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  #51  
Old Saturday, May 27, 2017
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Default US should tell Pakistan it will cross the border if necessary

US Congressman Adam Kinzinger has said Washington should go for any effective measures to make Islamabad comply with America’s Afghanistan strategy, even if that entails crossing the border.

"If that means more aid to do stuff, if that's withdrawing aid to do stuff, I think that's fine. But I think ultimately we need to make it clear that we are going to cross the border if necessary because they are not doing enough," Kinzinger said while speaking at an event held at the Wilson Center.

He was answering a question posed by Jane Harman, Director, President and CEO of the Wilson Center, around Pakistan's role in Afghanistan.

The Republican lawmaker, who represents the state of Illinois, is of the view that the United States should toughen up its foreign policy when it comes to its ties with Pakistan.

"I just think we need to get back to some real tough love with Pakistan," said the lawmaker, who also serves as a Major in the US Air Force.

"I hope that when the president (Trump) is discussing his Afghan strategy, Pakistan really comes into play there," he said.

Speaking on the possibility of developing a border along the Durand Line, Kinzinger believed that the idea was not feasible. "We've talked about the idea of border security and border guards with the Afghans, the problem is that they're just so spread thin anyway right now," said the congressman.

"But I think ultimately we need to make it clear that we are going to cross the border if necessary because they are not doing enough."

"I think it's important to note that the Afghan National Army (ANA) lost 140 soldiers last month in fights, so they are out there working hard."

Contemplating on the strategies the US could adopt with Pakistan, the 39-year-old congressman said, "I think it's a couple of things we have to use. There's the carrot and stick, again. And I think we need to frankly look at the consequences and consider opening up strikes again, whether it's the Taliban, the Haqqani Network, Al-Qaeda, or any other bad group in Pakistan as we have before."

"And we can't push Pakistan away totally because that can be obviously pretty bad the other way. You have a tenuous situation between India and Pakistan as it is," Kinzinger said.

He was also of the view that the US leadership should adopt any effective method to make Pakistan comply, whether that entailed giving more aid, withdrawing aid or going for extreme measures, such as crossing the border.
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  #52  
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Default Dawes Act (1887)

Dawes Act (1887)

Federal Indian policy during the period from 1870 to 1900 marked a departure from earlier policies that were dominated by removal, treaties, reservations, and even war. The new policy focused specifically on breaking up reservations by granting land allotments to individual Native Americans. Very sincere individuals reasoned that if a person adopted white clothing and ways, and was responsible for his own farm, he would gradually drop his Indian-ness and be assimilated into the population. It would then no longer be necessary for the government to oversee Indian welfare in the paternalistic way it had been obligated to do, or provide meager annuities that seemed to keep the Indian in a subservient and poverty-stricken position.

On February 8, 1887, Congress passed the Dawes Act, named for its author, Senator Henry Dawes of Massachusetts. Also known as the General Allotment Act, the law allowed for the President to break up reservation land, which was held in common by the members of a tribe, into small allotments to be parceled out to individuals. Thus, Native Americans registering on a tribal "roll" were granted allotments of reservation land. “To each head of a family, one-quarter of a section; To each single person over eighteen years of age, one-eighth of a section ; To each orphan child under eighteen years of age, one-eighth of a section; and To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section…”

Section 8 of the act specified groups that were to be exempt from the law. It stated that "the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south."

Subsequent events, however, extended the act's provisions to these groups as well. In 1893 President Grover Cleveland appointed the Dawes Commission to negotiate with the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles, who were known as the Five Civilized Tribes. As a result of these negotiations, several acts were passed that allotted a share of common property to members of the Five Civilized Tribes in exchange for abolishing their tribal governments and recognizing state and Federal laws. In order to receive the allotted land, members were to enroll with the Bureau of Indian Affairs. Once enrolled, the individual's name went on the "Dawes rolls." This process assisted the BIA and the Secretary of the Interior in determining the eligibility of individual members for land distribution.

