Eleanor Finch
The US Senate is composed of 100 members, with two senators from each state, regardless of population or area. Senators serve six-year terms, staggered so that approximately one-third of the seats are up for election every two years. This arrangement was first achieved by dividing the senators of the 1st Congress into thirds or classes, where the terms of one-third expired after two years, another third after four, and the last third after six years. This system ensures that both seats from a given state are not contested in the same general election, except when filling a vacancy. One-third of senators take the oath of office to begin their new terms at the start of each new Congress, in January of every odd-numbered year.
| Characteristics | Values |
|---|---|
| Number of senators | 100 |
| Senators per state | 2 |
| Term length | 6 years |
| Proportion of senators up for election every two years | 1/3 |
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What You'll Learn
The Senate's role in the impeachment of federal officials
The United States Constitution grants the House of Representatives "sole Power of Impeachment" and empowers the Senate to try impeachments. 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 Constitution precludes the President from extending executive clemency to anyone to preclude their impeachment by the House or trial or conviction by the Senate.
The impeachment process provides a mechanism for the removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors." The House has the responsibility and authority to determine whether to impeach and to draft articles of impeachment. Should the House vote to impeach, the matter is then presented to the Senate for trial. Under the Constitution, the Senate has the unique power to try an impeachment. The decision as to whether to convict on each of the articles must be made separately.
If the sitting president of the United States is being tried, the chief justice of the United States presides over the trial. During an impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.
In the Senate, the leader of the majority party is generally expected to propose items for consideration. However, formal tools that allow a numerical majority to take action are few. Instead, majority party leadership typically must negotiate with minority party leaders (and often all Senators) to effectively conduct Senate floor action. Senators can also place a hold on a bill, asking their party's floor leader to object on their behalf to any unanimous consent request to consider the bill, at least until they have been consulted.
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The election of senators
The process of electing senators has evolved over time. Originally, senators were chosen by their respective state legislatures. However, in 1913, the 17th Amendment to the Constitution was ratified, which directed the popular election of senators. This reform aimed to curb the influence of special interests and corrupt state legislators on the federal government and gave citizens a more direct voice in choosing their senators.
To be eligible for election to the Senate, individuals must meet certain qualifications outlined in Article I, Section 3 of the Constitution. These qualifications include being at least 30 years old, having been a citizen of the United States for at least nine years, and being an inhabitant of the state they seek to represent at the time of their election. There is no constitutional limit to the number of terms a senator may serve.
The terms of the senators from a particular state are arranged so that they do not terminate simultaneously. This is done to ensure that both seats from a given state are not contested in the same general election, except when filling a vacancy. The senator who was elected first, or if both were elected at the same time, the one elected for a full term, is referred to as the "senior" senator from that state.
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The Senate's power to elect the vice president
The United States Senate is the upper chamber of the country's legislative branch, comprising 100 senators who are elected to six-year terms. The Senate has unique powers and responsibilities, including the confirmation of presidential nominations, the approval of treaties, and the trial of impeachments. One of the most significant roles of the Senate is its involvement in the election of the vice president.
The process of electing the vice president in the United States is outlined in Article II, Section 1, Clause 3 of the Constitution, also known as the Twelfth Amendment. This amendment was introduced to address deadlocks in the Electoral College, where no vice-presidential candidate receives a majority of votes. In such rare cases, the Senate is empowered to choose the vice president from the two candidates with the highest number of electoral votes. This process ensures that the vice president has a degree of support from the Electoral College and is not solely chosen by the president or the Senate.
Historically, the role of the vice president has evolved significantly. During the nation's early years, the vice presidency was considered relatively insignificant, often viewed as an afterthought. The Twelfth Amendment further diminished the role by ending the practice of vice presidents being the runners-up in presidential elections. Over time, however, the vice presidency has gained importance, particularly with the expansion of the executive branch.
While the vice president serves as the president of the Senate, their role in presiding over Senate debates has decreased since the 1950s. Nowadays, vice presidents typically preside on ceremonial occasions, such as swearing in new senators or announcing significant legislation. The Senate also has the authority to elect a president pro tempore, who presides in the vice president's absence and is third in the line of succession to the presidency.
In summary, the Senate plays a crucial role in electing the vice president, especially in the event of an Electoral College deadlock. The vice president's position as president of the Senate underscores the importance of the Senate's role in the electoral process and highlights the checks and balances inherent in the US political system.
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The role of the Senate majority leader
The majority leader is responsible for proposing items for consideration and must negotiate with minority party leaders and individual senators to conduct Senate floor action. They have the right of first recognition, meaning they can offer amendments, substitutes, and motions for consideration before other senators. They also have the power to place a hold on a bill, asking their party's floor leader to object to any unanimous consent request to consider the bill.
The majority leader is also responsible for opening and closing the day's proceedings, keeping legislation moving, and protecting the rights and interests of party members. They are often assisted by whips, who help ensure that majority party members are present for votes.
The role of the majority leader has evolved over time, with the position gaining more power during Lyndon B. Johnson's tenure, including new powers over committee assignments. The majority leader is also often the senator from the majority party with the longest record of continuous service.
The Senate majority leader plays a crucial role in the legislative process, ensuring their party's agenda is advanced and that their members are united in their legislative strategy. They are a key figure in the functioning of the Senate and in shaping the policies and laws that emerge from it.
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The Senate's power to advise and consent to treaties
The United States Constitution grants the Senate the power to advise and consent to treaties. This means that the president can enter into treaties with the "advice and consent" of at least two-thirds of the sitting senators. Treaties are binding agreements between nations and are part of international law. The Senate does not ratify treaties; instead, it approves or rejects a resolution of ratification. If the resolution passes, ratification occurs when the instruments of ratification are formally exchanged between the US and the foreign power(s).
The president submits the treaty to the Senate, and if two-thirds of the senators present pass a resolution of advice and consent, the process shifts back to the Executive Branch. The president then decides whether to make the final decision to enter the treaty on behalf of the US. The president has the choice, as with all treaties to which the Senate has assented, to ratify the treaty or not, as they see fit.
In recent decades, presidents have frequently entered the US into international agreements without the advice and consent of the Senate. These are called "executive agreements," which are still binding under international law. The Constitution does not interpret the Senate as having a constitutionally mandated role in advising the president before the conclusion of the treaty. However, the Senate can put reservations on treaties, modifying or excluding the legal effect of the treaty.
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Frequently asked questions
Senators serve terms of six years each.
Senate elections are held every two years, with one-third of the seats being up for election each time.
The Senate presides over impeachment trials of the president or other high officials and can remove them by a two-thirds vote.
