Eleanor Finch
The US Senate is a powerful body with a range of constitutional duties and responsibilities. The composition and powers of the Senate are established in Article One of the US Constitution, which has been in effect since 1789. The Senate's key functions include legislation, budgetary oversight, and confirmation of presidential appointments. Additionally, the Senate is responsible for impeachment trials and treaty ratifications. Each state is represented by two senators who serve six-year terms, and they play a crucial role in shaping US policies and making laws. The Senate also has the authority to confirm certain presidential nominees and approve treaties. With its unique powers and role in the legislative process, the Senate is an essential component of the US political system.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of the Senate and House of Representatives |
| Composition | Each of the 50 states is represented by two senators, totalling 100 members |
| Term | Senators serve staggered six-year terms |
| Election | Since 1913, senators have been elected through a statewide popular vote |
| Powers | The power to confirm certain presidential nominees to the federal judiciary and certain executive branch positions, and the power to approve treaties |
| Vice President | Serves as president of the Senate and can vote in the case of a tie |
| Impeachment | The Senate has the sole power to conduct impeachment trials and can remove officials by a two-thirds vote |
| Congressional Investigations | The Senate has the power to investigate malfeasance in the executive branch and elsewhere in American society |
| Congressional Powers | The power to declare war, regulate commerce, establish naturalization laws, and more |
| Rules and Procedures | Each house may determine the rules of its proceedings, punish members for disorderly behaviour, and expel members with a two-thirds vote |
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What You'll Learn
The Senate has the power to confirm presidential nominees
The U.S. Constitution grants the Senate the power to confirm presidential nominees to the federal judiciary and executive branch positions. This power serves as a check on the president's power and ensures transparency and accountability in the appointment process. The confirmation process involves vetting nominees to ensure they are qualified for their roles and free from conflicts of interest.
The Senate's role in confirming presidential nominees begins with the relevant committee, such as the Foreign Relations Committee or the Armed Services Committee, holding hearings and voting on whether to recommend the nominee to the full Senate. The committee may examine the nominee's qualifications, experience, integrity, and potential conflicts of interest. If the committee gives a favourable recommendation, the nomination proceeds to the full Senate for consideration.
In the full Senate, senators engage in a period of debate to discuss the nominee's qualifications and any concerns. This debate can be ended if a majority of senators vote for cloture. After the debate, the Senate holds a final vote, and the nominee must receive a majority of the votes to be confirmed. If the nominee is confirmed, they can assume their role; otherwise, the president must select a new nominee, and the process starts over.
The Senate's power to confirm presidential nominees is an important aspect of the legislative process and helps ensure that individuals appointed to key positions are vetted, qualified, and fit to serve in positions of public trust. This process applies to nominees for Cabinet members, judges, and other high-ranking executive branch officials, who will make policy decisions that impact people's everyday lives.
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The Senate can approve treaties
The United States Constitution grants the Senate the power to approve treaties. This is one of the two unique responsibilities of the Senate, the other being the confirmation of certain presidential nominees to the federal judiciary and executive branch positions. The process of approving treaties involves referring them to the Foreign Relations Committee, where they are considered and reported on. The Senate can then consider the treaty on the floor, following similar procedures to those used for legislation.
For a treaty to be ratified, the Constitution requires the approval of two-thirds of the voting Senators. This is in contrast to congressional-executive agreements, which only require a simple majority in the Senate and the House of Representatives to pass. Treaties can cover a wide range of topics and have had significant impacts on US history. For example, the Louisiana Purchase and the Boundary Waters Treaty of 1909, which governs shared waterways with Canada, were both made through treaties.
In recent times, presidents have sometimes entered into international agreements without seeking the advice and consent of the Senate, in what are known as "executive agreements". While these agreements are not subject to Senate approval, they are still binding on the parties under international law. Examples of recent congressional-executive agreements include the North American Free Trade Agreement (NAFTA) and the United States' entry into the World Trade Organization.
