Omar Bennett
The US Constitution grants Congress the sole authority to enact legislation and declare war, and the right to confirm or reject Presidential appointments. The Legislative Branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, which together form the United States Congress. The Senate has the power to try all impeachments, and each Senator has one vote. Senators are chosen by the Legislature, with two Senators representing each state, serving six-year terms. The Senate also has the power to approve treaties made by the executive branch, and to use the filibuster to delay debate or block legislation.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in the Congress of the United States, which consists of the Senate and the House of Representatives |
| Election of Senators | Two Senators from each state, chosen by the Legislature for six years, with each Senator having one vote |
| Impeachment | The Senate has the sole power to try all impeachments, requiring a two-thirds majority to convict |
| Approval of Presidential Appointments | The Senate has the power to review and approve or reject presidential appointees to executive and judicial branch posts |
| Approval of Treaties | The Senate can approve treaties made by the executive branch with a two-thirds vote |
| Declaration of War | Congress has the sole power to declare war |
| Expulsion of Members | Each house of Congress may expel a member with a two-thirds concurrence |
| Debate and Filibuster | Senators may engage in unlimited debate and filibuster, which can be ended with a two-thirds majority invoking cloture |
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What You'll Learn
The power to try impeachments
The U.S. Constitution grants the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. 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. A committee of representatives, called "managers," acts as prosecutors before the Senate.
The Senate can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, vote to bar an individual convicted in a Senate impeachment trial from holding future federal office. The power of impeachment can both remove someone from office and, should Congress vote to do so, also disqualify an impeached individual from holding future office. The definition of "high Crimes and Misdemeanors" has long been the subject of debate, as it was not specified in the Constitution.
The impeachment process has been used occasionally throughout U.S. history, with at least eleven state governors having faced an impeachment trial. The most recent impeachment of a state governor occurred in 2009, when the Illinois House of Representatives voted to impeach Rod Blagojevich on corruption charges; he was subsequently removed from office and barred from holding future office by the Illinois Senate.
The federal House of Representatives has impeached three presidents: Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021.
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Approval of presidential appointments
The U.S. Constitution grants the Senate the power to review and approve or reject presidential appointments to executive and judicial branch posts. This includes appointments of "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States."
The Appointments Clause of the Constitution requires that these appointments be made by the President with the "advice and consent" of the Senate. This clause ensures a measure of accountability for the President's choices in staffing important government positions. The Supreme Court has interpreted this clause as distinguishing between two types of officers: principal officers and inferior officers. Principal officers must be appointed by the President and confirmed by the Senate, while inferior officers can be appointed by the President alone, by the judiciary, or by department heads.
The process of Senate confirmation for presidential appointments can be complex and challenging for nominees. Nominees must complete background investigations, financial disclosure forms, and committee questionnaires. These questionnaires cover biographical and financial information, and some committees also require policy questionnaires. Nominees are advised to complete the required paperwork promptly and to form relationships with senators and committee staff to secure support and learn about the nuances of the committee process. Mock hearings, or "murder boards," can also help prepare nominees for the confirmation hearing.
Once a nomination is received by the Senate, it is sent to the appropriate committee. The nomination is then reported out of the committee and may be called up for consideration and a vote by the full Senate. Nominees can expect serious scrutiny from the Senate, but most are eventually confirmed. A simple majority of senators present and voting is typically required for a nominee to proceed to the nomination. After the Senate vote, the clerk notifies the White House to prepare the presidential commission, which is signed by the President and sent to the State Department for the secretary of state's signature and the Great Seal of the United States.
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Approval of treaties
The United States Constitution grants the Senate the power to approve treaties made by the executive branch. This is outlined in Article II, Section 2, which states 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". Treaties are binding agreements between nations that become part of international law. They are also considered federal legislation and are thus part of the "supreme Law of the Land" as stated in the Constitution.
The process of treaty-making typically involves the president independently negotiating and signing treaties before presenting them to the Senate for approval or disapproval. The Senate does not ratify treaties; instead, it approves or rejects a resolution of ratification. If the resolution passes, ratification occurs through the formal exchange of instruments of ratification between the United States and the foreign power(s). While the president has the authority to ratify treaties, they are not obligated to ratify those approved by the Senate, and they may decline to do so.
The Senate's role in the treaty-making process is limited to providing advice and consent. Historically, presidents have not sought the Senate's participation in all stages of treaty-making. The Senate's authority includes the power to attach conditions or reservations to its approval. While the Senate has the power to approve treaties by a two-thirds vote, it does not have the power to initiate or draft treaties.
