cgk's list of ping lists ·


3 posted on 06/11/2009 5:34:27 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 1 | View Replies]

Whoops.


4 posted on 06/11/2009 6:18:55 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SunkenCiv

Yup, that’s one of the Amendments that broke the government. In fact, both of the 1913 Amendments were among the worst.


5 posted on 06/11/2009 6:37:33 PM PDT by Question_Assumptions
[ Post Reply | Private Reply | To 1 | View Replies]

To: SunkenCiv

One of the worst amendments. Turned the Senate into an at-large congressional district.


6 posted on 06/11/2009 7:23:17 PM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perdogg; Question_Assumptions

Thanks!


7 posted on 06/11/2009 7:45:48 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson