Skip to content
Founding Reader

A ratification question

Would six-year Senate terms provide stability or weaken the states' control over their senators?

Madison argues that state election of senators and staggered terms prevent the Senate from becoming permanently dominant. The Federal Farmer and Martin want recall, rotation, or shorter terms to preserve dependence on the appointing states.

The provisions

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Article I, Section. 3.: 7, read the complete text.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

Article I, Section. 3.: 8, read the complete text.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Article I, Section. 6.: 20, read the complete text.

Selected readings

Federalist

Federalist No. 63

The Independent Journal, March 1, 1788

Before such a revolution can be effected, the Senate, it is to be observed, must in the first place corrupt itself; must next corrupt the State legislatures; must then corrupt the House of Representatives; and must finally corrupt the people at large. It is evident that the Senate must be first corrupted before it can attempt an establishment of tyranny. Without corrupting the State legislatures, it cannot prosecute the attempt, because the periodical change of members would otherwise regenerate the whole body. Without exerting the means of corruption with equal success on the House of Representatives, the opposition of that coequal branch of the government would inevitably defeat the attempt; and without corrupting the people themselves, a succession of new representatives would speedily restore all things to their pristine order. Is there any man who can seriously persuade himself that the proposed Senate can, by any possible means within the compass of human address, arrive at the object of a lawless ambition, through all these obstructions?

Federalist No. 63: 17, read the complete text.

Anti-Federalist

Federal Farmer, Letter XI

January 10, 1788 (Pamphlet 2, Letters VI-XVIII)

The people of this country have not been accustomed to so long appointments in their state governments, they have generally adopted annual elections. The members of the present congress are chosen yearly, who, from the nature and multip[l]icity of their business, ought to be chosen for longer periods than the federal senators — Men six years in office absolutely contract callous habits, and cease, in too great a degree, to feel their dependance, and for the condition of their constituents. Senators continued in offices three or four years, will be in them longer than any popular erroneous opinions will probably continue to actuate their electors — men appointed for three or four years, will generally be long enough in office to give stability, and amply to acquire political information. By a change of legislators, as often as circumstances will permit, political knowledge is diffused more extensively among the people, and the attention of the electors and elected more constantly kept alive; circumstances of infinite importance in a free country. Other reasons might be added, but my subject is too extensive to admit of my dwelling upon less material points.

Federal Farmer, Letter XI: 9, read the complete text.

Luther Martin's Genuine Information

Address to the Maryland House of Delegates, delivered November 29, 1787; published serially in the Maryland Gazette, December 28, 1787 - February 8, 1788

To prove this, — and that the Senate, as constituted, could not be a security for the protection and preservation of the state governments, and that the senators could not be considered the representatives of the states, as states, — it was observed that, upon just principles, the representative ought to speak the sentiments of his constituents, and ought to vote in the same manner that his constituents would do, (as far as he can judge,) provided his constituents were acting in person, and had the same knowledge and information with himself; and therefore that the representative ought to be dependent on his constituents, and answerable to them; that the connection between the representatives and the represented ought to be as near and as close as possible. According to these principles, Mr. Speaker, in this state it is provided, by its Constitution, that the representatives in Congress shall be chosen annually, shall be paid by the state, and shall be subject to recall even within the year — so cautiously has our Constitution guarded against an abuse of the trust reposed in our representatives in the federal government; whereas, by the third and sixth section of the first article of this new system, the senators are to be chosen for six years, instead of being chosen annually; instead of being paid by their states who send them, they, in conjunction with the other branch are to pay themselves out of the treasury of the United States, and are not liable to be recalled during the period for which they are chosen. Thus, sir, for six years, the senators are rendered totally and absolutely independent of their states, of whom they ought to be the representatives, without any bond or tie between them. During that time, they may join in measures ruinous and destructive to their states, even such as should totally annihilate their state governments; and their states cannot recall them, nor exercise any control over them.

Luther Martin's Genuine Information: 63, read the complete text.

Why these readings?

Federalist 63 restates the danger before answering it; any excerpt must include Madison's answer rather than showing only the objection he quotes.