For the first 125 years of the United States, voters did not elect their U-S senators. As adopted in 1788, the Constitution stated that senators would be elected instead by the state legislatures. Allowing the legislatures to elect senators was intended to reassure states’ rights advocates that there was a check on the power of the national government. Avoiding a popular election was also seen as a way to provide balance in Congress, offsetting the populism of the House of Representatives.
On this date in 1909, the state legislature of North Dakota met to elect a United States Senator. Each chamber met separately. In both houses, the Republicans voted unanimously for M. N. Johnson to succeed Senator Hansbrough. The Democrats backed John Cashel, but were outvoted.
The full legislature was scheduled to meet in a joint session the following day to finalize the vote. Johnson received 124 votes while Cashell garnered 13. The election of a senator was sometimes the cause of resentful and vindictive arguments. However, Johnson’s election was described as “dignified,” without any disturbance to the regular business.
Problems with the system became evident over the years. State legislatures were sometimes deadlocked, and Senate vacancies could last for months. In addition, the public sometimes viewed senators as political puppets, with political organizations having control. Therefore, there was motivation for making the Senate more directly accountable to voters. The House of Representatives repeatedly passed proposals for a constitutional amendment authorizing the direct election of senators, but the Senate kept refusing to take a vote.
States began demanding a change, and as support for a constitutional convention grew, Congress finally acted. It still took over a year, but the amendment was finally sent to the states. Once three-quarters of the states ratified the proposed amendment, direct election of senators was officially included as the 17th Amendment on April 8th, 1913.
Dakota Datebook by Carole Butcher
Sources:
- Evening Times. “M.N. Johnson Elected United States Senator by North Dakota State Legislature.” Grand Forks ND. 1/19/1909. Page 1.
- Ward County Independent. “Special Bismarck Correspondence.” Minot ND. 1/21/1909. Page 12.
- Washburn Leader. “Friday, Jan. 22, 1909.” Washburn ND. 1/22/1909. Page 4.
- Dickinson Press. “Legislative News.” Dickinson ND. 1/23/1909. Page 4.
- National Archives. “17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators.” https://www.archives.gov/legislative/features/17th-amendment Accessed 12/6/2023.
