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Fionna and Cake
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"Fionna and Cake"
Adventure Time episode
"Fionna and Cake" tells a story within a story in which the show's main characters are gender-swapped. Here, from left to right: Fionna, Cake, and Prince Gumball, based on Finn, Jake, and Princess Bubblegum, respectively.
Episode no.
Season 3
Episode 9
Directed by
Larry Leichliter (director)
Cole Sanchez (creative director)
Nick Jennings (art director)
Written by
Adam Muto
Rebecca Sugar
Story by
Mark Banker
Kent Osborne
Patrick McHale
Pendleton Ward
Featured music
"Oh, Fionna" by Rebecca Sugar
Production code
1008-058[1]
Original air date
September 5, 2011
Running time
11 minutes
Episode chronology
← Previous
"Wizard Battle" Next →
"What Was Missing"
Adventure Time (season 3)
List of Adventure Time episodes
"Fionna and Cake" is the ninth episode of the third season of the American animated television series Adventure Time. The episode was written and storyboarded by Adam Muto and Rebecca Sugar, from a story by Mark Banker, Kent Osborne, Patrick McHale, and series creator Pendleton Ward. It originally aired on Cartoon Network on September 5, 2011.
The series follows the adventures of Finn (voiced by Jeremy Shada), a human boy, and his best friend and adoptive brother Jake (voiced by John DiMaggio), a dog with magical powers to change shape and grow and shrink at will. In this episode, Finn and Jake are forced to listen to The Ice King's fanfiction about the gender-swapped Fionna (voiced by Madeleine Martin) and Cake the cat (voiced by Roz Ryan). In his story, Fionna goes on a date with Prince Gumball (voiced by Neil Patrick Harris) and fights the evil Ice Queen (voiced by Grey DeLisle).
The concept of Fionna and Cake was based on sketches that series' character designer and storyboard revisionist Natasha Allegri made. Ward was pleased with her creations, and decided to canonize them. Originally, the episode did not feature the Ice Queen at all, and the middle part of the episode saw Fionna go on a date with Gumball to a restaurant; this subsequently changed. The episode was watched by 3.315 million people, making it—at the time—the most-watched episode of the series. "Fionna and Cake" received largely positive reviews from fans and critics alike. Two sequels to the episode—"Bad Little Boy" and "The Prince Who Wanted Everything"—were produced during the show's fifth and sixth season, respectively.
Contents
[hide]
1 Plot
2 Cast
3 Production
4 Reception
5 References
5.1 Footnotes
5.2 Bibliography
6 External links
Plot[edit]
Fionna and Cake are helping Prince Gumball decorate for the Biennial Gumball Ball when Gumball asks Fionna if she would like to go to it tonight with him. Their conversation is interrupted when the Ice Queen breaks into the castle and tries to kidnap Gumball. Fionna and Cake start to fight her before she mysteriously disappears. Gumball (who is apparently unharmed) arranges a date with Fionna. At the Tree Fort, Fionna and Cake argue over whether or not Gumball asked Fionna on a date. Cake decides to come along to help Fionna out. At the Castle Gardens, the two are met by Gumball and his steed Lord Monochromicorn. The group then flies through the air while Gumball serenades Fionna with the song "Oh, Fionna" and eventually asks her to be his girlfriend. When Fionna and Cake get to the ball, Prince Gumball takes Fionna to his room (decorated with candles and rose petals) and locks the door. She becomes flustered and backs away when he begins to take his shirt off. A drop of water lands on her shoulder, she looks up to see the real Prince Gumball trapped inside a giant icicle on the ceiling. The fake prince is revealed to be Ice Queen. Fionna is soon incapacitated; Cake senses trouble and rushes to her rescue.
Enraged by the deception, Fionna takes out the crystal sword to fight. The sword turns out to be another one of Ice Queen’s tricks and turns into a ball of ice around Fionna’s hands. Cake hears noises from downstairs and senses Fionna is in trouble. Undaunted, Fionna uses the ice to beat Ice Queen over the head. Ice Queen pushes her off with a burst of snow which allows Fionna to get close to enough to break Prince Gumball free and knock out the Ice Queen with a broken icicle. Cake bursts in and sees Gumball standing next to Fionna in her torn dress; she jumps to the wrong conclusion and lunges at him but Fionna stops Cake and tells her it was the Ice Queen all along. Just then Ice Queen recovers and blasts Cake away from Fionna only to have Fionna knock her magic tiara off which negates her powers. The real Gumball asks Fionna on a date and is turned down; Fionna notes that she does not need a boyfriend at the moment.
The episode reveals that the entire story was a fanfiction created by the Ice King that he is reading to Finn and Jake (who are incapacitated in ice). The Ice King asks how they enjoyed his story; Finn hesitates at first but hurriedly placates him when Ice King threatens them with his ice powers.
Cast[edit]
Neil Patrick Harris voiced Prince Gumball in the episode
"Fionna and Cake", taking place in a gender-swapped universe, likewise features gender-swapped versions of the inhabitants of Ooo. A list of the major characters that feature in "Fionna and Cake" follows.