The purpose of the Dawes Act and the subsequent acts that extended its initial provisions was purportedly to protect Indian property rights, particularly during the land rushes of the 1890s, but in many instances the results were vastly different. The land allotted to the Indians included desert or near-desert lands unsuitable for farming. In addition, the techniques of self-sufficient farming were much different from their tribal way of life. Many Indians did not want to take up agriculture, and those who did want to farm could not afford the tools, animals, seed, and other supplies necessary to get started. There were also problems with inheritance. Often young children inherited allotments that they could not farm because they had been sent away to boarding schools. Multiple heirs also caused a problem; when several people inherited an allotment, the size of the holdings became too small for efficient farming.
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  #53  
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Default Sherman Anti-Trust Act (1890)

Sherman Anti-Trust Act (1890)

The Sherman Antitrust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts. It was named for Senator John Sherman of Ohio, who was a chairman of the Senate finance committee and the Secretary of the Treasury under President Hayes. Several states had passed similar laws, but they were limited to intrastate businesses. The Sherman Antitrust Act was based on the constitutional power of Congress to regulate interstate commerce. (For more background, see previous milestone documents: the Constitution, Gibbons v. Ogden, and the Interstate Commerce Act.) The Sherman Anti-Trust Act passed the Senate by a vote of 51–1 on April 8, 1890, and the House by a unanimous vote of 242–0 on June 20, 1890. President Benjamin Harrison signed the bill into law on July 2, 1890.

A trust was an arrangement by which stockholders in several companies transferred their shares to a single set of trustees. In exchange, the stockholders received a certificate entitling them to a specified share of the consolidated earnings of the jointly managed companies. The trusts came to dominate a number of major industries, destroying competition. For example, on January 2, 1882, the Standard Oil Trust was formed. Attorney Samuel Dodd of Standard Oil first had the idea of a trust. A board of trustees was set up, and all the Standard properties were placed in its hands. Every stockholder received 20 trust certificates for each share of Standard Oil stock. All the profits of the component companies were sent to the nine trustees, who determined the dividends. The nine trustees elected the directors and officers of all the component companies. This allowed the Standard Oil to function as a monopoly since the nine trustees ran all the component companies.

The Sherman Act authorized the Federal Government to institute proceedings against trusts in order to dissolve them. Any combination “in the form of trust or otherwise that was in restraint of trade or commerce among the several states, or with foreign nations” was declared illegal. Persons forming such combinations were subject to fines of $5,000 and a year in jail. Individuals and companies suffering losses because of trusts were permitted to sue in Federal court for triple damages. The Sherman Act was designed to restore competition but was loosely worded and failed to define such critical terms as “trust,” “combination,” “conspiracy,” and “monopoly.” Five years later, the Supreme Court dismantled the Sherman Act in United States v. E. C. Knight Company (1895). The Court ruled that the American Sugar Refining Company, one of the other defendants in the case, had not violated the law even though the company controlled about 98 percent of all sugar refining in the United States. The Court opinion reasoned that the company’s control of manufacture did not constitute a control of trade.

The Court’s ruling in E. C. Knight seemed to end any government regulation of trusts. In spite of this, during President Theodore Roosevelt’s “trust busting” campaigns at the turn of the century, the Sherman Act was used with considerable success. In 1904 the Court upheld the government’s suit to dissolve the Northern Securities Company in State of Minnesota v. Northern Securities Company. By 1911, President Taft had used the act against the Standard Oil Company and the American Tobacco Company. In the late 1990s, in another effort to ensure a competitive free market system, the Federal Government used the Sherman Act, then over 100 years old, against the giant Microsoft computer software company.
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Default Plessy v. Ferguson (1896)

Plessy v. Ferguson (1896)

During the era of Reconstruction, black Americans’ political rights were affirmed by three constitutional amendments and numerous laws passed by Congress. Racial discrimination was attacked on a particularly broad front by the Civil Rights Act of 1875. This legislation made it a crime for an individual to deny “the full and equal enjoyment of any of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color.”

