The first, third and fourth parts have not changed: each state has two senators, each senator serves for six years, and each senator has one vote. The number of senators was a result of the “Great Compromise.” One of the largest points of contention in drafting the Constitution was should representation be the same for all states as it was in the Articles of Confederation or should representation be based on population of the state. As you can guess the larger states wanted proportional representation, but smaller states wanted equality. New Hampshire for one instructed its delegates to vote against any document that had proportional representation. These smaller states had become used to equal power in the Articles of Confederation. This debate was so contentious that a special committee was formed to make a final decision. It was decided that the lower house, the House of Representatives, the house that represented the people directly should be based on population while the upper house, the Senate, the house that represented the states or the elites as it mimicked the House of Lords back in England should be equal, two each. Having the Senate equal also protected the states from new amendments to the Constitution. In the House, larger states would have the votes necessary to get a two-thirds majority to pass any amendment over the smaller ones, but it would be impossible to do so in the Senate.
If how senators were chosen might sound confusing and shows that there was not originally as much democracy as we often think, “[Senators were]chosen by the Legislature thereof.” According to the original Constitution, members of the House of Representatives were the only positions elected by the people. The members of the Senate were not chosen by the people until an amendment changed it in 1913. This goes back to the discussion of a republic verses a democracy. America was set up as a republic instead of the democracy mainly because the Founders did not trust the masses enough to give them a direct vote. The people were supposed to choose a representative – one of their betters – to make decisions for them. Well, that concept went even further with the Senate. The Founders did not even trust the people to choose their own senators.
Whereas the House of Representatives was based on the House of Commons in England, it made sense that the representatives were chosen by the those it directly represented. However, the Senate was based on the House of Lords who were not chosen by the people. If the Senate represented the elites or the states themselves, then the Senators could not be beholden to the people. If the people chose them then they would have to answer to them. Instead, members of the state legislatures chose senators, so the senators now had to answer to the state instead of the people.
Something that has not changed is that senators are elected for six years. The difference in years from the House is again reflecting the importance of the two houses. The House represents the people and so the people need to make sure their interests are being represented by electing them every two years to keep them honest. By making the senate a sixyear term it would have much more stability.
Clause II was an extension of the six-year rule. It states, “Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year.”
Basically, what it’s saying is that while senators are chosen for six-year terms, a third of them will be chosen every two years. By not having all the senators chosen at the same time as the House, the Senate will have much more stability. In theory the House can replace all its representatives in any given election, while the Senate can only replace one-third. The two senators from each state will be staggered so there will always be an experienced senator if the other is replaced.
While the final part of Clause II was amended in 1913 with the 17th Amendment, it originally stated, “and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.” If a senator resigns or dies, the governor of the state can choose a replacement until the original senator’s term is up. For a member of the House a special election is called but for a senator the governor gets to choose.
Protecting the government from the masses was just as important to the Founders as protecting the people from the government. This is clearly seen in the way the upper house of Congress would not be swayed by the population.
James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He may be reached at HistoricallySpeaking1776@gmail.com.