Fionna (voiced by Madeleine Martin[2]) – Fionna is the gender-swapped version of Finn. Fionna is a brave and adventurous girl who struggles with issues pertaining to attraction and romance.[3][4]
Cake (voiced by Roz Ryan[2]) – Cake is the gender-swapped version of Jake, and is a cat instead of a dog. Cake is sarcastic and boisterous but is also Fionna's loyal friend.[3] Much like Jake, she possesses the power to stretch her body into a myriad of convoluted shapes.[4]
Prince Gumball (voiced by Neil Patrick Harris[5]) – Gumball is the gender-swapped version of Princess Bubblegum. He is the frequent victim of the Ice Queen's kidnapping schemes and appears that he harbors some sort of feelings for Fionna.[4][6]
The Ice Queen (voiced by Grey DeLisle[7]) – The Ice Queen is the gender-swapped version of the Ice King. Much like her male counterpart, the Ice Queen is constantly scheming to kidnap a mate (her most frequent target being Prince Gumball).[4][8]
Lord Monochromicorn – The gender-swapped version of Lady Rainicorn. While Lady speaks in Korean, Lord Monochromicorn communicates exclusively via Morse Code.[4][8][9] Lord Monochromicorn and Cake are in a relationship together.[4][8]
Production[edit]
"Fionna and Cake" was written and storyboarded by Rebecca Sugar and Adam Muto from a story developed by Mark Banker, Patrick McHale, Osborne, and series creator Pendleton Ward. The entry was directed by Larry Leichliter. The genesis for the episode were drawings that character designer and storyboard revisionist Natasha Allegri posted onto the internet during her free time.[10] Her creations were eventually canonized by the show's producers. Allegri even re-rerecorded the show's theme — which had originally been sung by series creator Pendleton Ward — for the episode.[11] Sugar intended "Fionna and Cake" to both be "a jab [and] a huge celebration of, [sic] the feeling of being fan" and "allowing something completely ridiculous to make your heart tighten".[12]
Sugar and Muto significantly changed the story from its original outline; the very first version of the episode did not feature the Ice Queen, the ball, or the crystal sword. The second act of the story featured Gumball and Fionna going on a date in a restaurant, rather than on an adventure. Sugar also wrote several lines for Marshall Lee — Marceline's male counterpart — but they were cut for time. Sugar "begged" Ward to let her work the character back into the story somehow, but the character only appeared in a non-speaking cameo.[12] Sugar originally wanted the character to be voiced by Dante Basco, although he would later be voiced by Donald Glover in the fifth season episode "Bad Little Boy".[12][13]
Neil Patrick Harris was Sugar's first choice to play Prince Gumball; she explained that she wanted to impress her brother Steven, who was "obsessed" with the Music Meister (portrayed by Harris) from Batman: The Brave and the Bold.[14] The scene which featured the song "Oh Fionna" was designed by Sugar to be a blend of the setting from the song "A Whole New World" from the 1992 film Aladdin, as well as scenes featuring the Romani Ranch aliens from Majora’s Mask.[14]
Reception[edit]
"Fionna and Cake" aired on Cartoon Network on September 5, 2011. The episode was viewed by 3.315 million viewers and saw a dramatic increase in the ratings for all boy demographics. It also marked a 42 percent increase in viewers when compared to a year earlier. At the time, this made "Fionna and Cake" the highest-rated entry of the series.[5] The episode first saw physical release as part of the 2013 Fionna and Cake DVD, which included 16 episodes from the series' first three seasons.[15]
Tyler Foster of DVD Talk praised the episode for its creativity and complimented the entry's humor and its message to girls. Furthermore, he applauded the song "Oh Fionna", calling it "wonderful".[16] Richard Whittaker of The Austin Chronicle noted that the episode was "an adventure in cross play". He felt that Fionna's characterization appealed to the show's universality and managed to also retain respect for the show's audience. and that the "strong but emotionally vulnerable" Cake was written in a way that successfully provided a female analog for Jake.[17]
Oliver Sava of The A.V. Club called the "Fionna and Cake" one of "the most fascinating aspects of the Adventure Time craze" in a review of the fifth season episode "Bad Little Boy". He wrote that "'Fionna and Cake' was reminiscent of the series' earlier episodes, in regards to its bright animation, well-paced plot, music, its successful blend of fantasy action and comedy, and its focus on character-based drama.[18] As a result, he felt that the entry was composed of elements that make the series as a whole great.[18] In a separate article, Sava named the entry one of the ten most representative episodes of the series and wrote that it is also "the most aggressively girl-friendly episode of the series".[19]
After it aired, "Fionna and Cake" was particularly successful with the fans of the series. Sava noted that although the characters had, at the time, appeared in only a single episode, they had quickly become two of the most popular characters from the show.[18] According to the Entertainment Examiner, fans of the series responded positively to the characters, and wanted them to appear in more episodes.[20]
References[edit]
Footnotes[edit]
Jump up ^ "The Beginning Of Wisdom Is To Call Things By Their Right Names". Frederator. April 6, 2011. Retrieved March 14, 2012.
^ Jump up to: a b Kepler, Adam (February 18, 2013). "What's on Monday". The New York Times. The New York Times Company. Retrieved September 8, 2013.
^ Jump up to: a b Olson, p. 104
^ Jump up to: a b c d e f "Adventure Time | Characters". Cartoon Network. Retrieved September 8, 2013.
^ Jump up to: a b Gorman, Bill (September 8, 2011). "Neil Patrick Harris Leads Cartoon Network's 'Adventure Time' To Best Ratings In Its 3-Season History". TV by the Numbers. Zap2it. Archived from the original on February 17, 2013. Retrieved January 11, 2013.
Jump up ^ Olson, p. 106
Jump up ^ "Grey DeLisle". Behind the Voice Actors. Retrieved September 8, 2013.
^ Jump up to: a b c Olson, p. 108
Jump up ^ "Niki Yang (Voice of Bmo) Interview: The Art of Storytelling". Gumship. January 9, 2013. Archived from the original on January 14, 2013. Retrieved January 22, 2013.