In some cases, when a treaty lacks sufficient support in the Senate, the body may choose not to vote on it, leading to its eventual withdrawal by the president. Treaties that are not approved by the Senate may still be enacted as "executive agreements," which are binding under international law but do not require Senate approval. The use of executive agreements by presidents to enter into international agreements without Senate consent has become more frequent in recent decades.
The interpretation and implementation of treaties involve a complex interplay between the executive and legislative branches. While the president has the primary role in negotiating and ratifying treaties, Congress may need to take additional action to implement a treaty into domestic law. The Supreme Court has held that Congress can abrogate a treaty through subsequent legislative action, even if it violates the treaty under international law. However, there is currently no clear ruling on whether the president has the power to break a treaty without congressional approval.
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Power to declare war
The Constitution grants Congress—which consists of the Senate and the House of Representatives—the sole power to declare war. This power is specifically outlined in Article I, Section 8, Clause 11 of the Constitution, which states that Congress has the power "to declare War".
The Declare War Clause unquestionably gives Congress the power to initiate hostilities. However, the extent to which this clause limits the President's ability to use military force without Congress's approval is highly contested. While most people agree that the Declare War Clause grants Congress an exclusive power to declare war, there is disagreement over whether the President can initiate military force without a formal declaration of war. Some argue that the President may initiate the use of force without a formal declaration, and that Congress's exclusive power to "declare war" refers only to issuing a formal proclamation.
Historically, Congress's approval was thought to be necessary for the nation's early conflicts, including the War of 1812, the Quasi-War with France in 1798, conflicts with the Barbary States of Tripoli and Algiers, and conflicts with Native American tribes on the Western frontier. However, in modern times, Presidents have used military force without formal declarations or express consent from Congress on multiple occasions, including the Korean War, the Vietnam War, Operation Desert Storm, the Afghanistan War of 2001, and the Iraq War of 2002.
To address this issue, Congress passed the War Powers Resolution of 1973, which requires the President to communicate the committal of troops to Congress within 48 hours and to remove all troops after 60 days if Congress has not granted an extension. Additionally, after the September 11 Terrorist Attacks, Congress passed the Authorization for Use of Military Force against Terrorists (AUMF), which granted the President all necessary uses of force by nations or people associated with the 9/11 attacks.
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Power to expel members
The United States Constitution grants the Senate the power to expel its members. Article I, Section 5, Clause 2 of the Constitution sets out that a two-thirds majority vote is required to expel a member. This power has been used sparingly and cautiously, with only 15 senators expelled in the history of the Senate.
The process of expulsion typically involves an investigation and a report with a recommendation to the full Senate, which then votes on the matter. The authority of the Senate to expel its members is not restricted by the Constitution in terms of grounds, nature, timing, or procedure. However, policy considerations have generally restrained the Senate in exercising this authority.
Some notable instances of senators facing expulsion include Senator James F. Simmons, who resigned in 1862 amid charges of corruption. In 1906, Senator Joseph R. Burton resigned after being convicted of receiving compensation for intervening with a federal agency. In 1922, Senator Truman H. Newberry was convicted of violating campaign finance laws but was not expelled as the Supreme Court overturned the conviction.
In some cases, senators have avoided expulsion but resigned due to public knowledge of their misconduct, such as Senator John Smith, who was implicated in a conspiracy to invade Mexico in 1808, and Congressman Preston Brooks, who beat a fellow senator with a cane in 1856.
It is important to note that the Constitution does not provide for the recall of senators or other US officials, and once a senator is seated, they can only be removed through expulsion or the expiration of their term. The power to expel members is thus a significant tool for holding senators accountable for their actions and upholding the integrity of the Senate.
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Frequently asked questions
The Senate is one of the two chambers of the US Congress, the other being the House of Representatives. Together, they form the legislative branch of the federal government.
The Constitution grants the Senate the power to try all impeachments, approve treaties made by the executive branch, and confirm or reject Presidential appointments. Additionally, the Senate has the authority to declare war and shape military policy.
The Senate has the power to pass bills, which must also pass in the House of Representatives before going to the President for consideration. Senators can debate bills indefinitely and use the filibuster to delay or block legislation. However, a supermajority of 60 Senators can invoke cloture to end a debate and force a vote.
The Senate is composed of two Senators from each state, and each Senator has one vote. Senators are chosen by the state legislature for six-year terms.
The Constitution does not specify qualifications for Senators. However, according to the Senate website, "qualifications for Senators are found in the Constitution (Article I, section 3), which says that Senators must be at least 30 years old, a U.S. citizen for nine years, and a resident of the state they represent."