In 1883, the Supreme Court struck down the 1875 act, ruling that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals. Victims of racial discrimination were told to seek relief not from the Federal Government, but from the states. Unfortunately, state governments were passing legislation that codified inequality between the races. Laws requiring the establishment of separate schools for children of each race were most common; however, segregation was soon extended to encompass most public and semi-public facilities.

Beginning with passage of an 1887 Florida law, states began to require that railroads furnish separate accommodations for each race. These measures were unpopular with the railway companies that bore the expense of adding Jim Crow cars. Segregation of the railroads was even more objectionable to black citizens, who saw it as a further step toward the total repudiation of three constitutional amendments. When such a bill was proposed before the Louisiana legislature in 1890, the articulate black community of New Orleans protested vigorously. Nonetheless, despite the presence of 16 black legislators in the state assembly, the law was passed. It required either separate passenger coaches or partitioned coaches to provide segregated accommodations for each race. Passengers were required to sit in the appropriate areas or face a $25 fine or a 20-day jail sentence. Black nurses attending white children were permitted to ride in white compartments, however.

In 1891, a group of concerned young black men of New Orleans formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the law was unconstitutional as it applied to interstate travel. Encouraged, the committee decided to press a test case on intrastate travel. With the cooperation of the East Louisiana Railroad, on June 7, 1892, Homer Plessy, a mulatto (7/8 white), seated himself in a white compartment, was challenged by the conductor, and was arrested and charged with violating the state law. In the Criminal District Court for the Parish of Orleans, Tourgée argued that the law requiring “separate but equal accommodations” was unconstitutional. When Judge John H. Ferguson ruled against him, Plessy applied to the State Supreme Court for a writ of prohibition and certiorari. Although the court upheld the state law, it granted Plessy’s petition for a writ of error that would enable him to appeal the case to the Supreme Court.

In 1896, the Supreme Court issued its decision in Plessy v. Ferguson. Justice Henry Brown of Michigan delivered the majority opinion, which sustained the constitutionality of Louisiana’s Jim Crow law. In part, he said:

“We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it… The argument also assumes that social prejudice may be overcome by legislation, and that equal rights cannot be secured except by an enforced commingling of the two races… If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

In a powerful dissent, conservation Kentuckian John Marshall Harlan wrote:

“I am of the opinion that the statute of Louisiana is inconsistent with the personal liberties of citizens, white and black, in that State, and hostile to both the spirit and the letter of the Constitution of the United States. If laws of like character should be enacted in the several States of the Union, the effect would be in the highest degree mischievous. Slavery as an institution tolerated by law would, it is true, have disappeared from our country, but there would remain a power in the States, by sinister legislation, to interfere with the blessings of freedom; to regulate civil rights common to all citizens, upon the basis of race; and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community, called the people of the United States, for whom an by whom, through representatives, our government is administrated. Such a system is inconsistent with the guarantee given by the Consititution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Indeed, it was not until the Supreme Court’s decision in Brown v. Board of Education of Topeka, Kansas and congressional civil rights acts of the 1950s and 1960s that systematic segregation under state law was ended. In the wake of those Federal actions, many states amended or rewrote their state constitutions to conform with the spirit of the 14th Amendment. But for Homer Plessy the remedies came too late.
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  #55  
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Default De Lôme Letter (1898)

De Lôme Letter (1898)

The de Lôme letter, a note written by Señor Don Enrigue Dupuy de Lôme, the Spanish Ambassador to the United States, to Don José Canelejas, the Foreign Minister of Spain, reveals de Lôme’s opinion about the Spanish involvement in Cuba and President McKinley’s diplomacy. Cuban revolutionaries intercepted the letter from the mail and released it to the Hearst press, which published it on February 9, 1898, in the New York Journal. De Lôme’s unflattering remarks about McKinley helped fuel this country’s aggressive, warlike foreign policy. Two months later, on April 11, 1898, McKinley delivered a war message to Congress asking for “forcible intervention” by the United States to establish peace in Cuba.


