Montana 2025 Regular Session

Montana Senate Bill SJ22

Introduced
3/25/25  
Refer
3/25/25  
Engrossed
4/5/25  
Refer
4/7/25  

Caption

Joint resolution to repeal the 17th amendment to the US constitution

Summary

SJ 22 is a Montana joint resolution urging Congress to propose a federal 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 senators, provide for their salary and benefits, establish liaison committees, and retain authority to remove senators. The resolution is largely declaratory and political rather than self-executing: it does not change Montana law on its own, but instead asks the Montana congressional delegation and Congress to act on a constitutional amendment. It also directs the Secretary of State to transmit copies of the resolution to federal leaders and the state’s congressional delegation. If adopted nationally, the proposal would significantly alter the method of selecting U.S. senators and the relationship between state governments and the federal Senate.

Impact

Because SJ 22 is a joint resolution calling for a federal constitutional amendment, it does not directly amend Montana statutes or create a new state regulatory program. Its practical legal effect is limited to expressing the Legislature’s position and formally petitioning Congress to consider repeal of the Seventeenth Amendment. If the proposed amendment were ever adopted, it would shift senatorial selection from statewide popular elections back to state legislative appointment and would increase state legislative involvement in senatorial oversight and removal.

Sentiment

The bill appears to have support from a meaningful but not majority coalition in the Montana Senate, where it passed committee and cleared second and third reading by narrower margins than a simple consensus measure. However, it ultimately failed in the House, where the vote not to concur was decisive, and the bill died in process. Overall, the sentiment in the Legislature was mixed: supportive among proponents of state sovereignty and federalism, but not strong enough to secure final passage.

Contention

The main point of contention is the core policy choice of whether U.S. senators should be elected directly by voters or chosen by state legislatures. Supporters frame repeal of the Seventeenth Amendment as a restoration of federalism, state authority, and the original constitutional design, while opponents likely viewed it as a rollback of direct democratic election and a reduction in voter control over senators. The bill’s proposed provisions on state-paid salaries, legislative removal power, and liaison committees also underscore concerns about increased state control over federal officeholders.

Companion Bills

No companion bills found.

Previously Filed As

MT HJ25

Joint house resolution calling for the repeal of the 17th Amendment

MT HCM2010

Constitutional amendment; U.S. senators; repeal

MT HCR74

To repeal the 17th amendment to the U.S. Constitution

MT HCR9

To repeal the 17th amendment to the U.S. Constitution

MT HCR69

Expressing support for the repeal of the 17th Amendment to the U.S. Constitution.

MT HJR14

This joint resolution proposes a constitutional amendment repealing the Sixteenth Amendment to the Constitution. The Sixteenth Amendment to the Constitution, ratified in 1913, specifies that Congress may collect federal income taxes.

MT S2463

Resolutions for a United States Constitutional Amendment and a limited amendment proposing convention

MT H3842

Resolutions for a United States constitutional amendment and a limited amendment proposing convention

MT HCR68

Expressing support for the repeal of the 16th Amendment to the U.S. Constitution.

MT SJR1

A joint resolution proposing an amendment to the Constitution of the United States relative to limiting the number of terms that a Member of Congress may serve.

Similar Bills

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

CA SB699

Legislature: constitutional course.

TX SJR54

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.

TX HJR98

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.

HI SB2265

Proposing Amendments To The Hawaii State Constitution To Enable Legislation By The People.

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.

HI SB2315

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii State Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.