Editorials: Is Rick Perry Right That the Seventeenth Amendment Was a Mistake? | Vikram David Amar/Verdict.Justia
Among the many provocative things Republican presidential candidate Rick Perry has said is that the American people “mistakenly empowered the federal government during a fit of populist rage in the early twentieth century . . . by changing the way senators are elected (the Seventeenth Amendment).”
In this column, we analyze why the Seventeenth Amendment—providing for direct election of U.S. Senators—came about, and whether it would be a good and/or workable idea, as Perry suggests, to repeal it.
The Original Constitution and the Provision for State Legislative Election of Senators
Most historians and legal commentators agree on the basic story of Senate election methods. In 1787, the Framers and ratifiers of the original Constitution chose legislative election largely to safeguard the existence and interests of the state governments.