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200 Notable Days: Senate Stories, 1787 to 2002

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200 Notable Days: Senate Stories, 1787 to 2002 C H A P T E R I Formative Years of the Senate 1787-1800 June 7, 1787 State Houses Will Elect Senators ho should elect United States senators? When On June 7, 1787, the framers settled on a third option. They the framers of the Constitution convened in decided that state legislatures should select senators, without W Philadelphia in 1787, they struggled over three any involvement by the House of Representatives. The state possible answers to this question. legislatures, they argued, would provide the necessary “filtration” Under one plan, each state legislature would send a list to produce better senators—the elect of the elected. The framers of candidates to the U.S. House of Representatives so that the hoped that this arrangement would give state political leaders a House could make the selections. sense of participation, calming their fears about the dangers of a Yet this would have made the strong centralized government. The advantage of this plan, they Senate dependent upon the House, believed, was that all laws would be passed by a “dual constitu- ignoring James Madison’s advice ency” composed of a body elected directly by the people (or at that the best way to protect against least the white males entitled to vote for members of their state tyrannical governments was to legislatures) and one chosen by the elected representatives of balance the ambitions of one branch individual states. against those of a corresponding After several decades, as service in the Senate became more branch. Madison and his constitu- highly prized and political parties gained wider influence in tion-writing colleagues had in mind directing state legislative operations, this system of indirect elec- a system in which the Senate keeps tion began to break down. When separate parties controlled a an eye on the House, while the legislature’s two houses, deadlocks frequently deprived states of House watches the Senate. their full Senate representation. Fifty-five delegates met in Or perhaps the people could elect their own senators. This A plan for direct popular election lingered for decades. Philadelphia during the hot had the disadvantage, as far as city dwellers and those with Finally, a campaign to make governmental institutions more summer of 1787 to frame commercial interests were concerned, of favoring the nation’s responsive to the people propelled the measure to ratification in a new constitution for the larger agricultural population. Connecticut’s Roger Sherman 1913 as the Constitution’s 17th Amendment. United States. warned against direct election. “The people should have as little to do as may be about the government. They lack information and are constantly liable to be misled.” Further Reading Ahmar, Akhil Reed. America’s Constitution: A Biography. New York: Random House, 2005. Crook, Sara Brandes, and John R. Hibbing. “A Not-so-Distant Mirror: The 17th Amendment and Congressional Change.” American Political Science Review 91 (December 1997): 845-853. 2 June 19, 1787 Seven-Year Senate Terms? n June 19, 1787, the framers of the U.S. Constitution making this legislative body the focus of the Constitutional decided that the term of a senator should run for Convention’s Senate term debates. O seven years. They also tentatively agreed that House Framers either praised Maryland’s long terms for checking members should serve three years, that Congress should elect the the lower house’s populist impulses, or feared them for the president, that the president should serve for a term equal to that same reason. Some convention delegates believed that even of a senator, and that the Senate should appoint Supreme Court five-year U.S. Senate terms were too short to counteract the justices. Obviously, the framers had a lot of work ahead of them dangerous notions over the following three months to shape the delicately balanced likely to emerge Constitution we know today. from the House of Why a seven-year term for senators? Members of the existing Representatives. Congress under the Articles of Confederation—a unicameral James Madison body—served one-year terms. In deciding to create a bicameral first supported the congress to replace that moribund institution, the Constitution’s seven-year term but framers recognized that the Senate, chosen by state legislatures, then raised it to nine, would be a smaller body than the popularly elected House. so that one-third To avoid being unduly threatened by public opinion, or over- of the Senate seats whelmed by the House’s larger membership, senators would need could be renewed the protection of longer terms. every three years. The framers looked to the various state legislatures for Others thought that models. Although the majority of states set one-year terms for was too long. On June 26, the convention compromised on The framers of the both legislative bodies, several established longer tenures for the six-year term, with a two-year renewal cycle. None of this Constitution