Jump up ^ Sims, Chris (August 10, 2011). "Adventure Time's Gender-Swapped Episode and the Art of Natasha Allegri". Comics Alliance. AOL. Archived from the original on August 31, 2012. Retrieved February 3, 2013.
Jump up ^ Seibert, Fred (July 25, 2011). "'Adventure Time with Fionna and Cake' Preview". Frederator Studios. Archived from the original on July 25, 2011. Retrieved February 3, 2013.
^ Jump up to: a b c Sugar, Rebecca (September 1, 2011). "Fionna and Cake, Monday at 8!!!". Tumblr. Retrieved June 24, 2013.
Jump up ^ Wolfe, Jennifer (January 22, 2013). "Neil Patrick Harris & Donald Glover Head to Adventure Time". Animation World Network. Retrieved January 23, 2013.
^ Jump up to: a b Sugar, Rebecca (September 6, 2011). "Oh Fionna". Tumblr. Retrieved June 25, 2013.
Jump up ^ "Adventure Time: Fionna & Cake 4". Amazon.com. Retrieved January 19, 2013.
Jump up ^ Foster, Tyler (February 5, 2013). "Adventure Time: Fionna and Cake: DVD". DVD Talk. Internet Brands. Retrieved June 19, 2013.
Jump up ^ Whittaker, Richard (February 23, 2013). "DVD Watch: 'Adventure Time: Fionna and Cake'". The Austin Chronicle. Austin Chronicle Corporation. Retrieved September 8, 2013.
^ Jump up to: a b c Sava, Oliver (February 18, 2013). "'Bad Little Boy' | Adventure Time | TV Club". The A.V. Club. The Onion. Retrieved September 8, 2013.
Jump up ^ Sava, Oliver (October 9, 2013). "Beneath Adventure Time's Weirdness Lies Surprising Emotional Complexity". The A.V. Club. The Onion. Retrieved October 9, 2013.
Jump up ^ "Marceline Gives Her Interpretation of Fionna and Cake in 'Bad Little Boy'". Entertainment Examiner. January 31, 2013. Retrieved February 6, 2013. (subscription required)
Bibliography[edit]
Olson, Martin (2013). The Adventure Time Encyclopaedia. Abrams Books. ISBN 9781419705649.
External links[edit]
"Fionna and Cake" on IMDb
"Fionna and Cake" at TV.com
[hide]
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"Is That You?"
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Stakes
"Bad Jubies"
"Crossover"
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Season 8
"Normal Man"
Islands
Season 9
"Orb"
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Seventeenth Amendment to the United States Constitution
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The Seventeenth Amendment in the National Archives
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the popular election of United States Senators by the people of the states. The amendment supersedes Article I, §3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.
The amendment was proposed by the 62nd Congress in 1912 and adopted in 1913 upon being ratified by three-fourths (36) of the state legislatures. It was first implemented in special elections in Maryland (November 1913) and Alabama (May 1914), then nationwide in the November 1914 election.
Contents
[hide]
1 Text
2 Background
2.1 Original composition
2.2 Issues
2.3 Calls for reform
3 Proposal and ratification
3.1 Proposal in Congress
3.2 Ratification by the states
4 Effect
4.1 Filling vacancies
4.2 First direct elections to the Senate
4.3 Interpretation and advocacy for reform or repeal
5 References
6 Bibliography
7 External links
Text[edit]
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 appointments 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.[1]
Background[edit]
Original composition[edit]
James Wilson, the only member of the Constitutional Convention who supported electing the United States Senate by popular vote.
Originally, under Article I, § 3, Clauses 1 and 2 of the Constitution, each state legislature elected its state's senators for a six-year term.[2] Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between the small and large states.[3] This contrasted with the House of Representatives, a body elected by popular vote, and was described as an uncontroversial decision; at the time, James Wilson was the sole advocate of popularly electing the Senate and his proposal was defeated 10–1.[4] There were many advantages to the original method of electing senators. Prior to the Constitution, a federal body was one where states effectively formed nothing more than permanent treaties, with citizens retaining their loyalty to their original state. However, under the new Constitution, the central government was granted substantially more power than before; the election of senators by the states reassured Anti-federalists that there would be some protection against the swallowing up of states and their powers by the federal government,[5] providing a check on the power of the federal government.[6]
Additionally, the longer terms and avoidance of popular election turned the Senate into a body that could "temper" the populism of the House. While the Representatives operated in a two-year direct election cycle, making them frequently accountable to their constituents, the senators could afford to "take a more detached view of issues coming before Congress".[7] State legislatures retained the theoretical right to "instruct" their senators to vote for or against proposals, thus giving the states both direct and indirect representation in the federal government.[8] The Senate was part of a formal bicameralism, with the members of the Senate and House responsible to completely distinct constituencies; this helped defeat the problem of the federal government being subject to "special interests".[9] Members of the Constitutional Convention considered the Senate to be parallel to the British House of Lords as an “upper house”, containing the "better men" of society, but improved upon as they would be conscientiously chosen by the upper houses of state republican legislatures for fixed terms, and not merely inherited for life as in the British system, subject to a monarch's arbitrary expansion. It was hoped that they would provide abler deliberation and greater stability than the House of Representatives due to the senators' status.[10]
Issues[edit]
According to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, those in favor of popular elections for senators believed that two primary problems were caused by the original provisions: legislative corruption and electoral deadlocks.[11] There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, for example, William A. Clark had his election voided after the Senate concluded that he had bought votes in the Montana legislature. But analysts Bybee and Todd Zywicki believe this concern was largely unfounded; there was a "dearth of hard information" on the subject.[12] In more than a century of legislative elections of U.S. senators, only 10 cases were contested for allegations of impropriety.[13]
