17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)
Passed by Congress on May 13, 1912, and ratified on April 8, 1913, the 17th Amendment modified Article I, Section 3, of the Constitution by allowing voters to cast direct votes for U.S. senators. Prior to its passage, senators were chosen by state legislatures.
The Constitution, as it was adopted in 1788, made the Senate an assembly where the states would have equal representation. Each state legislature would elect two senators to six-year terms. Late in the 19th century, some state legislatures deadlocked over the election of a senator when different parties controlled different houses — Senate vacancies could last months or years. In other cases, special interests or political machines gained control over the state legislature. Progressive reformers dismissed individuals elected by such legislatures as puppets and the Senate as a "millionaires' club" serving powerful private interests.
One Progressive response to these concerns was the "Oregon system," which utilized a state primary election to identify the voters' choice for senator while pledging all candidates for the state legislature to honor the primary's result. Over half of the states adopted the "Oregon system," but the 1912 Senate investigation of bribery and corruption in the election of Illinois Senator William Lorimer indicated that only a constitutional amendment mandating the direct election of senators by a state's citizenry would satisfy public demands for reform.
In 1910 and 1911, the House passed proposed amendments for the direct election of senators. This would be done by vesting complete control of Senate elections in state governments. They included, however, a "race rider" meant to bar federal intervention in cases of racial discrimination among voters. Supporters of the clause claimed that it guaranteed state sovereignty, while opponents saw it as a workaround to override the will of Black Americans who had the right to vote as conferred by the 15th Amendment.
A substitute amendment by Senator Joseph L. Bristow of Kansas provided for the direct election of senators without the "race rider." The Senate adopted the amended joint resolution on a close vote in May 1911. Over a year later, the House accepted the change, and on April 8, 1913, the resolution became the 17th amendment.