Eleanor Finch
The Senate of the United States is one of the two chambers of the country's legislative branch, the Congress, and is composed of two senators from each state, serving six-year terms. The Senate holds extensive powers, including the sole power to try all impeachments, advise and consent to presidential appointments, consent to treaties with foreign governments, and elect the vice president in the event of an Electoral College deadlock. The Senate also has the power to declare war, regulate commerce with foreign nations and Native American tribes, and establish uniform rules of naturalization and bankruptcy laws. Additionally, the Senate can censure its members, expel members with a two-thirds vote, and judge the elections, returns, and qualifications of its members.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, which consists of the Senate and the House of Representatives |
| Composition | Two Senators from each state, chosen by the Legislature for six years, with each Senator holding one vote |
| Elections | Elections for Senators and Representatives are prescribed in each state by the Legislature, but Congress may alter regulations |
| Impeachment | The Senate has the sole power to try all impeachments, requiring a two-thirds majority for conviction |
| Presidential Impeachment | When the President of the United States is tried, the Chief Justice presides |
| Judgement | Judgement in cases of impeachment does not extend beyond removal from office and disqualification to hold any office under the United States |
| Federal Legislation | Senate approval is required to pass any federal legislation |
| Treaties | The Senate must consent to all treaties with foreign governments |
| Vice President | The Senate elects the vice president if no vice-presidential candidate receives a majority of votes in the Electoral College |
| Government Appointments | The Senate advises and consents to the President's government appointments |
| War | Congress has the sole power to declare war |
| Investigations | Congress has the power to investigate malfeasance in the executive branch |
| Filibuster | The Senate has the power to delay debate or block legislation through the use of filibuster |
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What You'll Learn
The Senate can try impeachments
The United States Constitution grants the Senate the sole power to try impeachments. This means that the Senate can hold impeachment trials and vote to convict or acquit the impeached official. The House of Representatives has the sole power to impeach an official, which means that it can charge an official with "treason, bribery, or other high crimes and misdemeanors." After the House of Representatives approves articles of impeachment by a simple majority vote, it sends them to the Senate for trial.
The Senate has broad discretion in establishing the procedures for impeachment trials. When sitting for an impeachment trial, the Senate sits as a High Court of Impeachment, and its members must be under oath or affirmation. When the President of the United States is tried, the Chief Justice must preside, and a two-thirds majority of the Members present is required to convict. This two-thirds majority is also required to convict in other cases, according to some sources. However, one source states that a simple majority vote is sufficient for the Senate to bar an individual convicted in a Senate impeachment trial from holding future federal office.
The penalty for an impeached official upon conviction is removal from office. Additionally, the Senate may disqualify such officials from holding public offices in the future. However, impeachment proceedings are remedial rather than punitive in nature, and conviction does not result in further punishment, such as the loss of a pension. The removed official may still be liable to criminal prosecution under a subsequent criminal proceeding.
In the history of the United States, only three presidents have been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021. All three impeachment trials ended in acquittal.
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The Senate can elect the vice president
The United States Constitution grants the Senate several unique functions to "check and balance" the federal government's powers. One of these powers is the ability to elect the vice president if no vice-presidential candidate receives a majority of votes in the Electoral College.
The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. This situation occurred in 1837, when the Senate elected Richard Mentor Johnson, a former senator from Kentucky, as vice president. Johnson had served in Congress for 30 years and was a close friend of the outgoing president, Andrew Jackson. However, he was a controversial figure who openly acknowledged his slave mistress and their daughters. Johnson's detractors alleged that he owed his vice-presidential nomination to his dubious claim that he had killed the Indian chieftain Tecumseh during the War of 1812.
The Senate's power to elect the vice president is an important check on the executive branch and ensures that the office is filled even in the event of an Electoral College deadlock. This power has only been exercised once in US history, demonstrating the rarity of such occurrences.
The vice president's role has evolved since the office's creation during the 1787 Constitutional Convention. While initially serving as the runner-up in presidential contests, the vice president's role has expanded to include advising the president, governing, and representing the president. The vice president is also a statutory member of the US Cabinet and National Security Council, influencing national security matters and executive governance.