Transcript of De Lôme Letter (1898)

(Translation of letter written by Senor Don Enrique Dupuy de Lôme to Senor Don José Canelejas. Undated, but from internal evidence probably written about the middle of December, 1897.)

LEGACION DE ESPAÑA.
WASHINGTON.

His Excellency
Don José Canalejas.


My distinguished and dear friend:
You have no reason to ask my excuses for not having written to me, I ought also to have written to you but I have put off doing so because overwhelmed with work and nous sommes quittes.

The situation here remains the same. Everything depends on the political and military outcome in Cuba. The prologue of all this, in this second stage (phase) of the war, will end the day when the colonial cabinet shall be appointed and we shall be relieved in the eyes of this country of a part of the responsibility for what is happening in Cuba while the Cubans, whom these people think so immaculate, will have to assume it.

Until then, nothing can be clearly seen, and I regard it as a waste of time and progress, by a wrong road, to be sending emissaries to the rebel camp, or to negotiate with the autonomists who have as yet no legal standing, or to try to ascertain the intentions and plans of this government. The (Cuban) refugees will keep on returning one by one and as they do so will make their way into the sheep-fold, while the leaders in the field will gradually come back. Neither the one nor the other class had the courage to leave in a body and they will not be brave enough to return in a body.

The Message has been a disillusionment to the insurgents who expected something different; but I regard it as bad (for us).

Besides the ingrained and inevitable bluntness (grosería) with which is repeated all that the press and public opinion in Spain have said about Weyler, it once more shows what McKinley is, weak and a bidder for the admiration of the crowd besides being a would-be politician (politicastro) who tries to leave a door open behind himself while keeping on good terms with the jingoes of his party.

Nevertheless, whether the practical results of it (the Message) are to be injurious and adverse depends only upon ourselves.

I am entirely of your opinions; without a military end of the matter nothing will be accomplished in Cuba, and without a military and political settlement there will always be the danger of encouragement being give to the insurgents, buy a part of the public opinion if not by the government.

I do not think sufficient attention has been paid to the part England is playing.

Nearly all the newspaper rabble that swarms in your hotels are Englishmen, and while writing for the Journal they are also correspondents of the most influential journals and reviews of London. It has been so ever since this thing began.

As I look at it, England’s only object is that the Americans should amuse themselves with us and leave her alone, and if there should be a war, that would the better stave off the conflict which she dreads but which will never come about.

It would be very advantageous to take up, even if only for effect, the question of commercial relations and to have a man of some prominence sent hither, in order that I may make use of him here to carry on a propaganda among the seantors and others in opposition to the Junta and to try to win over the refugees.

So, Amblard is coming. I think he devotes himself too much to petty politics, and we have got to do something very big or we shall fail.

Adela returns your greeting, and we all trust that next year you may be a messenger of peace and take it as a Christmas gift to poor Spain.

Ever your attached friend and servant,
ENRIQUE DUPUY de LÔME.
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Default Joint Resolution to Provide for Annexing the Hawaiian Islands to the United States (1

Joint Resolution to Provide for Annexing the Hawaiian Islands to the United States (1898)

In the 1890s, the efforts of the Hawaiian people to preserve their national sovereignty and native heritage ran headlong into the unstoppable force of American expansionism. Throughout the 19th century, westerners – particularly Americans – came to dominate Hawaii’s economy and politics. When Queen Liliuokalani assumed the throne in 1891 and tried to reassert the power of the throne and the will of Native Hawaiians, she was deposed by a small group of American businessmen, with the support of the American diplomats and the U.S. Navy.

