William Price TEDARDS, Jr.; Monica Wnuk; Barry Hess; Lawrence Lilien; Ross Trumble, Plaintiffs-Appellants,
v.
Doug DUCEY, Governor of Arizona, in his official capacity; Martha McSally, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 13, 2019 Pasadena, California.
Spencer G. Scharff , Scharff PLLC, Phoenix, Arizona, for Amici Curiae Vox Populi Foundation and Arizona Advocacy Network Foundation.
Theresa Amato and Carlton Mosley , Shearman & Sterling LLP, Washington, D.C., for Amici Curiae Professors Erwin Chemerinsky, Helen Hershkoff, Alexander Keyssar, Lawrence Lessig, and Sanford Levinson.
Michael A. Curtis , Law Offices of Michael A. Curtis, Phoenix, Arizona; Robert S. Lynch and Caroline G. Lynch , Robert S. Lynch & Associates, Phoenix, Arizona; for Amici Curiae Irrigation and Electrical Districts' Association of Arizona (IEDA) and Arizona Municipal Power Users' Association (AMPUA).
Concurrence by Judge Collins.
OPINION
M. SMITH, Circuit Judge:
In 1913, the Seventeenth Amendment fundamentally changed the structure of our national government by providing that United States Senators be "elected by the people." U.S. Const. amend. XVII para. 1. Prior to the adoption of the Seventeenth Amendment, the Constitution gave the power of choosing Senators...
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