Joint house resolution calling for the repeal of the 17th Amendment
Summary
House Joint Resolution 25 is a memorializing resolution asking the U.S. Congress to propose a constitutional amendment repealing the Seventeenth Amendment. The resolution argues that U.S. senators should again be selected by state legislatures rather than by direct popular election, and it lays out a proposed replacement framework in which each state legislature would choose its senators, provide for their compensation, and retain authority to remove them. It also proposes that state legislatures create liaison committees to communicate with senators and review federal legislation and treaties.
The resolution does not directly change Montana statutes or state administrative law. Instead, it expresses the Legislature’s position on federal constitutional change and directs copies to be sent to federal leaders and Montana’s congressional delegation. If adopted at the federal level, the proposed amendment would significantly alter the method of selecting U.S. senators and would increase the formal role of state legislatures in senatorial selection, oversight, and removal.
The general sentiment in the bill text is strongly supportive of restoring legislative selection of senators and of strengthening state influence within the federal system. The resolution frames the Seventeenth Amendment as having weakened federalism and shifted power toward the federal government, while praising the original constitutional design and the role of state legislatures as a check on federal authority. The floor vote suggests the measure was controversial and did not command majority support in the House.
The main point of contention is the core policy choice between direct election of senators and selection by state legislatures. Supporters of the resolution emphasize federalism, state sovereignty, and the framers’ original design; opponents likely viewed repeal as a step backward from direct democratic accountability and voter choice, although no committee transcript is available here. The bill ultimately failed on second reading after receiving a favorable committee recommendation, indicating that it had some support but not enough to advance.
Impact
HJ25 would not amend Montana law by itself, but it would place the Legislature on record urging Congress to initiate a constitutional amendment repealing the Seventeenth Amendment. The resolution would, if adopted federally, shift U.S. senatorial selection from statewide popular elections to selection by state legislatures, authorize state legislatures to establish liaison committees and removal procedures, and require states to provide for senators’ pay and benefits. In practical terms, it is a federal constitutional policy statement rather than an operative state statute.
Sentiment
The bill’s tone is strongly pro-federalism and pro-state-legislature, with the text arguing that direct election of senators has weakened the states and upset the constitutional balance. The committee vote was narrowly favorable, but the House floor vote was decisively negative, suggesting that while the proposal had a committed base of support, it faced substantial opposition and did not gain broad legislative backing. The final outcome—died in process—indicates the measure was not ultimately embraced by the chamber.
Contention
The central controversy is whether U.S. senators should be chosen by voters directly or by state legislatures. Supporters of HJ25 argue that legislative selection would restore state influence, improve checks and balances, and align with the framers’ intent; critics would likely argue that repealing the Seventeenth Amendment would reduce democratic participation and return power to political insiders. The recorded votes show the bill cleared committee but failed on the House floor, reflecting a split between a smaller supportive bloc and a larger majority opposed to changing the current system.