Eleanor Finch
The Senate is the Voice of the States and has a wide range of powers and procedures. The US Senate has the power to try impeachments and elect a president pro tempore. The Senate also has the authority to approve or reject presidential appointments, consent to treaties with foreign governments, and elect the vice president if no person gets a majority of electoral votes. The Senate can also censure its members and expel them with a two-thirds majority. Additionally, the Senate has a long history of using the filibuster to delay or block legislation. Committee chairs hold extensive powers and influence, and the majority leader has the right of first recognition to speak before any other senator regarding legislation.
| Characteristics | Values |
|---|---|
| Power to declare war | Congress has declared war on 11 occasions |
| Power to expel members | Since 1789, the Senate has expelled 15 members |
| Power to censure members | Since 1789, the Senate has censured nine of its members |
| Power to elect a president pro tempore | The president pro tempore presides over the chamber in the vice president's absence |
| Power to elect the vice president | The Senate elects the vice president if no person gets a majority of the electoral votes |
| Power to try impeachments | The Senate has tried 20 federal officials, including three presidents |
| Power to approve presidential appointments | The Senate reviews and approves or rejects presidential appointees to executive and judicial branch posts |
| Power to approve treaties | The Senate must consent to all treaties with foreign governments |
| Power to approve federal legislation | Senate approval is required to pass any federal legislation |
| Power to approve bills | The Senate does not have the power to initiate bills imposing taxes |
| Power to control the agenda | The Senate has control over its agenda, including budgetary and policy discussions |
| Power to delay legislation | The Senate has a long history of using the filibuster to delay debate or block legislation |
| Power to determine rules | Each house may determine the rules of its proceedings |
| Power to shape policy | The Senate shapes policy through appropriations and oversight |
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What You'll Learn
The Senate has the power to try impeachments
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2). It also states that the Senate has the "sole Power to try all Impeachments" (Article I, section 3). This means that the Senate serves as a jury and judge during impeachment trials.
The impeachment process involves charging and trying an official of the federal government for "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been debated. The House of Representatives brings articles (charges) of impeachment against an official, which, if approved by a simple majority vote, constitutes impeachment. The official being impeached is then tried by the Senate, which sits as a High Court of Impeachment. During the trial, senators are constitutionally required to sit on oath or affirmation, and a two-thirds majority vote is required to convict the impeached official.
If convicted, the official is automatically removed from office, and the Senate may stipulate that they be banned from holding office in the future. However, no further punishment is permitted during the impeachment proceedings. The impeached official may still face criminal penalties in a regular court of law.
Since 1789, the Senate has tried 20 federal officials, including three presidents: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021. All three presidents were acquitted, with the Senate falling one vote short of the required two-thirds majority for conviction in Johnson's case.
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Senators can be censured or expelled
The US Senate has a wide range of powers and procedures, including the power to censure or expel senators. Censure is a formal statement of disapproval, a form of discipline used by the Senate against its members. It is a public rebuke, but it does not remove a senator from office or deny them their rights or privileges. Since 1789, the Senate has censured nine of its members. Some senators have opted to withdraw from their re-election races rather than face censure or expulsion, such as Robert Torricelli in 2002.
The US Constitution provides that each house of Congress may "punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The Senate has the sole power to conduct impeachment trials and try all impeachments, serving as a jury and judge. The Constitution grants Congress the sole power to declare war, and the Senate must consent to all treaties with foreign governments.
The Senate also has the power to elect a president pro tempore, who presides over the chamber in the vice president's absence and is typically the senator of the majority party with the longest record of continuous service. Committee chairs are elected, and they hold extensive powers, including controlling the committee's agenda and managing the consideration of bills on the floor of the full Senate.
The "right of first recognition" gives the majority leader the ability to speak before any other senator regarding legislation, giving them significant influence over the institution's proceedings. The minority leader, on the other hand, does not have this right or the power to set the floor agenda.
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The Senate confirms presidential appointments
The United States Constitution grants the Senate the power to confirm presidential appointments. This is an essential part of the separation of powers between the legislative and executive branches of the government. The Senate confirms presidential appointments to the president's cabinet, the military, and the judiciary. The Senate also confirms appointments to international organizations and the White House staff.