Electoral deadlocks were another issue. Because state legislatures were charged with deciding whom to appoint as senators, the system relied on their ability to agree. Some states could not, and thus delayed sending representatives to Congress; in a few cases, the system broke down to the point where states completely lacked representation in the Senate.[14] Deadlocks started to become an issue in the 1850s, with a deadlocked Indiana legislature allowing a Senate seat to sit vacant for two years.[15] Between 1891 and 1905, 46 elections were deadlocked across 20 states;[13] in one extreme example, a Senate seat for Delaware went unfilled from 1899 until 1903.[16] The business of holding elections also caused great disruption in the state legislatures, with a full third of the Oregon House of Representatives choosing not to swear the oath of office in 1897 due to a dispute over an open Senate seat. The result was that Oregon's legislature was unable to pass legislation that year.[16]
Zywicki again argues that this was not a serious issue. Deadlocks were a problem, but they were the exception rather than the norm; many legislatures did not deadlock over elections at all. Most of those that did in the 19th century were the newly admitted western states, which suffered from "inexperienced legislatures and weak party discipline...as western legislatures gained experience, deadlocks became less frequent." While Utah suffered from deadlocks in 1897 and 1899, they became what Zywicki refers to as "a good teaching experience," and Utah never again failed to elect senators.[17] Another concern was that when deadlocks occurred, state legislatures were unable to conduct their other normal business; James Christian Ure, writing in the South Texas Law Review, notes that this did not in fact occur. In a deadlock situation, state legislatures would deal with the matter by holding "one vote at the beginning of the day—then the legislators would continue with their normal affairs".[18]
State legislative elections were perceived to have become dominated by the business of picking senators.[19] Senator John H. Mitchell noted that the Senate became the "vital issue" in all legislative campaigns, with the policy stances and qualifications of state legislative candidates ignored by voters who were more interested in the indirect Senate election.[20] To remedy this, some state legislatures created "advisory elections" that served as de facto general elections, allowing legislative campaigns to focus on local issues.[20]
Calls for reform[edit]
William Jennings Bryan, who campaigned for the popular election of U.S. Senators
Calls for a constitutional amendment regarding Senate elections started in the early 19th century, with Henry R. Storrs in 1826 proposing an amendment to provide for popular election.[21] Similar amendments were introduced in 1829 and 1855, with the "most prominent" proponent being Andrew Johnson, who raised the issue in 1868 and considered the idea's merits "so palpable" that no additional explanation was necessary.[22] In the 1860s, there was a major Congressional dispute over the issue, with the House and Senate voting to veto the appointment of John P. Stockton to the Senate due to his approval by a plurality of the New Jersey Legislature rather than a majority. In reaction, the Congress passed a bill in July 1866 that required state legislatures to elect senators by an absolute majority.[22]
By the 1890s, support for the introduction of direct election for the Senate had substantially increased, and reformers worked on two fronts. On the first front, the Populist Party incorporated the direct election of senators into its Omaha Platform, adopted in 1892.[23] In 1908, Oregon passed the first law that based the selection of U.S. senators on a popular vote. Oregon was soon followed by Nebraska.[24] Proponents for popular election noted that ten states already had non-binding primaries for Senate candidates,[25] in which the candidates would be voted on by the public, effectively serving as advisory referenda instructing state legislatures how to vote;[25] reformers campaigned for more states to introduce a similar method.
William Randolph Hearst opened a nationwide popular readership for direct election of U.S. Senators in a 1906 series of articles using flamboyant language attacking “The Treason of the Senate” in his Cosmopolitan Magazine. David Graham Philips, one of the "yellow journalists" whom President Teddy Roosevelt called “muckrakers”, described Nelson Aldrich of Rhode Island as the principal “traitor” among the “scurvy lot” in control of the Senate by theft, perjury, and bribes corrupting the state legislatures to gain election to the Senate. A few state legislatures began to petition the Congress for direct election of senators. By 1893, the House had the two-thirds vote for just such an amendment. However, when the joint resolution reached the Senate, it failed from neglect, as it did again in 1900, 1904 and 1908; each time the House approved the appropriate resolution, and each time it died in the Senate.[26]
On the second national legislative front, reformers worked toward a constitutional amendment, which was strongly supported in the House of Representatives but initially opposed by the Senate. Bybee notes that the state legislatures, which would lose power if the reforms went through, were supportive of the campaign. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and in the same year ten Republican senators who were opposed to reform were forced out of their seats, acting as a "wake-up call to the Senate".[25]
Reformers included William Jennings Bryan, while opponents counted respected figures such as Elihu Root and George Frisbie Hoar among their number; Root cared so strongly about the issue that after the passage of the Seventeenth Amendment, he refused to stand for re‑election to the Senate.[11] Bryan and the reformers argued for popular election through highlighting perceived flaws with the existing system, specifically corruption and electoral deadlocks, and through arousing populist sentiment. Most important was the populist argument; that there was a need to "Awaken, in the senators...a more acute sense of responsibility to the people", which it was felt they lacked; election through state legislatures was seen as an anachronism that was out of step with the wishes of the American people, and one that had led to the Senate becoming "a sort of aristocratic body – too far removed from the people, beyond their reach, and with no special interest in their welfare".[27] The settlement of the West and continuing absorption of hundreds of thousands of immigrants expanded the sense of "the people."
