The 17th Amendment does good, and bad from my point of view. This Amendment opens the Seats of the Senate to General Election by the People, and creates election requirement standardization for multi-chambered State Senates and the Federal Senate.
But, the 17th Amendment allows for the Legislature, be it State or Federal, to have a choice in whether they empower the Executive, be it State or Federal (governor or president), to make appointments to fill the vacancies.
These are the parts of Article I, Clauses 1 & 2-the relevant parts to the 17th Amendment-of the original Constitution and the changes made:
‘The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.’
‘…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.’
The 17th Amendment changes the wording as such:
‘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.’
The 17th Amendment makes the following key wording changes:
‘chosen by the Legislature thereof’
to →
‘elected by the people thereof’
with the addition of:
‘The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.’
These parts of the Clauses above ^ are simply opening the seats of the Senate to a General Election instead of a legislative appointment. The second part is just a election requirement standardization clause for multi-chambered State Senates and the Federal Senate.
Also:
‘…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.’
to →
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.’
Here is the issue.
The 17th Amendment doesn’t necessarily require that any State legislature empower the executive to make a temporary appointment like the original clause did.
‘Provided, That the legislature of any State may empower the executive thereof…’
It also extends the amount of time the appointment has in office before an actual elected official gets in office.
‘until the people fill the vacancies by election as the legislature may direct.’
A key change from the original:
‘…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.’
The original vacancy appointment clause required that the executive preform their duty at the next recess of each State’s legislature, and that the next meeting-not the next election period-the legislature would officially fill the vacancies. The original clauses in Article I, Clauses 1 & 2 were superior in preventing corruption and assuring representation to the States, but lacking granting the People any say in their election/appointment.
I suggest:
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The continued General Election of Senators.
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That during the recess of the legislature of any State, the Executive thereof shall make temporary Appointments until the next meeting of the legislature, which shall then fill such vacancies through a special session general election.
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A Repeal of Section 2 of the 17th Amendment.
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.
https://constitution.congress.gov/browse/article-1/section-3/