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U.S. Const. amend. XVII | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE VII. [Ratification and Establishment]

[Amendment XVII] [Popular Election of Senators]

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Cross references.

- Qualifications of electors, Ga. Const. 1983, Art. II, Sec. I, Paras. II and III; § 21-2-219.

Manner of filling vacancies in office, §§ 21-2-542,45-12-50 through45-12-52.

Editor's notes.

- U.S. Const., amend. 17 supersedes the first paragraph and that part of U.S. Const., art. I, sec. III, cl. 2 dealing with the manner in which senators are chosen and senatorial vacancies filled.

Law reviews.

- For note on malapportionment and the implications of Sanders v. Gray, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963), see 14 Mercer L. Rev. 401 (1963). For comment criticizing South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950), denying federal jurisdiction in apportionment case under Code 1933, § 34-3212, prior to Ga. L. 1964, Ex. Sess., p. 26, county unit system, see 2 Mercer L. Rev. 274 (1950). For comment on South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950), denying federal jurisdiction in case involving apportionment, see 2 Mercer L. Rev. 275 (1950). For comment on the right to vote as affected by state residency requirements, in light of Blumstein v. Ellington, 337 F. Supp. 323 (M.D. Tenn. 1970), aff'd sub nom. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (1972), see 5 Ga. L. Rev. 389 (1971).

JUDICIAL DECISIONS

Cited in King v. Chapman, 62 F. Supp. 639 (M.D. Ga. 1945); South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950); South v. Peters, 89 F. Supp. 672 (N.D. Ga. 1950); Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963); Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of Seventeenth Amendment to United States Constitution, providing for direct election of senators and filling vacancies in state's senatorial delegation, 68 A.L.R.6th 489.