Hoar replied that 'the people' were both a less permanent and a less trusted body than state legislatures, and that moving the responsibility for the election of senators to them would see it passing into the hands of a body that "[lasted] but a day" before changing. Other counterarguments were that renowned senators could not have been elected directly, and that since a large number of senators had experience in the House, which was already directly elected, a constitutional amendment would be pointless.[28] The reform was considered by opponents to threaten the rights and independence of the states, who were "sovereign, entitled...to have a separate branch of Congress...to which they could send their ambassadors". This was countered by the argument that a change in the mode in which senators were elected would not change their responsibilities.[29]
The Senate freshman class of 1910 brought new hope to the reformers. Fourteen of the thirty newly elected senators had been elected through party primaries, which amounted to popular choice in their states. More than half of the states had some form of primary selection for the Senate. The Senate finally joined the House to submit the Seventeenth Amendment to the states for ratification, nearly ninety years after it first was presented to the Senate in 1826.[30]
By 1912, 239 political parties at both the state and national level had pledged some form of direct election, and 33 states had introduced the use of direct primaries.[31] Twenty-seven states had called for a constitutional convention on the subject, with 31 states needed to reach the threshold; Arizona and New Mexico each achieved statehood that year (bringing the total number of states to 48), and were expected to support the motion. Alabama and Wyoming, already states, had passed resolutions in favor of a convention without formally calling for one.[32]
Proposal and ratification[edit]
Proposal in Congress[edit]
In 1911, the House of Representatives passed House Joint Resolution 39 proposing a constitutional amendment for direct election of senators. The original resolution passed by the House contained the following clause:[33]
The times, places, and manner of holding elections for Senators shall be as prescribed in each State by the legislature thereof.
This so-called "race rider" clause would have strengthened the powers of states over senatorial elections and to weakened those of Congress by overriding Congress's power to override state laws affecting the manner of senatorial elections.[34]
Since the turn of the century, most blacks in the South, and many poor whites, had been disenfranchised by state legislatures passing constitutions with provisions that were discriminatory in practice. This meant that their millions of population had no political representation. Most of the South had one-party states. When the resolution came before the Senate, a substitute resolution, one without the rider, was proposed by Joseph L. Bristow of Kansas. It was adopted by a vote of 64 to 24, with 4 not voting.[35] Nearly a year later, the House accepted the change. The conference report that would become the Seventeenth Amendment was approved by the Senate 42 to 36 on April 12, 1912, and by the House 238 to 39, with 110 not voting on May 13, 1912.
Ratification by the states[edit]
Having been passed by Congress, the amendment was sent to the states for ratification and was ratified by:[36]
Massachusetts — May 22, 1912
Arizona — June 3, 1912
Minnesota — June 10, 1912
New York — January 15, 1913
Kansas — January 17, 1913
Oregon — January 23, 1913
North Carolina — January 25, 1913
California — January 28, 1913
Michigan — January 28, 1913
Iowa — January 30, 1913
Montana — January 30, 1913
Idaho — January 31, 1913
West Virginia — February 4, 1913
Colorado — February 5, 1913
Nevada — February 6, 1913
Texas — February 7, 1913
Washington — February 7, 1913
Wyoming — February 8, 1913
Arkansas — February 11, 1913
Maine — February 11, 1913
Illinois — February 13, 1913
North Dakota — February 14, 1913
Wisconsin — February 18, 1913
Indiana — February 19, 1913
New Hampshire — February 19, 1913
Vermont — February 19, 1913
South Dakota — February 19, 1913
Oklahoma — February 24, 1913
Ohio — February 25, 1913
Missouri — March 7, 1913
New Mexico — March 13, 1913
Nebraska — March 14, 1913
New Jersey — March 17, 1913
Tennessee — April 1, 1913
Pennsylvania — April 2, 1913
Connecticut — April 8, 1913
With 36 states having ratified the Seventeenth Amendment, it was certified by Secretary of State William Jennings Bryan on May 31, 1913, as part of the Constitution.[36] The amendment has subsequently been ratified by:
Louisiana — June 11, 1914
Alabama — April 11, 2002[37]
Delaware — July 1, 2010[38] (After rejecting the amendment on March 18, 1913)
Maryland — April 1, 2012[39][40][41]
Rhode Island – June 20, 2014
The Utah legislature rejected the amendment on February 26, 1913. No action on the amendment has been completed by: Florida,[42] Georgia, Kentucky, Mississippi, South Carolina, or Virginia.
Effect[edit]
The Seventeenth Amendment altered the process for electing United States Senators and changed the way vacancies would be filled. Under the original constitutional provision, state legislatures filled vacancies when a Senator left office before the end of their term.
