states both direct and indirect representation in the federal government. The Senate was part of a formal bicameralism, with the members of the Senate and House responsible to completely distinct constituencies; this helped defeat the problem of the federal government being subject to "special interests". Members of the Constitutional Convention considered the Senate to be parallel to the British House of Lords as an "upper house", containing the "better men" of society, but improved upon as they would be conscientiously chosen by the upper houses of state legislatures for fixed terms, and not merely inherited for life as in the British system, subject to a monarch's arbitrary expansion. It was hoped they would provide abler deliberation and greater stability than the House of Representatives due to the senators' status. Issues According to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, those in favor of popular elections for senators believed two primary problems were caused by the original provisions: legislative corruption and electoral deadlocks. There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, for example, William A. Clark had his election voided after the Senate concluded that he had bought votes in the Montana legislature. But conservative analysts Bybee and Todd Zywicki believe this concern was largely unfounded; there was a "dearth of hard information" on the subject. In more than a century of legislative elections of U.S. senators, only ten cases were contested for allegations of impropriety. Electoral deadlocks were another issue. Because state legislatures were charged with deciding whom to appoint as senators, the system relied on their ability to agree. Some states could not, and thus delayed sending senators to Congress; in a few cases, the system broke down to the point where states completely lacked representation in the Senate. Deadlocks started to become an issue in the 1850s, with a deadlocked Indiana legislature allowing a Senate seat to sit vacant for two years. The tipping point came in 1865 with the election of John P. Stockton (D-NJ), which happened after the New Jersey legislature changed its rules regarding the definition of a quorum and was thus elected by plurality instead of by absolute majority. In 1866, Congress acted to