Electing the Senate: Indirect Democracy before the Seventeenth Amendment

Author(s):  
Wendy J. Schiller ◽  
Charles Stewart III
Author(s):  
Wendy J. Schiller ◽  
Charles Stewart

This chapter integrates findings on indirect elections with current scholarship on the impact of the adoption of the Seventeenth Amendment and onset of direct elections. It constructs a comprehensive counterfactual analysis that helps demonstrate what the political outcomes would have been with direct elections in place since the founding, and in contrast, what Senate elections would look like after 1913 if indirect elections were still in place. It also addresses the question of whether U.S. senators represented states as units and responded to state governmental concerns more under the indirect system than they do under direct elections. It argues that indirect election had little impact on the Senate's overall partisan composition prior to 1913. Contrary to widespread belief, had direct election been in effect during the years immediately preceding the Seventeenth Amendment's passage, Republicans, not Democrats, would have benefited.


Author(s):  
Wendy J. Schiller ◽  
Charles Stewart III

From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. This book investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. The book finds that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. The book uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. The book raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


1996 ◽  
Vol 83 (3) ◽  
pp. 1052
Author(s):  
Raffaella Baritono ◽  
C. H. Hoebeke

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