The Seventeenth Amendment had a dramatic impact on the political composition of the U.S. Senate.[43] Before the Supreme Court required "one man, one vote" in Reynolds v. Sims (1964), malapportionment of state legislatures was common. For example, rural counties and cities could be given “equal weight” in the state legislatures, enabling one rural vote to equal 200 city votes. The malapportioned state legislatures would have given the Republicans control of the Senate in the 1916 Senate elections. With direct election, each vote represented equally, the Democrats retained control of the Senate.[44]
The reputation of corrupt and arbitrary state legislatures continued to decline as the Senate joined the House of Representatives implementing popular reforms. Judge Bybee has argued that the amendment led to complete "ignominy" for state legislatures without the props of a state-based check on Congress. Progressive measures were enacted to enable the federal government to supersede the discredited states repeatedly over decades.[45] However, Schleiches argues that the separation of state legislatures and the Senate has had a beneficial effect on the states, as it has allowed state legislative campaigns to focus on local rather than national issues.[20]
New Deal legislation is another example of expanding federal regulation overruling the state legislatures promoting their local state interests in coal, oil, corn and cotton.[46] Ure agrees, saying that not only is each Senator now free to ignore his state's interests, Senators "have incentive to use their advice-and-consent powers to install Supreme Court justices who are inclined to increase federal power at the expense of state sovereignty".[47] Over the first half of the 20th century, with a popularly elected Senate confirming nominations, both Republican and Democratic, the Supreme Court began to apply the Bill of Rights to the states, overturning state laws whenever they harmed individual state citizens.[48]
Filling vacancies[edit]
The Seventeenth Amendment says a state legislature may permit its governor to make temporary appointments, which last until a special election is held to fill the vacancy. As of 2009, all but four states — Massachusetts, Oregon, Wisconsin and Oklahoma — permit such appointments.[49] The Constitution does not set out how the temporary appointee is to be selected.
The Seventeenth Amendment requires a governor to call a special election to fill the vacancy.[50]
First direct elections to the Senate[edit]
Oklahoma, admitted to statehood in 1907, chose a Senator by legislative election three times: twice in 1907, when admitted, and once in 1908. In 1912, Oklahoma reelected Robert Owen by advisory popular vote.[51]
New Mexico, admitted to statehood in 1912, chose only its first two Senators legislatively. Arizona, admitted to statehood in 1912, chose its first two Senators by advisory popular vote. Alaska, and Hawaii, admitted to statehood in 1959, have never chosen a U.S. Senator legislatively.[51]
The first direct elections to the Senate following the Seventeenth Amendment being adopted were:[51]
In Maryland on November 4, 1913: a class 1 special election due to a vacancy, for a term ending in 1917.
In Alabama on May 11, 1914: a class 3 special election due to a vacancy, for a term ending in 1915.
Nationwide in 1914: All 32 class 3 senators, term 1915–1921
Nationwide in 1916: All 32 class 1 senators, term 1917–1923
Nationwide in 1918: All 32 class 2 senators, term 1919–1925
Interpretation and advocacy for reform or repeal[edit]
In Trinsey v. Pennsylvania (1991),[52] the United States Court of Appeals for the Third Circuit was faced with a situation where, following the death of Senator John Heinz of Pennsylvania, Governor Bob Casey had provided for a replacement and for a special election that did not include a primary.[53] A voter and prospective candidate, John S. Trinsey, Jr., argued that the lack of a primary violated the Seventeenth Amendment and his right to vote under the Fourteenth Amendment.[54] The Third Circuit rejected these arguments, ruling that the Seventeenth Amendment does not require primaries.[55]
Another subject of analysis is whether statutes restricting the authority of governors to appoint temporary replacements are constitutional. Vikram Amar, writing in the Hastings Constitutional Law Quarterly, claims that Wyoming's requirement that its governor fill a senatorial vacancy by nominating a person of the same party as the person who vacated that Senate seat violates the Seventeenth Amendment.[56] This is based on the text of the Seventeenth Amendment, which states that "the legislature of any state may empower the executive thereof to make temporary appointments". The amendment only empowers the legislature to delegate the authority to the governor and, once that authority has been delegated, does not permit the legislature to intervene. The authority is to decide whether or not the governor shall have the power to appoint temporary senators, not in what fashion he should do so.[57] Sanford Levinson, in his rebuttal to Amar, argues that rather than engaging in a textual interpretation, those examining the meaning of constitutional provisions should interpret them in the fashion that provides the most benefit, and that legislatures being able to restrict gubernatorial appointment authority provides a substantial benefit to the states.[58]
Due to the controversy over the effects of the Seventeenth Amendment, advocates have emerged to reform or repeal the amendment. Under President Barack Obama's administration in 2009, four sitting Democratic senators left the Senate for appointed executive branch positions: Barack Obama (President), Joe Biden (Vice President), Hillary Clinton (Secretary of State), and Ken Salazar (Secretary of the Interior). Controversies developed about the successor appointments made by Illinois Governor Rod Blagojevich and New York Governor David Paterson. New interest was aroused in abolishing the provision for the Senate appointment by the governor.[59] Accordingly, Senator Russ Feingold of Wisconsin[60] and Representative David Dreier of California proposed an amendment to remove this power; Senators John McCain and Dick Durbin became co-sponsors, as did Representative John Conyers.[59]
The Tea Party movement has been arguing for repealing the Seventeenth Amendment entirely, claiming that it would protect states' rights and reduce the power of the federal government.[61] On March 2, 2016, the Utah legislature approved Senate Joint Resolution No. 2 asking Congress to offer an amendment to the United States Constitution that would repeal the Seventeenth Amendment.[62]
John Daniel Davidson, a senior correspondent for The Federalist, wrote that the Seventeenth Amendment should be repealed, because the concerns leading to the amendment's adoption do not apply today and that state legislatures would be less likely to reelect Senators as often as occurs under popular election.[63]
References[edit]
Jump up ^ "The Constitution of the United States Amendments 11–27". National Archives and Records Administration. Retrieved 7 January 2011.
