Eleanor Finch
The United States Senate, the upper house of the bicameral United States Congress, has a unique and crucial role in the federal government. The Senate, along with the House of Representatives, has the power to pass or defeat federal legislation, declare war, confirm or reject presidential appointments, and ratify or reject treaties. The Senate also has the power to try all impeachments and elect the vice president in the event of an electoral college tie. The composition and powers of the Senate are established in Article One of the US Constitution, which has been in continuous effect since March 4, 1789. This article will explore how the Senate fulfills its constitutional role through its various powers and procedures.
| Characteristics | Values |
|---|---|
| Number of senators | 100 |
| Length of term | Six years |
| Age requirement | 30 years |
| Citizenship requirement | 9 years |
| Residency requirement | Varies by state |
| Presiding officer | Vice President of the United States |
| Power to declare war | Granted by the Constitution |
| Approval of presidential appointments | Granted by the Constitution |
| Approval of treaties | Granted by the Constitution |
| Power to expel members | Granted by the Constitution |
| Use of filibuster | Allowed |
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What You'll Learn
The Senate's role in passing federal legislation
The United States Senate, the upper house of the bicameral US Congress, shares legislative power with the House of Representatives, the lower house. The US Constitution, specifically Article One, grants the Senate and the House of Representatives the authority to pass or defeat federal legislation.
The Senate's legislative business is managed and scheduled by the Senate's majority leader, who occasionally negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster, which can be broken by a supermajority of 60 senators invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, a simple majority can pass the bill.
A bill must pass both houses of Congress before it goes to the President for consideration. The President may veto bills passed by Congress, but Congress may override a veto with a two-thirds vote in both the Senate and the House of Representatives. If a bill is not returned by the President within ten days, it becomes law unless Congress by its adjournment prevents its return.
The Senate also has the exclusive authority to approve or reject presidential nominations to executive and judicial offices, and to provide or withhold its "advice and consent" to treaties negotiated by the executive. The Constitution provides that the president may only "make Treaties, provided two-thirds of the senators present concur".
The Senate has also played a role in shaping US military policy, agreeing to resolutions authorising the use of military force, and through its power to declare war.
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The Senate's power to confirm presidential appointments
The United States Senate is the upper house of the bicameral United States Congress, with the U.S. House of Representatives as the lower house. The composition and powers of the Senate are established in Article One of the U.S. Constitution, which has been in continuous effect since March 4, 1789.
The Senate plays a crucial role in confirming presidential appointments, which is a significant aspect of its constitutional function. This process involves the following steps:
Firstly, the president makes an official written nomination for a prospective appointment. This nomination is then forwarded to the appropriate committee in the Senate. The committee conducts a thorough review, which includes background investigations and financial disclosure forms. Nominees are also expected to complete committee questionnaires and prepare for potential scrutiny by familiarizing themselves with relevant resources.
Following the committee stage, the nomination is reported out and may be called for consideration and a vote by the full Senate. To proceed with the nomination, a simple majority support of senators present and voting is required. Generally, nominees can anticipate rigorous scrutiny from the Senate, but most are eventually confirmed.
The Appointments Clause of the Constitution outlines the requirement for the president to seek the advice and consent of the Senate when appointing certain positions. These include principal officers, such as ambassadors, public ministers, consuls, and judges of the Supreme Court. The Supreme Court has interpreted these requirements, distinguishing between principal officers and inferior officers.
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The Senate's role in approving treaties
The US Senate plays a crucial role in the treaty-making process, as outlined in the US Constitution. The Constitution's framers gave the Senate a share of the treaty-making power to provide a check on presidential power and ensure that each state has an equal vote in the process. This means that while the president can negotiate and sign treaties, they require the approval of two-thirds of the senators present to be ratified.
In the lead-up to the War of 1812, the Senate was also involved in negotiating and unanimously approving the Treaty of Ghent. In contrast, the Senate rejected the Treaty of Versailles, which ended World War I, after months of heated debate in 1919. This rejection highlighted the importance of securing Senate support for treaties and led to the inclusion of senators in subsequent negotiating delegations.
In recent decades, there has been a rise in "executive agreements," where presidents enter into international agreements without seeking the Senate's advice and consent. While these agreements are binding under international law, they do not go through the same approval process as formal treaties, highlighting the unique role the Senate plays in treaty-making.
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The Senate's authority to try impeachments
The United States Constitution grants the House of Representatives "sole Power of Impeachment" (Article I, Section 2, Clause 5), while the Senate has the "sole Power to try all Impeachments" (Article I, Section 3). This means that the House of Representatives charges an official, and then the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict.
The Constitution outlines three precise requirements for impeachment trials in the Senate:
- Members must be under oath during the proceedings.
- Conviction requires a two-thirds majority vote.
- The Chief Justice of the United States presides over the trial if the President is tried.
The Senate has the power to convict and remove from office any official of the federal government, including the President, Vice President, federal judges, and civil officers of the United States. The definition of "civil officers" is not explicitly defined in the Constitution, but it includes presidentially appointed principal officers, such as heads of agencies.
The Senate also has the authority to disqualify convicted officials from holding public office in the future, which can be done with a simple-majority vote. The impeachment process is not punitive, and convicted officials may still be subject to criminal or civil trial, prosecution, and conviction under the law.
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The Senate's role in the event of an electoral college tie
The United States Senate is the upper house of the bicameral United States Congress, with the House of Representatives being the lower house. The composition and powers of the Senate are established in Article One of the U.S. Constitution, which has been in continuous effect since March 4, 1789. Each of the 50 states is represented by two senators who serve staggered six-year terms, making a total of 100 members.
The Senate plays a crucial role in the event of an electoral college tie. If neither candidate receives a majority of the 538 electoral votes, the election for President is decided by the House of Representatives, with each state delegation having one vote. The Senate, meanwhile, elects the Vice-President, with each Senator casting one vote. A majority of Senators (51) is required to win.
In the case of an electoral college tie, the House of Representatives and the Senate take over and elect the President and Vice-President, respectively. This process underscores the Senate's role in resolving critical situations that arise during the electoral process.
The legislative and executive business of the Senate is managed and scheduled by the Senate's majority leader, who occasionally negotiates with the Senate's minority leader. A notable practice within the Senate is the filibuster, where senators can prolong debate on a topic to delay or prevent a vote. This tactic can be countered by a vote on cloture, which requires a supermajority of 60 votes to limit further debate and force a final vote on the matter.
Additionally, the Senate has the power to determine the rules of its proceedings, discipline its members for disorderly behaviour, and expel a member with a two-thirds concurrence. It also plays a significant role in ratifying treaties, as the Constitution stipulates that the president can only make treaties with the advice and consent of two-thirds of the senators present.
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Frequently asked questions
The Senate is the upper house of the bicameral United States Congress, with the House of Representatives being the lower house. Together, they have the authority to pass or defeat federal legislation. The Senate also has the exclusive power to confirm presidential appointments and ratify treaties.
Senators must be 30 years of age, US citizens for at least nine years, and residents of the state they represent.
There are 100 senators, 2 from each of the 50 states.
Senators serve staggered six-year terms, with about one-third of the Senate up for reelection every two years.
The Constitution grants Congress the sole power to declare war. While the Senate has the power to shape US military policy, only Congress can formally declare war.
