Omar Bennett
The United States Senate is a chamber of the bicameral United States Congress, established in Article I of the US Constitution, which outlines its structure and powers. The Senate was first convened in 1789, modelled after the ancient Roman Senate, and has since played a unique role in the federal government. The Constitution outlines several functions for the Senate, including advising and consenting to the president's government appointments, consenting to treaties, and trying impeachments. The Senate, along with the House of Representatives, has the authority to pass or defeat federal legislation, providing a check and balance on the powers of the executive and judicial branches. The characteristics of the Senate, such as representation, the number of senators per state, qualifications for office, and terms of service, were the subject of intense debate during the Constitutional Convention in 1787. The Senate has continued to evolve, but its role in the federal government remains rooted in the nation's founding documents.
| Characteristics | Values |
|---|---|
| Formation | The Senate was formed on the example of the ancient Roman Senate. The name is derived from the Latin "senatus", meaning council of elders. |
| First convened | 1789 |
| Number of senators | 2 from each state, resulting in 100 senators in total since 1959 |
| Term length | Six years, staggered so that one-third are chosen every two years |
| Minimum age | 30 years old |
| Citizenship | Must be a citizen of the United States for at least nine years |
| Residence | Must be an inhabitant of the state for which they are elected |
| Compensation | Senators shall receive compensation for their services, to be ascertained by law, and paid out of the US Treasury |
| Powers | Ability to "check and balance" the powers of other elements of the federal government, including consenting to the president's appointments, treaties, and impeachment cases |
| Legislative role | Required for passing any federal legislation |
| Legislative initiation | Cannot initiate bills imposing taxes or appropriation bills |
| Presidency | Vice President of the US is the President of the Senate but can only vote if the Senate is equally divided |
| Rules | Does not adopt a new set of rules at the start of each Congress |
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What You'll Learn
The Senate's role in the US federal government
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 Senate was first convened in 1789 and was formed on the example of the ancient Roman Senate. The name is derived from the Latin "senatus", meaning council of elders.
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 Constitution's Article Five also stipulates that no constitutional amendment may deprive a state of its equal suffrage in the Senate without that state's consent. The characteristics of the Senate, such as the basis of representation, the number of senators per state, the qualifications for office, the terms of service, and the powers that the body exercises, were the product of fierce debate and compromise during the Constitutional Convention in 1787.
The Senate consists of 100 members, with each of the 50 states being represented by two senators who serve staggered six-year terms. Senators must be at least thirty years old, have been citizens of the United States for nine years, and be inhabitants of the states for which they are chosen. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who occasionally negotiates with the Senate's minority leader.
The Senate has several unique functions that form its ability to "check and balance" the powers of other elements of the federal government. These include the requirement that the Senate may advise and must consent to some of the president's appointments, as well as approve all treaties with foreign governments. The Senate also tries all impeachments and elects the vice president if no person gets a majority of the electoral votes. While bills may be introduced in either chamber of Congress, the Senate does not have the power to initiate revenue-raising or appropriation bills. Senate approval is, however, required to pass any federal legislation.
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The structure and powers of Congress
The United States Senate is a chamber of the bicameral United States Congress, with the U.S. House of Representatives being the lower house. The framers of the United States Constitution established in Article I the structure and powers of Congress. The characteristics of the Senate—such as the basis of representation, the number of senators per state, the qualifications for office, the terms of service, and the powers that the body exercises—were the product of fierce debate and compromise.
The Senate of the United States is composed of two senators from each state, resulting in 100 senators since the country has had 50 states since 1959. Senators must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are chosen. The seats of 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. The vice president of the United States serves as presiding officer and president of the Senate, and may only vote if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the most senior member of the Senate's majority party, presides over the Senate.
The Senate and the House of Representatives have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate also has exclusive powers, including the power to confirm presidential appointments, approve or reject treaties, and convict or exonerate impeachment cases brought by the House. The Senate must also consent to all treaties with foreign governments and elect the vice president in the event that no person gets a majority of the electoral votes. The Senate does not have the power to initiate bills imposing taxes or appropriation bills.
The Senate has been described as a uniquely counter-majoritarian institution, with its apportionment scheme based on states rather than population, resulting in a small-state advantage. The filibuster also enables a minority of the chamber to block action. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who occasionally negotiates some matters with the Senate's minority leader.