Jump up ^ Zywicki (1997) p. 169
Jump up ^ Vile (2003) p. 404
Jump up ^ Zywicki (1994) p. 1013
Jump up ^ Riker (1955) p. 452
Jump up ^ Bybee (1997) p. 516
Jump up ^ Bybee (1997) p. 515
Jump up ^ Zywicki (1994) p. 1019
Jump up ^ Zywicki (1997) p. 176
Jump up ^ Zywicki (1997) p. 180
^ Jump up to: a b Bybee (1997) p. 538
Jump up ^ Bybee (1997) p. 539
^ Jump up to: a b Zywicki (1994) p. 1022
Jump up ^ Bybee (1997) p. 541
Jump up ^ "Direct Election of Senators". United States Senate. Retrieved 26 June 2014.
^ Jump up to: a b Bybee (1997) p. 542
Jump up ^ Zywicki (1994) p. 1024
Jump up ^ Ure (2007) p. 286
Jump up ^ Bybee (1997) p. 543
^ Jump up to: a b c Schleicher, David (27 February 2014). "States' Wrongs". Slate. Retrieved 9 October 2014.
Jump up ^ Stathis, Stephen W. (2009). Landmark debates in Congress: from the Declaration of independence to the war in Iraq. CQ Press. p. 253. ISBN 978-0-87289-976-6. OCLC 232129877.
^ Jump up to: a b Bybee (1997) p. 536
Jump up ^ Boyer, Paul S.; Dubofsky, Melvyn (2001). The Oxford companion to United States history. Oxford University Press. p. 612. ISBN 978-0-19-508209-8. OCLC 185508759.
Jump up ^ “Direct Election of Senators”, United States Senate webpage, Origins and Development – Institutional.
^ Jump up to: a b c Bybee (1997) p. 537
Jump up ^ MacNeil, Neil and Richard A. Baker, The American Senate: An Insider’s History 2013, ISBN 978-0-19-536761-4. pp. 22–23.
Jump up ^ Bybee (1997) p. 544
Jump up ^ Bybee (1997) p. 545
Jump up ^ Bybee (1997) p. 546
Jump up ^ MacNeil, Neil and Richard A. Baker, The American Senate: An Insider’s History 2013, ISBN 978-0-19-536761-4. p. 23.
Jump up ^ Rossum (1999) p. 708
Jump up ^ Rossum (1999) p. 710
Jump up ^ https://www.archives.gov/legislative/features/17th-amendment/hjres39.html
Jump up ^ Zachary Clopton & Steven E. Art, "The Meaning of the Seventeenth Amendment and a Century of State Defiance", 107 Northwestern University Law Review 1181 (2013), pp. 1191-1192
Jump up ^ "17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators". August 15, 2016.
^ Jump up to: a b James J. Kilpatrick, ed. (1961). The Constitution of the United States and Amendments Thereto. Virginia Commission on Constitutional Government. p. 49.
Jump up ^ POM-309, House Joint Resolution No. 12, A joint resolution adopted by the Legislature of the State of Alabama relative to ratifying the Seventeenth Amendment to the United States Constitution, Volume 148 Congressional Record page 18241 (permanent, bound edition) and page S9419 (preliminary, soft-cover edition). September 26, 2002. Retrieved May 10, 2012.[chronology citation needed]
Jump up ^ "Formally Ratifying the 17th Amendment to the Constitution of the United States Providing for the Popular Election of Senators to the United States Senate". State of Delaware. Retrieved February 9, 2015.
Jump up ^ Senate Joint Resolution 2, April 1, 2012, retrieved April 29, 2012
Jump up ^ House Joint Resolution 3, April 1, 2012, retrieved April 29, 2012
Jump up ^ Bills signing May 22, 2012 (PDF), May 22, 2012, retrieved May 23, 2012
Jump up ^ At the time, Article XVI, Section 19, of the Florida Constitution provided that “No Convention nor Legislature of this State shall act upon any amendment of the Constitution of the United States proposed by Congress to the several States, unless such Convention or Legislature shall have been elected after such amendment is submitted.” The first legislature elected after such submission did not meet until April 5, 1913. See Fla. Const. of 1885, Art. III, § 2. By that time, the amendment had been ratified by 35 states, and, as noted above, would be ratified by the 36th state on April 8, 1913, a circumstance which made any action by the Florida Legislature unnecessary.
Jump up ^ Bybee (1997) p. 552.
Jump up ^ Bybee (1997) p. 552. Similarly, he believes the Republican Revolution of 1994 would not have happened; instead, the Democrats would have controlled 70 seats in the Senate to the Republicans' 30. See Bybee (1997) p. 553
Jump up ^ Bybee (1997) p. 535. This was partially fueled by the Senators; he wrote in the Northwestern University Law Review:
Politics, like nature, abhorred a vacuum, so senators felt the pressure to do something, namely enact laws. Once senators were no longer accountable to and constrained by state legislatures, the maximizing function for senators was unrestrained; senators almost always found in their own interest to procure federal legislation, even to the detriment of state control of traditional state functions.
See Bybee, p. 536.
Jump up ^ Rossum (1999) p. 715
Jump up ^ Ure (2007) p. 288
Jump up ^ Kochan (2003) p. 1053 Donald J. Kochan, for an article in the Albany Law Review, analyzed the effect of the Seventeenth Amendment on Supreme Court decisions over the constitutionality of state legislation. He found a "statistically significant difference" in the number of cases holding state legislation unconstitutional before and after the passage of the Seventeenth Amendment, with the number of holdings of unconstitutionality increasing sixfold. Besides the Seventeenth Amendment, decline in the influence of the states also followed economic changes. Zywicki observes that interest groups of all kinds began to focus efforts on the federal government, as national issues could not be directed by influencing only a few state legislatures of with Senators of the most seniority chairing the major committees. He attributes the rise in the strength of interest groups partially to the development of the U.S. economy on an interstate, national level. See Zywicki (1997) p. 215. Ure also argues that the Seventeenth Amendment led to the rise of special interest groups to fill the void; with citizens replacing state legislators as the Senate's electorate, with citizens being less able to monitor the actions of their Senators, the Senate became more susceptible to pressure from interest groups, who in turn were more influential due to the centralization of power in the federal government; an interest group no longer needed to lobby many state legislatures, and could instead focus its efforts on the federal government. See Ure (2007) p. 293
Jump up ^ Neale, Thomas H. (March 10, 2009). "Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments" (PDF). Congressional Research Service. p. 8.