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The Senate can declare war
The U.S. Constitution outlines the powers of the Senate, which, together with the House of Representatives, forms the Congress. Article I of the Constitution states that "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
While the Constitution does not explicitly mention the Senate's power to declare war, Article I, Section 8 grants Congress the authority to declare war. This interpretation is supported by Article I, which establishes the Senate as a part of Congress, and therefore vested with the power to declare war.
The Senate's role in declaring war is further highlighted by its constitutional responsibilities, which include the power to "advise and consent" to treaties with foreign governments and to confirm presidential appointments of ambassadors and public ministers. These powers indicate that the Senate has a significant role in foreign affairs and international relations, which aligns with its ability to influence war declarations.
Historically, the United States has formally declared war on foreign nations in five separate conflicts, with the last formal declaration of war occurring in 1942 against Hungary, Bulgaria, and Romania. Since then, American presidents have used military force without official declarations of war. However, Congress has continued to shape military policy through resolutions authorizing the use of force, appropriations, and oversight.
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The Senate can expel its members
The U.S. Constitution grants Congress—which consists of the Senate and the House of Representatives—legislative powers. The Senate has the sole power to try all impeachments, and two-thirds of the members present must concur with the conviction.
The Senate can also expel its members. Article I, Section 5, of the U.S. 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 involves an investigation, during which an investigatory subcommittee collects evidence, talks to witnesses, and holds an adjudicatory hearing. The subcommittee then votes on whether the member is found to have committed the actions in question and subsequently votes on recommendations. If expulsion is recommended, the report is referred to the full House of Representatives or the Senate, where members may vote to accept, reject, or alter the report's recommendation.
In the entire history of the United States Congress, 21 members have been expelled: 15 from the Senate and six from the House of Representatives. Of these 21 members, 17 were expelled for supporting the Confederate States in 1861 and 1862. One member, Senator William K. Sebastian of Arkansas, had his expulsion posthumously reversed.
In many instances, members under serious threat of expulsion resigned. For example, in 1862, Senator James F. Simmons, a Republican from Rhode Island, resigned after the Judiciary Committee reported that the charges of corruption against him were "essentially correct". In 1906, Senator Joseph R. Burton, a Republican from Kansas, also resigned. There have also been cases where investigations were carried out, but expulsion was rejected, insufficient evidence was found, or the member's term expired.
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The Senate can approve presidential appointments
The legislative powers of the US government are vested in a Congress, which is made up of the Senate and the House of Representatives. The Senate has several unique functions that allow it to "check and balance" the powers of other elements of the federal government. One of these functions is the power to approve presidential appointments.
The US Constitution's Appointments Clause gives the President the power to appoint principal officers, such as ambassadors, ministers, and consuls, with the "advice and consent" of the Senate. This means that the President nominates individuals to these positions, and the Senate must approve the nominations. The Senate also has the power to approve the appointment of federal judges, including Supreme Court justices.
The process of Senate confirmation varies depending on the position being filled and the specific circumstances. Typically, a nominee is first subject to a hearing before a Senate committee. The nomination is then considered by the full Senate. In some cases, Senate committees may purposely fail to act on a nomination to block it, or the President may withdraw a nomination if it appears unlikely to be confirmed. Outright rejections of nominees on the Senate floor are relatively rare.
The requirement for Senate approval of presidential appointments is an important check on the executive power of the President. It ensures that the individuals appointed to key government positions have been vetted and approved by a body that is independent of the executive branch. This helps to promote accountability and transparency in the appointment process and prevents the concentration of power in a single branch of government.
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Frequently asked questions
The Senate must approve federal legislation for it to pass. The Senate also has the power to advise and consent to presidential appointments, consent to treaties with foreign governments, and elect the vice president in the event of an Electoral College deadlock.
The Senate has the sole power to try all impeachments. They serve as the jury and judge in impeachment trials. When the President of the United States is tried, the Chief Justice presides, and a two-thirds majority is required for conviction.
The Constitution grants Congress, which consists of the Senate and the House of Representatives, the sole power to declare war.
The Senate has the power to determine the rules of its proceedings and discipline its members. They can also delay or block legislation through the filibuster procedure. Additionally, the Senate can introduce appropriations bills and amend general appropriation bills.
According to Article I, Section 3 of the Constitution, senators must be at least 30 years old and have been citizens of the United States for at least nine years.
