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U.S. Constitution, Sixteenth Amendment - Bruce Frohnen, The American Nation: Primary Sources [2008]

Edition used:

The American Nation: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2008).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


U.S. Constitution, Sixteenth Amendment

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

DIRECT ELECTION OF U.S. SENATORS

  • Resolution Opposing Direct Election of Senators, 1893
  • U.S. Constitution, Seventeenth Amendment, 1913

The American Constitution originally required that U.S. senators be appointed by their state legislatures. This provision was intended to protect the rights of states and the independence of senators from electoral pressures. Beginning in the 1850s there were a number of instances of legislative deadlock resulting in vacant Senate seats, as well as a number of bribery scandals related to the choosing of senators. While proposals for direct election had been made as early as 1826, they made little headway until the late nineteenth century, and resistance among senators remained especially fierce. In 1893 the House of Representatives passed a resolution favoring direct election of senators. Senator George Hoar of Massachusetts successfully led opposition to the resolution. After federal reforms failed, states began enacting laws providing for increasing participation of the general public in the election of senators, as well as petitioning Congress for reform. Over time the focus of resistance shifted from direct election itself to the question of whether the federal government should be allowed to control the means of senators’ selection; Southern senators in particular protested the possibility of federal troops at the polls enforcing federal regulations. A version of the amendment was passed by the Senate in April 1912 and sent to the states for ratification, which was achieved the next year, with Delaware and Utah the only states refusing to ratify.