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7.1 Notes: The Senate and the Constitution I: Article I, Section 3 (Clauses 1-2)Unit 7: The SenateMain Idea: Article I, Section 3 of the Constitution discusses the specifics of the Senate through its seven clauses. It is important to remember as we discuss the Senate that it was specifically designed to be the States’ House (as opposed to the People’s House), and represent the states’ rights and aristocratic perspective. This topic will cover Clauses 1-2 of this section, and the Seventeenth Amendment.Clause 1 (1.3.1): Senatorial Representation, Elections, Terms, and Voting“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.” A17.11.Highlight any words or phrases in the above clause that you do not understand. Write a synonym or short definition below:the Legislature thereof – the legislature from that state2.How many senators does each state get?23.Who originally chose the senators from each state?The state legislature of each state chose its senators.4.How do the senators vote?They vote per capita (per person), rather than en bloc.5.Why?In the old Confederation Congress, each state’s delegation voted en bloc. If there were an even number of congressmen from a state, and they tied, then the state had to abstain from casting its vote, and would essentially lose representation on that issue. Obviously, with two senators now from each state, this could happen often, so the Constitution provided for per capita voting in the Senate.6.Rewrite the clause in your own words below as simply as possible:“Every state will get two senators, chosen by the state legislature, that will serve for six years and will each get to vote individually in the Senate.”Clause 2 (1.3.2): Senatorial Classes and Vacancies“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; 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.” A17.21.Highlight any words or phrases in the above clause that you do not understand. Write a synonym or short definition below:in Consequence of – afterthe Executive thereof – the governor from that state2.How many senators attended the opening of the first session of the Senate?20 (Remember, NC and RI had not ratified the Constitution yet, and NY had not chosen its senators yet.)3.What happened to these first senators?They divided themselves as evenly as possible into three classes, with no state having both of its senators in the same class. One senator from each class then drew a piece of paper from a hat that was labeled with a 1, 2, or 3, thus determining their class number and how long their initial terms would last:Class 1: Served a 2-year termClass 2: Served a 4-year termClass 3: Served a 6-year term Future elected senators from all classes, including any of these senators that were reelected, would then serve the full six years.4.Why?This was done to ensure that in the future approximately one-third of the Senate would be up for reelection every two years.5.What happens when a new state joins the Union?Their two senators flip a coin to determine which class they will be in, and thus how long their first term will last. They must be in two different classes, and they must be in the two classes that will keep the size of all three classes as balanced as possible.6.What are some ways a Senate seat can become vacant?Resignation, expulsion, death, or disability.7.What originally happened if a Senate seat became vacant?The state legislature chose a new senator to finish out that term.8.What happened if a Senate seat became vacant while the state legislature was in recess?The governor can temporarily appoint a new senator to serve until the state legislature reconvenes and chooses a new senator.9.Rewrite the clause in your own words below as simply as possible:“After the first election for senators, they will be divided into three classes, those that will serve for only two years, those that will serve for only four years, and those that will serve the full six years. This ensures that every two years, approximately one-third of the Senate will be up for reelection. If a Senate seat becomes vacant, then the state legislature chooses a new senator to finish that term. If the state legislature is in recess when that happens, then the governor can temporarily appoint a senator until the legislature reconvenes and chooses a new senator.”Seventeenth Amendment (April 8, 1913): Popular Election of SenatorsClause 1 (A17.1): Popular Election of Senators and Voter Qualifications“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.” 1.3.11.Highlight any words or phrases in the above clause that you do not understand. Write a synonym or short definition below:the people thereof – the voters from that stateelectors – votersrequisite - necessary2.Who now chooses the senators from each state?The people of the state.3.What does this clause say about who a state must allow to vote for its senators?If, according to state law, someone is qualified to vote for the most numerous house of the state legislature (typically the state House of Representatives), then that state must allow them to vote for its senators as well. There is a parallel clause about who a state must allow to vote for its representatives (1.2.1).4.Is a state divided into two senatorial districts, with a senator only elected from one of them, similar to the way a representative is only elected from one congressional district?No, Senate elections operate under the concept of at-large representation, where both senators are elected from the entire state. However, remember their terms are staggered, so only one senator is up for reelection in any given election year.5. What were the arguments for this amendment?1.Too much corruption in the state legislature selection of senators. It is easier to bribe or corrupt a single legislature than an entire population of voters. 2.Too many state legislatures were having a hard time choosing their senators, resulting in vacant seats.3.It was the height of the Progressive Era in American history. Progressives sought to use the government to reform society, including reforming the government to make it more democratic.6.What effect did this amendment have?It removed essential features of our government that were specifically designed to protect the states’ rights and aristocratic perspectives. Some argue that this amendment has contributed more to the growth of the national government at the expense of the states than anything else in our history.7.Rewrite the clause in your own words below as simply as possible:“Every state will get two senators, chosen by the people of the state, that will serve for six years and will each get to vote individually in the Senate.”Clause 2 (A17.2): Senatorial Vacancies“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.” 1.3.21.Highlight any words or phrases in the above clause that you do not understand. Write a synonym or short definition below:the executive authority of such state – the governor of that statewrits of election – orders calling for a special election to be held2.What now happens if a Senate seat becomes vacant?The governor calls a special election to choose a new senator to finish out that term.3.What else can the governor do?If the legislature permits, the governor can temporarily appoint a new senator to serve until one is chosen by the special election.4.Rewrite the clause in your own words below as simply as possible:“If a Senate seat becomes vacant, then the governor calls a special election to choose a new senator to finish that term. If the state legislature permits, the governor can also temporarily appoint a new senator to serve until one is chosen by the special election.”Clause 3 (A17.3): Impact on Current Senators“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.”1.Highlight any words or phrases in the above clause that you do not understand. Write a synonym or short definition below:construed – interpreted2.How did this amendment affect the senators that were in the middle of serving their term for which they were chosen by their state legislators?As long as they were chosen for that term before the amendment was ratified, they were allowed to finish that term.3.Rewrite the clause in your own words below as simply as possible:“Any senators that had already been chosen by the state legislatures before this amendment becomes ratified can finish out their terms.” ................
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