met in upper house members. Delaware had three-year terms with pleased New York Delegate Alexander Hamilton, who believed Philadelphia at the Pennsylvania State one-third of its senate’s nine members up for election each year. that the only protection for senators against the “amazing House, now known as New York and Virginia state senators served four-year terms. violence and turbulence of the democratic spirit” would be Independence Hall. Only Maryland’s aristocratic senate featured five-year terms, terms lasting a lifetime. Further Reading Haynes, George H. The Election of Senators. New York: Henry Holt and Company, 1906. Madison, James. Notes of Debates in the Federal Convention of 1787. Athens, Ohio: Ohio University Press, 1984. Story, Joseph. Commentaries on the Constitution of the United States. Boston: Hillard, Gray, 1833. 3 July 16, 1787 Framers Reach a “Great Compromise” uly 16, 1987, began with a light breeze, a cloudless sky, By July 16, the convention had already set the minimum and a spirit of celebration. On that day, 200 senators and age for senators at 30 and the term length at 6 years, as opposed J representatives boarded a special train for a journey to to 25 for House members, with 2-year terms. James Madison Philadelphia to celebrate a singular congressional anniversary. explained that these distinctions, based on “the nature of the Exactly 200 years earlier, the framers of the U.S. senatorial trust, which requires greater extent of information and Constitution, meeting at the Pennsylvania State House (now stability of character,” would allow the Senate “to proceed with known as Independence Hall) in Philadelphia, had reached a more coolness, with more system, and with more wisdom than supremely important agreement. Their so-called Great the popular[ly elected] branch.” Compromise (or Connecticut Compromise in honor of its The issue of representation, however, threatened to destroy architects, Connecticut delegates Roger Sherman and Oliver the seven-week-old convention. Delegates from the large states Ellsworth) provided a dual system of congressional representa- believed that because their states contributed proportionally tion. In the House of Representatives each state would be more to the nation’s financial and defensive resources, they assigned a number of seats in proportion to its population. In the should enjoy proportionally greater representation in the Senate Senate, all states would have the same number of seats. Today, we as well as in the House. Small-state delegates demanded, with take this arrangement for granted; in the wilting-hot summer of comparable intensity, that all states be equally represented in both 1787, it was a new idea. houses. When Sherman proposed the compromise, Benjamin In the weeks before July 16, 1787, the framers had made Franklin agreed that each state should have an equal vote in the several important decisions about the Senate’s structure. They Senate in all matters—except those involving money. turned aside a proposal to have the House of Representatives elect Over the Fourth of July holiday, delegates worked out An excerpt from the Journal senators from lists submitted by the individual state legislatures a compromise plan that sidetracked Franklin’s proposal. On of the Constitutional and agreed that those legislatures should elect their own senators. July 16, voting by states, the convention adopted the Great Convention showing the Compromise by a heart-stopping margin of one vote. As the “Great Compromise.” 1987 celebrants duly noted, without that vote, there would likely have been no Constitution. Further Reading Farrand, Max. The Framing of the Constitution of the United States. New Haven: Yale University Press, 1913. Chapter 7. Rossiter, Clinton. 1787: The Grand Convention. New York: Macmillan, 1966. Chapter 10. 4 September 30, 1788 First Two Senators—an Odd Couple hen the necessary ninth state ratified the U.S. ously fought what he considered to be the Senate’s willingness Constitution in June 1788, the Congress under to strengthen the presidency and soon became an outspoken W the Articles of Confederation began planning the anti-administration senator. Perhaps as an outlet to his transition to the new federal government. On September 13, growing frustrations, he kept a diary of Senate proceedings, 1788, that soon-to-expire Congress issued an ordinance giving which in his day were conducted entirely behind closed doors. states authority to begin conducting elections for their senators Although Maclay served for only two years, his diary is indis- and representatives. pensable for understanding the early Senate. Less than three weeks later, on September 30, Pennsylvania In the early 1780s, Robert Morris had served as super- became the first state to elect its two United States senators. intendent of finance, making him the chief administrator of By a vote of 66 to 1, its legislature accorded William Maclay the Confederation government and the nation’s second most the distinction of being the first person elected to the Senate powerful figure after George Washington.
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