Popular Election of Senators

Arguing that the differences between state and federal constitutions can effect federal constitutional change. Pointing to the Seventeenth Amendment, among others, and arguing that its intent is to broaden access to the franchise, make federal offices less entrenched, and make succession procedures attentive to the electorate. Arguing that the story of the Seventeenth Amendment is primarily one about state-level innovation, which began in the mid-1800s.

Noting that little is known about the Seventeenth Amendment’s enactment. Offering a theory as to why state legislatures wanted to give away their power to choose senators, and why federalism was not discussed during debates over the Amendment. Contending that the rise of national political parties was partially responsible for the shift to direct elections. Discussing the debates over the Seventeenth Amendment, as well as the Founders’ notions of Senatorial Appointment.

Providing a comprehensive interpretation of the Amendment based on its text, history, decisions, congressional debates, and social and political factors underlying it. Arguing that the Amendment promoted the value of popular elections above all others, but that states have been defying it by not complying with the Vacancies Clause.

Arguing that the Seventeenth Amendment altered our structure of government against what the Framers intended, eroding many of its original federalist protections. Analyzing the debates over the Amendment, with a focus on its purpose and discussing the importance of the pre-Seventeenth Amendment method of electing senators.

Arguing that the Seventeenth Amendment improperly altered the constitutional design by taking the right to elect Senators from the legislature and vesting it in the voters at large. Providing the historical background and a discussion of the legislative history of the Amendment. Discussing the adverse effects of the Amendment, including a decline in state sovereignty and an increase in interest group power.

Discussing the adverse relationships between state legislatures and federal courts caused by the Seventeenth Amendment. Discussing the Founders’ views on the original constitutional design, which allowed state legislatures to elect senators.

Arguing that an amendment providing for the direct election of senators would complement the Seventeenth Amendment. Discussing the historical events prior to ratification of the Seventeenth Amendment, including widespread worry over corruption and deadlock in state legislatures. Citing the debates over the Amendment and a few early cases interpreting it. Also cataloguing opposing views to the Amendment.

Examining the history and consequences of the Seventeenth Amendment. Arguing that an understanding of the full institutional role played by the Senate in the original constitutional structure is lacking. Seeking to analyze all of the contextual forces leading to the passage of the Seventeenth Amendment in 1913, beyond face-value conventional rationales.

Examining “the previously ignored forces of self-interest that lay behind the ratification of the Seventeenth Amendment.” Arguing that the Amendment eliminated barriers restraining interest groups’ use of the federal government. Also contending that the interest-group explanation (derived from public-choice theory) of the Amendment explains its passage.

Discussing one of the only cases to interpret and apply the Seventeenth Amendment–Trinsey v. Pennsylvania. Analyzing the decision and also what it did not say about the Amendment but could have.