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Bill Summary · LC 3367

Legislative bill overview

This joint resolution proposes to repeal the 17th Amendment to the U.S. Constitution, which established the direct popular election of U.S. Senators. If passed by Montana and ratified by three-fourths of all states, it would restore the pre-1913 system where state legislatures appointed senators directly. The bill is currently in the drafting phase and has not yet been formally introduced to the legislature.

Why is this important

This change would fundamentally alter how Americans select their federal representation and shift significant power from voters to state legislatures. It represents a direct challenge to democratic principles established over a century ago and would require unprecedented constitutional amendment ratification. The outcome would affect campaign finance, lobbying dynamics, and the relationship between state and federal governance.

Potential points of contention

  • Democratic representation: Removing direct voter election of senators undermines popular sovereignty; voters would lose direct say in selecting half of Congress
  • State legislature accountability: Legislators appointing senators may prioritize party interests over constituent interests, with less transparency than public elections
  • Federalism concerns: Restoring this power shifts substantial influence to state governments, but debate exists over whether this strengthens or weakens appropriate state-federal balance
  • Precedent and practicality: No amendment has been repealed since Prohibition; the 27-state ratification threshold (currently ~34 states) makes passage extraordinarily unlikely, raising questions about legislative intent

Compiled from official sources — confirm details with the bill’s official record.

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