When the U.S. Constitution was adopted in 1788, the framers faced a challenge: how to balance the representation of large states with fair treatment for smaller ones. They designed Congress to ensure fair representation for all states, regardless of size. The House of Representatives allotted seats based on population, giving larger states more representatives. To balance this, the Senate gave every state two senators, regardless of size.
Representatives were elected by voters, but Senators were chosen by state legislatures, meaning voters had no direct say. The framers believed that state political leaders would feel included in the federal system, which would ease concerns about a strong central government. Since voters elected their state legislators, they would indirectly have a say in Senate elections.
However, the system had issues. Senate vacancies could last for months while state legislatures argued over appointments. If political machines or special interests controlled state legislatures, the Senate could be influenced by these interests. Voters began to complain that the Senate had become a "millionaires’ club."
It became clear that the system wasn't working as intended. Over half the states introduced state primary elections, allowing voters to choose their senators, with candidates pledging to honor the results. In 1911, Senator Joseph Bristow of Kansas introduced an amendment for the direct election of senators, creating a uniform system across the country.
The House passed the amendment in 1912, and it went to the states for ratification. For it to become part of the Constitution, three-quarters of the states needed to approve it. Massachusetts was the first to vote in favor on May 22, 1912. On this date in 1913, the North Dakota legislature ratified the amendment, making North Dakota the twenty-second state to approve it. After thirty-six states ratified the amendment, the Seventeenth Amendment became law on April 8, 1913. Interestingly, Delaware did not ratify the amendment until 2010.
Dakota Datebook by Dr. Carole Butcher
Sources:
- United States Senate. “About Electing and Appointing Senators.” https://www.senate.gov/about/origins-foundations/electing-appointing-senators/overview.htm Accessed 1/11/2025.
- National Archives. “17th Amendment to the Constitution.” https://www.archives.gov/milestone-documents/17th-amendment Accessed 1/11/2025.
- State Historical Society of North Dakota. “Today in North Dakota History.” https://www.statehistoricalfoundation.org/todayinndhistory/ Accessed 1/11/2025.
