Draft Resolution Recommending the Restoration of Partial Authority of State Legislators of the Sovereign States to Select U.S. Senate Candidates


The framers of the U.S. Constitution originally provided state legislatures the authority to select U.S. Senators to represent the interests of the states in Washington DC. However, after 124 years, the 17th Amendment changed the process, where members of both Houses of Congress (Senate and Representatives) would then be selected by the popular vote, thus greatly reducing the state's clout and representation within Congress. This change heralded many unintended consequences including greater federal overreach and control, such as the enactment of Obamacare, and very costly U.S. Senate campaigns where Senators become unduly beholden to special interests. This model policy urges the states to change their state elections and to work with congress (as needed) in order to partially restore the original intentions of the framers of the U.S. Constitution. By eliminating U.S. Senate primary elections, state legislatures would instead work closely with the various recognized state political parties to select one candidate from each party for inclusion on the general election ballots.

Draft Resolution Recommending the Restoration of Partial Authority of State Legislators of the Sovereign States to Select U.S. Senate Candidates

Whereas Article I, Section 3, Paragraph 1 of the U.S.  Constitution provided for the Senators to be chosen by the Legislature of each State, and was effective for 124 years;

Whereas the 17th Amendment adopted in 1914 changed this method of choosing U.S. Senators to direct election by the people, which disenfranchised the sovereign States;

Whereas the 17th Amendment was part of the wave of liberal progressive reforms that sought to make the Constitution, and our nation, into more of a direct-democracy instead of a representative-Republic, by giving Americans the right to vote directly for their U.S. Senators;

Whereas enactment of the 17th Amendment had many unintended consequences including runaway federal deficits, unfunded mandates, overreach by federal agencies and excessive and burdensome impositions by the federal government upon the States;

Be it resolved by the Legislature of the State of __________________:

Section 1, The legislature hereby changes state election law in order to end primary elections for U.S. Senators.

Section 2, The legislature shall receive one or more candidate recommendations from each recognized state political party.

Section 3, Upon a simple majority vote (51 percent) of each political party caucus represented within the legislature (i.e., Republican, Democrat, etc.), one U.S. Senate candidate shall be selected for those specific political parties. For example, other than when Section 4 applies, legislative members of a specific party caucus shall only cast a vote for candidates from their specific political party.

Section 4, For recognized state political parties that do not have one or more elected representatives (a caucus) within the legislature, a simple majority vote of the full body of the legislature shall occur to select their candidates.

Section 5, each candidate of a recognized state political party, who received at least a simple majority vote within the legislature, shall be included in the general election for U.S. Senate.

Adopted this day______of_______________20____