The Constitution for the United States of America

Article 1
Section 3 - Paragraph 2

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.

The 17th Amendment changed the method of selecting Senators so they are elected by the People rather than appointed by the Legislature. The clause in the current Article specifies the Legislature will fill the vacancy, which, under the provisions of the 17th Amendment is not correct.

Changing this Article with the 17th Amendment undid the compromise reached by our Founding Fathers. There was a very bitter debate that lasted for some time over how the Senators would be selected. Eventually it was decided that the best way to protect the rights of the several States was to have the State Legislature appoint their Senators. Making the Senate subject to the whims of the voters was a big step toward elimination of our States Rights.

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