Although even President Cleveland challenged the legitimacy of this takeover, it did stand. To a nation poised to take its place as a world power, the control of Hawaii, strategically located to serve as a mid-Pacific naval installation, seemed crucial. In 1898, with a naval base firmly established at Pearl Harbor, the United States officially annexed Hawaii.
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Default Platt Amendment (1903)

Platt Amendment (1903)

At the end of the Spanish-American War in 1898, the United States found itself in control of several overseas territories, including Cuba. (see the de Lôme letter) In April of 1898, Senator Henry M. Teller, of Colorado, proposed an amendment to the United States’ declaration of war against Spain, which stated that the United States would not establish permanent control over Cuba. The Teller Amendment asserted that the United States "hereby disclaims any disposition of intention to exercise sovereignty, jurisdiction, or control over said island except for pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people." The Senate adopted the amendment on April 19.

Nonetheless, the occupation of Cuba by U.S. troops continued for several years after the war was over. Under the military governor, Gen. Leonard Wood, a school system was organized, finances were set in order, and significant progress was made in eliminating yellow fever. In July 1900, the Constitutional Convention of Cuba started its deliberations and was notified that the U.S. Congress intended to attach an amendment to the Cuban Constitution. In 1901, Secretary of War Elihu Root drafted a set of articles as guidelines for future United States–Cuban relations. This set of articles became known as the Platt Amendment, after Senator Orville Platt of Connecticut, who presented it. Platt, 1827–1905, was a U.S. Senator from 1879 to 1905 and influenced the decision to annex Hawaii and occupy the Philippines. He sponsored this amendment as a rider attached to the Army Appropriations Bill of 1901. Cubans reluctantly included the amendment, which virtually made Cuba a U.S. protectorate, in their constitution. The Platt Amendment was also incorporated in a permanent treaty between the United States and Cuba.

The Platt Amendment stipulated the conditions for U.S. intervention in Cuban affairs and permitted the United States to lease or buy lands for the purpose of the establishing naval bases (the main one was Guantánamo Bay) and coaling stations in Cuba. It barred Cuba from making a treaty that gave another nation power over its affairs, going into debt, or stopping the United States from imposing a sanitation program on the island. Specifically, Article III required that the government of Cuba consent to the right of the United States to intervene in Cuban affairs for “the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba.” The Platt Amendment supplied the terms under which the United States intervened in Cuban affairs in 1906, 1912, 1917, and 1920. By 1934, rising Cuban nationalism and widespread criticism of the Platt Amendment resulted in its repeal as part of Franklin D. Roosevelt's Good Neighbor policy toward Latin America. The United States, however, retained its lease on Guantánamo Bay, where a naval base was established.
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Default Theodore Roosevelt's Corollary to the Monroe Doctrine (1905)

Theodore Roosevelt's Corollary to the Monroe Doctrine (1905)

European intervention in Latin America (see the Platt Amendment) resurfaced as an issue in U.S. foreign policy when European governments began to use force to pressure several Latin American countries to repay their debts. For example, British, German, and Italian gunboats blockaded Venezuela’s ports in 1902 when the Venezuelan government defaulted on its debts to foreign bondholders. Many Americans worried that European intervention in Latin America would undermine their country’s traditional dominance in the region.

To keep other powers out and ensure financial solvency, President Theodore Roosevelt issued his corollary. "Chronic wrongdoing . . . may in America, as elsewhere, ultimately require intervention by some civilized nation," he announced in his annual message to Congress in December 1904, "and in the Western Hemisphere the adherence of the United States to the Monroe Doctrine may force the United States, however reluctantly, in flagrant cases of such wrongdoing or impotence, to the exercise of an international police power."

