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The 17th Amendment to the Constitution establishes the direct election of United States senators by the voters of each state, rather than by state legislatures. It also allows governors to make temporary appointments to fill Senate vacancies until an election is held, if the state legislature permits.

1913

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the 17th Amendment

"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. When vacancies happen in the representation of any State in the Senate, the executive authority of such 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. 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."

When did the states ratify the 17th Amendment?

Congress proposed this amendment on May 15, 1912. Ratification was completed on April 8, 1913, when the 36th state, Connecticut, approved the amendment, with 48 states in the Union at the time. Massachusetts was the first state to approve, seven days after the amendment was proposed. Alabama was the last state to approve, 32,800 days after the amendment was proposed.

Connecticut completed ratification of the 17th Amendment.

Date of ratification by state, 17th Amendment

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How has the 17th Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

There have been two cases in which the Court struck down laws as unconstitutional under the 17th Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
CaseYear

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USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.