The role of the Senate in approving treaties is outlined in Article 2, Section 2 of the Constitution, which states that the president has the power "by and with the advice and consent of the Senate" to make treaties, provided that two-thirds of the Senators present concur. While the Constitution does not specify how the Senate should advise the president on treaty matters, the Senate plays a significant role in the adoption of international treaties. Treaties pending in the Senate in recent years have covered a range of topics, including environmental protection, tax agreements, and the protection of cultural property in armed conflict.
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The vice president serves as president of the Senate
The U.S. Constitution outlines the composition and powers of the Senate in Article One, which has been in continuous effect since March 4, 1789. One of the key provisions in the Constitution is that the vice president serves as the president of the Senate.
While the vice president is not an elected member of the Senate, they are empowered to vote in the Senate in the case of a tie. However, this is not a requirement, and vice presidents are not obliged to vote. Historically, one of the vice president's principal duties was to preside over Senate sessions. This included receiving from the states the tally of electoral ballots cast for president and vice president and opening the certificates in the presence of the Senate and House of Representatives so that the votes could be counted.
In recent decades, the role of the vice president in Senate proceedings has evolved. Since the 1950s, vice presidents have typically presided over Senate debates only on ceremonial occasions or when a tie vote is anticipated on significant issues. These ceremonial occasions include swearing in new senators, joint sessions, or announcing the results of important legislation or nominations.
The vice president's role as president of the Senate is distinct from their other responsibilities and underscores the importance of the Senate in the U.S. political system.
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The Senate has the power to impeach government officials
The U.S. Constitution grants the Senate several constitutional duties and powers, including the ability to confirm certain presidential nominees and approve treaties. One of its most significant powers is the ability to impeach government officials.
Impeachment is a process by which a legislature may bring charges against an office holder for alleged misconduct, with the potential penalty of removal from office. This process can occur at the federal level, as well as at the state, tribal, and local levels of government. The Senate has the sole power to try all impeachments, acting as a High Court of Impeachment.
The impeachment process begins in the House of Representatives, which can impeach a party with a simple majority vote. The House of Representatives charges an official of the federal government with "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" has long been debated and is not explicitly defined in the Constitution. Once the House has approved articles of impeachment, they are sent to the Senate for trial.
During the trial, the Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds majority is required to convict and remove an official from office. The Senate can also, with a simple majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office. This process demonstrates the Senate's role in providing a check on the executive branch and ensuring accountability for government officials.
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The Senate can expel its members
The U.S. Constitution outlines the duties and responsibilities of the Senate. One such power is the ability to expel its members. Article I, Section 5, of the Constitution states that each house of Congress may "punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member."
The process of expulsion is not taken lightly and involves a thorough investigation. An investigatory subcommittee will be formed to collect evidence, interview witnesses, and hold hearings. The subcommittee will then vote on whether the member is found to have committed the actions in question and will make recommendations. If expulsion is recommended, the report will be referred to the full Senate, where members can accept, reject, or alter the recommendation. The final decision to expel requires a two-thirds majority vote.
In the history of the United States Senate, only 15 members have been expelled. One notable case was that of Senator William K. Sebastian of Arkansas, whose expulsion was posthumously reversed. Other senators, such as James F. Simmons and Joseph R. Burton, resigned before the Senate could vote on their expulsion.
The Senate has the power to expel its members to maintain the integrity of the legislative body and ensure that its members uphold the standards of their office. This power is an important tool to hold senators accountable for their actions and behaviour.
It is important to note that censure, a less severe form of disciplinary action, has been more commonly used over the years as it requires a lower threshold of votes to impose.
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Frequently asked questions
The Senate is one of two distinct branches of the United States Congress, the other being the House of Representatives.
The Senate has the power to approve treaties made by the executive branch. The Constitution requires that two-thirds of voting Senators agree for a treaty to be ratified. The Senate also has the power to confirm certain presidential nominees to the federal judiciary and certain executive branch positions.
The Senate is responsible for judging its own elections, determining the qualifications of its members, and punishing or expelling its members. The Senate also has the power to regulate the times, places, and manner of holding elections for Senators.
The Senate has the sole power to conduct impeachment trials, serving as both jury and judge.
The Senate has the power to declare war. The Senate also has the duty to receive the tally of electoral votes for president and the vice president may cast tie-breaking votes.
