Simone Lawson
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 has several unique functions that form its ability to 'check and balance' the powers of other elements of the federal government. These include the power to advise and consent to the president's government appointments, approve or reject treaties, and try all impeachments.
| Characteristics | Values |
|---|---|
| Powers | To pass or defeat federal legislation, to confirm U.S. presidential appointments, to approve or reject treaties, to convict or exonerate impeachment cases, to elect the vice president in the event of an Electoral College deadlock, to advise and consent to the president's government appointments, to choose its own president, to declare war, to punish its members for disorderly behaviour, to originate appropriation bills, to approve bills imposing taxes |
| Constraints | Cannot originate revenue bills, cannot initiate bills imposing taxes, cannot originate appropriation bills or bills authorizing expenditure of federal funds, cannot remove officials once they have been appointed, cannot choose its own president |
| Qualifications | Must be at least 30 years old, must have been a US citizen for at least 9 years, must be an inhabitant of the state they seek to represent |
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What You'll Learn
The Senate's power to elect the vice president
The United States Senate is the upper house of Congress, with the House of Representatives being the lower house. 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. The delegates who gathered in Philadelphia in 1787 debated the idea of a Congress made up of two houses, one of which would be the "grand depository of the democratic principle of government". The Senate, on the other hand, was envisioned as a small, deliberative, and independent body.
The Senate has the power to elect the vice president if no candidate receives a majority of votes in the Electoral College. This power is derived from the Twelfth Amendment, which requires the Senate to choose from the two candidates with the highest numbers of electoral votes. This situation is rare, and the Senate has only broken a deadlock once, in 1837, when it elected Richard Mentor Johnson.
The vice president is also the president of the Senate and can break a tie vote. The vice president's role in the Senate has diminished over time as their role in the executive branch has expanded. The vice president is indirectly elected at the same time as the president to a four-year term by the people of the United States through the Electoral College.
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The Senate's role in passing federal legislation
The United States Senate is the upper house of the bicameral United States Congress, with the House of Representatives being the lower house. The Senate plays a crucial role in passing federal legislation, as outlined in the US Constitution.
The Constitution grants Congress the power to pass or defeat federal legislation, with the Senate having the final say on any laws passed. This is known as the "checks and balances" system, where the Senate can act as a counterbalance to the powers of other elements of the federal government. However, it is important to note that the House of Representatives has the power to initiate revenue and appropriation bills, as per the Origination Clause of the Constitution. This means that the Senate cannot introduce bills imposing taxes or authorizing the expenditure of federal funds.
The process of passing federal legislation in the Senate involves several steps. Firstly, bills can be introduced in either chamber of Congress, and each Senator has one vote. The bill is then assigned to a committee, where it is debated and voted on. If released by the committee, the bill is then debated and voted on by the full Senate. A simple majority (51 out of 100) is required to pass the bill. The Senate may pass non-controversial bills with little to no debate, while more controversial bills may require more extensive discussion and negotiation.
The Senate also has the power to amend general appropriation bills, adding or altering provisions related to expenditure. This power has been described as "the widest possible scope" by Woodrow Wilson. Additionally, the Senate must consent to all treaties with foreign governments and has the exclusive power to confirm presidential appointments to executive and judicial branch posts. The Senate also plays a role in electing the vice president in the event of a deadlock in the Electoral College.
In conclusion, the Senate's role in passing federal legislation is significant, as it provides a check and balance on the powers of the executive and judicial branches of government. The Senate's rules and procedures favour deliberation over quick action, allowing for a thorough consideration of proposed laws.
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The Senate's authority to confirm presidential appointments
The United States Senate has the exclusive power to confirm or reject U.S. presidential appointments, a power that has been jealously guarded by the Senate since its inception. This power is derived from the Appointments Clause of the United States Constitution, which outlines the process by which the president nominates and appoints public officials.
The Appointments Clause states that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States." This clause gives the Senate the authority to provide advice and consent on presidential appointments, making it an essential check and balance on the executive branch's power.
The Senate's role in confirming presidential appointments is not without constraints. For example, the president may make recess appointments during a congressional recess without the Senate's advice and consent. These appointments are temporary and expire at the end of the next congressional session. Additionally, the Supreme Court has held that while the Senate's advice and consent are required for the appointment of certain executive branch officials, it is not necessary for their removal.
The Appointments Clause also distinguishes between two types of officers: principal officers and inferior officers. Principal officers, such as ambassadors, Cabinet secretaries, and federal judges, must be appointed by the president and confirmed by the Senate. On the other hand, inferior officers are those whose appointment Congress may place with the President, judiciary, or department heads.
The Senate's power to confirm presidential appointments is a crucial aspect of the checks and balances system in the United States Constitution, ensuring accountability and preventing the concentration of power in any one branch of government.
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The Senate's ability to approve or reject treaties
The United States Constitution grants the Senate the power to approve or reject treaties. Treaties are binding agreements between nations and become part of international law. They also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".
The Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur (Article II, Section 2). This means that the Senate must consent to all treaties with foreign governments. The Senate has carefully guarded this prerogative and has the final responsibility for completing the treaty-making process.
The Senate has considered and approved for ratification almost all treaties negotiated by the president and his representatives. However, the president has no obligation to ratify a Senate-approved treaty, and in some cases, the president has declined to do so. Additionally, in recent decades, presidents have frequently entered into international agreements without the advice and consent of the Senate, known as "executive agreements". While not brought before the Senate for approval, executive agreements are still binding on the parties under international law.
The Senate's power to approve or reject treaties is intended to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process. For example, when the Jay Treaty was submitted to the Senate for approval in 1795, the treaty's opponents demanded that the terms of the agreement be renegotiated, but Federalist senators secured its approval. In another instance, the Senate rejected the Treaty of Versailles, which ended World War I and established the League of Nations, after months of heated debate.
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The Senate's power to try impeachment cases
The United States Constitution grants the Senate the "sole power to try all impeachments". The impeachment process is a fundamental component of the system of checks and balances. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Senate trial resembles a civil service termination appeal, and the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding.
The Senate's impeachment trial begins at 1 pm on the day after articles of impeachment are delivered, except for Sundays. Senators are sworn in for the trial, and the proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations. The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys. Senators must take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private.
A two-thirds vote of the Senate is required to convict, and the penalty for an impeached official upon conviction is removal from office. The convicted official may also be barred from holding public offices in the future by a separate vote. The president may not grant a pardon in the impeachment case but may do so in any resulting federal criminal case.
The president, vice president, and all civil officers of the United States are subject to impeachment for "treason, bribery, or other high crimes and misdemeanors". The definition of "high crimes and misdemeanors" has long been debated, as it was not specified in the Constitution.
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Frequently asked questions
The Senate is the upper house of the bicameral US Congress, with the House of Representatives being the lower house. The Senate has 100 members, with two senators from each state serving staggered six-year terms.
The Senate has the power to confirm US presidential appointments, approve or reject treaties, and convict or exonerate impeachment cases brought by the House. The Senate also has the power to elect the vice president if no candidate receives a majority of votes in the Electoral College. Additionally, the Senate can declare war, regulate commerce, and control taxes and spending.
The Senate's powers are balanced by the House of Representatives, which has the power to initiate revenue bills and impeach government officials. The Senate and House must also present resolutions or votes to the President for approval, and these can only be passed without his approval by a two-thirds majority in both houses.
According to Article I, Section 3 of the Constitution, senators must be at least 30 years old, have been citizens of the US for at least nine years, and be inhabitants of the states they seek to represent.