The confirmation process for presidential appointments involves the president nominating a person for a post, which is then reviewed and voted on by the relevant committee of the Senate. If the committee votes in favor of the appointment, the full Senate then debates and votes on whether to confirm it. Any senator can put forward a motion to block a nomination, and if it is successful, the nomination is blocked. The confirmation process ensures that the president's cabinet is composed of qualified individuals who are approved by the Senate.
The number of positions requiring Senate confirmation varies by administration, but it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and commissions also require confirmation. Recent administrations have included approximately 1,200 positions requiring Senate confirmation.
The Senate's power to confirm presidential appointments is an important check on the executive branch and helps to ensure that the individuals appointed to these positions are qualified and suitable for the role. The confirmation process is a critical element of the United States government, as it allows for a separation of powers and a system of checks and balances.
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The Senate can delay or block legislation
The Senate has a long history of using the filibuster to delay or block legislation. A filibuster is a term dating back to the 1850s in the United States. Unlimited debate remained in place in the Senate until 1917, when the Senate adopted Rule 22, allowing the Senate to end a debate with a two-thirds majority vote. This procedure is known as cloture.
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 consent to some of the president's government appointments, and the Senate must consent to all treaties with foreign governments.
The Senate also has the power to try impeachments and elect the vice president if no person gets a majority of the electoral votes. The House of Representatives has the power to impeach a government official, but the Senate has the sole power to conduct impeachment trials, serving as a jury and judge. A conviction requires a two-thirds majority of the senators present, and the convicted official is automatically removed from office. The Senate may also stipulate that the defendant be banned from holding office.
Committee chairs are elected, but in practice, seniority is rarely bypassed. The chairs hold extensive powers, including the power to disapprove or delay a bill or nomination by the president. They control the committee's agenda and decide how much time to devote to the consideration of a bill. They also have considerable influence, and senators who cooperate with their committee chairs are likely to accomplish more for their states than those who do not.
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The Senate has committee chairs with extensive powers
The Senate has extensive powers in the US political system. It has the power to try impeachments, to elect the vice president if no person gets a majority of electoral votes, and to approve or reject presidential appointments, among other things. The Senate also has committee chairs with extensive powers.
Committee chairs are elected, but in practice, seniority is rarely bypassed. The chairs hold extensive powers: they control the committee's agenda and decide how much time to devote to the consideration of a bill. They can also disapprove or delay a bill or a nomination by the president. They manage the consideration of those bills the committee reports on the floor of the full Senate. This role was particularly important in the mid-century when floor amendments were thought to be non-collegial. They also have considerable influence: senators who cooperate with their committee chairs are likely to accomplish more good for their states than those who do not.
There are 16 standing committees, 4 special/select committees, and 4 joint committees with the House of Representatives. The few restrictions on committee membership are intended to treat senators equitably in the assignment process. When a state is represented by two senators from the same party, they may not serve together on the same committee. Additionally, each senator is limited to service on two of the "A" committees and one of the "B" committees. Service on "C" committees is unrestricted, and memberships on "A" committees are generally more powerful.
The president pro tempore, committee chairs, and some other officials are generally from the majority party. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats. The next-largest party is known as the minority party. Independents and members of third parties are not considered in determining the majority party.
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Frequently asked questions
The Senate has the sole power to try impeachments and conduct impeachment trials, serving as both jury and judge. The House of Representatives has the power to impeach a government official, but the Senate must then conduct the trial. Senators are constitutionally required to sit on oath or affirmation during an impeachment trial, and conviction requires a two-thirds majority vote.
The Senate shares full legislative power with the House of Representatives. Senate approval is required to pass any federal legislation. The Senate also has the power to block legislation through the use of the filibuster, a procedure that allows for unlimited debate. However, since 1917, Rule 22 has allowed the Senate to end a debate with a two-thirds majority vote.
The Senate has the power to review and approve or reject presidential appointments to executive and judicial branch posts. The Constitution states that the president must nominate individuals for certain positions, such as ambassadors and Supreme Court judges, with the "Advice and Consent of the Senate."
The Senate has the power to elect a president pro tempore, who presides over the chamber in the vice president's absence. The Senate also has the authority to approve or reject treaties with foreign governments and to elect the vice president if no person receives a majority of electoral votes. Additionally, the Senate can censure and condemn its members, although this does not remove a senator from office.