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The Senate's relationship with the House of Representatives
The Senate and the House of Representatives are both chambers of the bicameral United States Congress, with the Senate being the upper house and the House of Representatives being the lower house. The two bodies work together to pass or defeat federal legislation. The Senate, however, has exclusive powers, including confirming US presidential appointments, approving or rejecting treaties, and convicting or exonerating impeachment cases brought by the House.
The Senate has long been regarded as a more prestigious and deliberative body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which have historically fostered a more collegial and less partisan atmosphere. The Senate is also considered a "continuing body" because two-thirds of its members are carried over from Congress to Congress, whereas the entire membership of the House of Representatives is elected every two years.
The Constitution's Origination Clause stipulates that "All bills for raising Revenue shall originate in the House of Representatives," effectively barring the Senate from introducing revenue bills. This restriction is based on the practice of the Parliament of the United Kingdom, where money bills approved by Parliament originate in the House of Commons. The House of Representatives also holds that the Senate does not have the authority to originate appropriation bills or bills authorizing the expenditure of federal funds.
The Senate and the House of Representatives have distinct election procedures. Senators are elected by their respective states and serve staggered six-year terms, with one-third of the Senate's members being elected or reelected every two years. In contrast, members of the House of Representatives are elected every two years and represent their congressional districts.
The balance of power in the Senate and the House of Representatives can impact legislative agendas and public policy priorities. For example, a narrowly divided House may require coalition-building and bipartisan cooperation to pass legislation. Lobbyists and public affairs professionals closely monitor the makeup of both chambers to influence policy outcomes and connect with decision-makers.
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![Courts cannot change the Constitution : speech of Hon. J.R. Doolittle, of Wisconsin ; in the United States Senate, February 24, 1860 1860 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
The Senate's ability to check and balance powers
The United States Senate is a chamber of the bicameral United States Congress and is the upper house, with the US House of Representatives being the lower house. The Senate was first convened in 1789 and was formed on the example of the ancient Roman Senate, with the name derived from the Latin 'senatus', meaning council of elders.
The Senate has several unique functions that form its ability to check and balance the powers of other elements of the federal government. These include:
- The Senate may advise and must consent to some of the president's government appointments.
- The Senate must consent to all treaties with foreign governments.
- The Senate tries all impeachments.
- The Senate elects the vice president if no person gets a majority of the electoral votes.
- The Senate confirms presidential appointments.
- The Senate approves or rejects treaties.
- The Senate convicts or exonerates impeachment cases brought by the House.
The Constitution divides the government into three branches: legislative, executive, and judicial. This division of powers ensures that no one branch can accumulate too much power. For example, the legislative branch makes laws, but the president of the executive branch can veto those laws. Similarly, the legislative branch makes laws, but the judicial branch can declare them unconstitutional.
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The Senate's composition and requirements to be a Senator
The composition of the Senate and the requirements to become a Senator are outlined in the US Constitution, specifically in Article I, which establishes the structure and powers of Congress. The Senate is composed of two Senators from each state, ensuring equal representation. This was established at the Constitutional Convention in Philadelphia in 1787, known as the "Great Compromise" or the "Connecticut Compromise".
To become a Senator, an individual must meet the following requirements as outlined in the Constitution: they must be at least thirty years old, have been a citizen of the United States for at least nine years, and be an inhabitant of the state they represent at the time of their election. These qualifications were influenced by British and state precedents, and delegates at the Constitutional Convention debated the specific qualifications, including age, citizenship, and residency requirements.
The age requirement of thirty years for senators was influenced by English law, which set a minimum age of 21 for members of Parliament. Some states in the US also had similar age restrictions for legislators. The citizenship requirement was debated, with delegates considering the length of citizenship required before taking office. The nine-year citizenship provision was eventually passed, balancing the concerns of foreign influence in the Senate and ensuring that naturalized citizens of merit were not excluded.
In addition to the age and citizenship requirements, there have been discussions and considerations regarding other qualifications for senators. For example, during the Constitutional Convention, delegates voted against proposed religion and property requirements. The rotation of senators and the carry-over of two-thirds of its members from one Congress to the next also contribute to the Senate's unique characteristics.
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Frequently asked questions
The Senate is the upper house of the bicameral United States Congress. It works alongside the US House of Representatives, which is the lower house. The Senate and House have the authority under Article One of the US Constitution to pass or defeat federal legislation.
To be a Senator, one must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are elected. Senators are compensated for their services and are paid out of the Treasury of the United States.
The Senate is composed of two Senators from each state. The Senate has 100 senators who serve staggered six-year terms. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader.