Roosevelt tied his policy to the Monroe Doctrine, and it was also consistent with his foreign policy of “walk softly, but carry a big stick.” Roosevelt stated that in keeping with the Monroe Doctrine, the United States was justified in exercising "international police power" to put an end to chronic unrest or wrongdoing in the Western Hemisphere. This so-called Roosevelt Corollary—a corollary is an extension of a previous idea—to the Monroe Doctrine contained a great irony. The Monroe Doctrine had been sought to prevent European intervention in the Western Hemisphere, but now the Roosevelt Corollary justified American intervention throughout the Western Hemisphere. In 1934, Franklin D. Roosevelt renounced interventionism and established his Good Neighbor policy within the Western Hemisphere.
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Default 16th Amendment to the U.S. Constitution: Federal Income Tax (1913)

16th Amendment to the U.S. Constitution: Federal Income Tax (1913)

Far-reaching in its social as well as its economic impact, the income tax amendment became part of the Constitution by a curious series of events culminating in a bit of political maneuvering that went awry.

The financial requirements of the Civil War prompted the first American income tax in 1861. At first, Congress placed a flat 3-percent tax on all incomes over $800 and later modified this principle to include a graduated tax. Congress repealed the income tax in 1872, but the concept did not disappear.

After the Civil War, the growing industrial and financial markets of the eastern United States generally prospered. But the farmers of the south and west suffered from low prices for their farm products, while they were forced to pay high prices for manufactured goods. Throughout the 1860s, 1870s, and 1880s, farmers formed such political organizations as the Grange, the Greenback Party, the National Farmers’ Alliance, and the People’s (Populist) Party. All of these groups advocated many reforms (see the Interstate Commerce Act) considered radical for the times, including a graduated income tax.

In 1894, as part of a high tariff bill, Congress enacted a 2-percent tax on income over $4,000. The tax was almost immediately struck down by a five-to-four decision of the Supreme Court, even though the Court had upheld the constitutionality of the Civil War tax as recently as 1881. Although farm organizations denounced the Court’s decision as a prime example of the alliance of government and business against the farmer, a general return of prosperity around the turn of the century softened the demand for reform. Democratic Party Platforms under the leadership of three-time Presidential candidate William Jennings Bryan, however, consistently included an income tax plank, and the progressive wing of the Republican Party also espoused the concept.

In 1909 progressives in Congress again attached a provision for an income tax to a tariff bill. Conservatives, hoping to kill the idea for good, proposed a constitutional amendment enacting such a tax; they believed an amendment would never received ratification by three-fourths of the states. Much to their surprise, the amendment was ratified by one state legislature after another, and on February 25, 1913, with the certification by Secretary of State Philander C. Knox, the 16th amendment took effect. Yet in 1913, due to generous exemptions and deductions, less than 1 percent of the population paid income taxes at the rate of only 1 percent of net income.

This document settled the constitutional question of how to tax income and, by so doing, effected dramatic changes in the American way of life.
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Default 17th Amendment to the U.S. Constitution: (1913)

17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)

The Constitution, as it was adopted in 1788, made the Senate an assembly where the states would have equal representation. Each state legislature would elect two senators to 6-year terms. Late in the 19th century, some state legislatures deadlocked over the election of a senator when different parties controlled different houses, and Senate vacancies could last months or years. In other cases, special interests or political machines gained control over the state legislature. Progressive reformers dismissed individuals elected by such legislatures as puppets and the Senate as a "millionaire’s club" serving powerful private interests.

One Progressive response to these concerns was the "Oregon system," which utilized a state primary election to identify the voters’ choice for Senator while pledging all candidates for the state legislature to honor the primary’s result. Over half of the states adopted the "Oregon system," but the 1912 Senate investigation of bribery and corruption in the election of Illinois Senator William Lorimer indicated that only a constitutional amendment mandating the direct election of Senators by a state’s citizenry would allay public demands for reform.

When the House passed proposed amendments for the direct election of Senators in 1910 and 1911, they included a "race rider" meant to bar Federal intervention in cases of racial discrimination among voters. This would be done by vesting complete control of Senate elections in state governments. A substitute amendment by Senator Joseph L. Bristow of Kansas provided for the direct election of Senators without the "race rider." It was adopted by the Senate on a close vote before the proposed constitutional amendment itself passed the Senate. Over a year later, the House accepted the change, and on April 8, 1913, the resolution became the 17th amendment.
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