Jump up ^ Vile (2010) p. 197
^ Jump up to: a b c Dubin, Michael J. (1998). United States Congressional elections, 1788–1997: the official results of the elections of the 1st through 105th Congresses. Jefferson, NC: McFarland. ISBN 0-7864-0283-0.
Jump up ^ Trinsey v. Pennsylvania , 941 (F.2d 1991).
Jump up ^ Gold (1992) p. 202
Jump up ^ Novakovic (1992) p. 940
Jump up ^ Novakovic (1992) p. 945
Jump up ^ Amar (2008) p. 728
Jump up ^ Amar (2008) pp. 729–30
Jump up ^ Levinson (2008) pp. 718–9
^ Jump up to: a b Hulse, Carl (March 10, 2009). "New Idea on Capitol Hill: To Join Senate, Get Votes". The New York Times. The New York Times Company. Retrieved September 19, 2011.
Jump up ^ S.J.Res.7 – A joint resolution proposing an amendment to the Constitution of the United States relative to the election of Senators., retrieved June 15, 2014
Jump up ^ Firestone, David (May 31, 2010). "So You Still Want to Choose Your Senator?". New York Times. The New York Times Company. Retrieved September 19, 2011.
Jump up ^ "SJR002". State of Utah.
Jump up ^ John Daniel Davidson (November 16, 2017). "To Avoid Debacles Like Roy Moore, Repeal The 17th Amendment". The Federalist. Retrieved November 17, 2017.
Bibliography[edit]
Amar, Vikram David (2008). "Are Statutes Constraining Gubernatorial Power to Make Temporary Appointments to the United States Senate Constitutional Under the Seventeenth Amendment?". Hastings Constitutional Law Quarterly. University of California, Hastings College of the Law. 35 (4). ISSN 0094-5617. SSRN 1103590  .
Bybee, Jay S. (1997). "Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment". Northwestern University Law Review. Northwestern University School of Law. 91 (1). ISSN 0029-3571.
Gold, Kevin M. (1992). "Trinsey v. Pennsylvania: State Discretion to Regulate United States Senate Vacancy". Widener Journal of Law and Public Policy. Widener University School of Law. 2 (1). ISSN 1064-5012.
Hoebeke, Christopher Hyde (1995). The road to mass democracy: original intent and the Seventeenth Amendment. Transaction Publishers. ISBN 1-56000-217-4.
Kochan, Donald J. (2003). "State Laws and the Independent Judiciary: An Analysis of the Effects of the Seventeenth Amendment on the Number of Supreme Court Cases Holding State Laws Unconstitutional". Albany Law Review. 66 (1). ISSN 0002-4678. SSRN 907518  .
Levinson, Sanford (2008). "Political Party and Senatorial Succession: A Response to Vikram Amar on How Best to Interpret the Seventeenth Amendment". Hastings Constitutional Law Quarterly. University of California, Hastings College of the Law. 35 (4). ISSN 0094-5617.
Novakovic, Michael B. (1992). "Constitutional Law: Filling Senate Vacancies". Villanova Law Review. Villanova University School of Law. 37 (1). ISSN 0042-6229.
Riker, William H. (1955). "The Senate and American Federalism". American Political Science Review. American Political Science Association. 49 (2). ISSN 0003-0554.
Rossum, Ralph A. (1999). "The Irony of Constitutional Democracy: Federalism, the Supreme Court, and the Seventeenth Amendment". San Diego Law Review. University of San Diego School of Law. 36 (3). ISSN 0886-3210.
Tushnet, Mark (2010). The Constitution of the United States of America: A Contextual Analysis. Hart Publishing. ISBN 978-1-84113-738-4.
Ure, James Christian (2007). "You Scratch My Back and I'll Scratch Yours: Why the Federal Marriage Amendment Should Also Repeal the Seventeenth Amendment". South Texas Law Review. South Texas College of Law. 49 (1). ISSN 1052-343X.
Vile, John R. (2003). Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789–2002 (2nd ed.). ABC-CLIO. ISBN 978-1-85109-428-8.
Vile, John R. (2010). A companion to the United States Constitution and its amendments (5th ed.). ABC-CLIO. ISBN 978-0-313-38008-2.
Zywicki, Todd J. (1994). "Senators and Special Interests: A Public Choice Analysis of the Seventeenth Amendment" (PDF). Oregon Law Review. University of Oregon School of Law. 73 (1). ISSN 0196-2043.
Zywicki, Todd J. (1997). "Beyond the Shell and Husk of History: The History of the Seventeenth Amendment and its Implications for Current Reform Proposals" (PDF). Cleveland State Law Review. Cleveland-Marshall College of Law. 45 (1). ISSN 0009-8876.
Wendy J. Schiller and Charles Stewart III (2013), The 100th Anniversary of the 17th Amendment: A Promise Unfulfilled?, Issues in Governance Studies, Number 59 May 2013
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