Simone Lawson
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The legislative branch, which includes the Senate and the House of Representatives, passes and deliberates on all laws, declares war, regulates interstate and foreign commerce, and controls taxes and spending. The Senate has three key powers: 1) the power to try impeachments of the president and other high officials, and to remove them by a two-thirds vote; 2) the authority to review and approve or reject presidential appointments to executive and judicial branch posts; and 3) the ability to make treaties with the agreement of two-thirds of Senators. These powers allow the Senate to serve as a check on the executive branch and ensure that power is distributed effectively while safeguarding citizens' rights.
| Characteristics | Values |
|---|---|
| Powers | To be the judge of the “elections, returns, and qualifications of its own members” |
| To declare war | |
| To try all impeachments | |
| To confirm or reject presidential nominations for heads of federal agencies, federal judges, and the Supreme Court | |
| To make treaties | |
| To review and approve or reject presidential appointees to executive and judicial branch posts |
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What You'll Learn
- The Senate can try impeachment cases and remove officials by a two-thirds vote
- The Senate confirms or rejects presidential nominations for federal agencies, judges, and the Supreme Court
- The Senate can declare war, grant letters of marque and reprisal, and make rules concerning captures
- The Senate can expel its members for disorderly behaviour with a two-thirds vote
- The Senate can judge the elections, returns, and qualifications of its members
The Senate can try impeachment cases and remove officials by a two-thirds vote
The United States Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives.
The Constitution grants the Senate the power to try impeachment cases and remove officials by a two-thirds vote. This power is outlined in Article I, Section 3, Clause 6 of the Constitution, which states: "The Senate shall have the sole power to try all Impeachments… And no Person shall be convicted without the Concurrence of two-thirds of the Members present."
The process of impeachment begins with the House of Representatives, which has the sole power of impeachment. If the House approves an article of impeachment, it sends an indictment, known as the articles of impeachment, to the Senate. The Senate then forms itself into a jury, with the vice president acting as the presiding officer if the official accused is below the president's level. However, if the president is being impeached, the Chief Justice of the United States presides over the Senate proceedings.
During an impeachment trial, the Senate has the power to hear evidence, call and question witnesses, and deliberate among themselves. A conviction requires a two-thirds majority vote of the Senate, at which point the official is removed from office. The Senate has tried 20 federal officials since 1789, including three presidents.
The power to try impeachment cases and remove officials is a significant check and balance on the executive branch, ensuring that officials are held accountable for their actions. It allows the Senate to oversee and limit the actions of the executive branch, preventing the accumulation of excessive political power and protecting democratic principles.
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The Senate confirms or rejects presidential nominations for federal agencies, judges, and the Supreme Court
The United States Constitution gives the Senate the power to confirm or reject presidential nominations for federal agencies, judges, and the Supreme Court. This power is derived from the Appointments Clause, which requires that these appointments be made by the President with the "advice and consent" of the Senate. The Constitution specifically mentions "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States" in this regard.
The Senate has guarded this power closely since 1789, carefully reviewing and approving or rejecting presidential appointees to executive and judicial branch posts. The process of confirming or rejecting nominees typically involves hearings and investigations by the Senate's Judiciary Committee, which may include questioning of the nominee and consideration of any allegations or objections. The committee then makes a recommendation to the full Senate, which votes on the confirmation.
The Senate has the authority to reject nominees for various reasons, including concerns about bias, civil rights violations, sexual harassment allegations, and financial misconduct. For example, in 1930, the Senate rejected President Herbert Hoover's nomination of Fourth Circuit Chief Judge John J. Parker due to his statements against black voting rights and anti-labor decisions. Similarly, in the 1980s and 1990s, the Senate rejected two of President Richard Nixon's nominees, appeals court judges Clement F. Haynsworth, Jr., and G. Harrold Carswell, over accusations of bias.
The confirmation process for Supreme Court nominees has become increasingly contentious and politically polarizing. Between 1968 and 1972, four out of ten nominees were either rejected by the Senate or withdrawn by the president. More recently, in the 21st century, the ideological polarization between the two major political parties has further raised the stakes for judicial nominations, with nominees facing tough questioning and close confirmation votes.
The Senate's power to confirm or reject presidential nominations is a crucial aspect of the system of checks and balances in the US government, ensuring a measure of accountability in the appointment of officers to important government positions.
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The Senate can declare war, grant letters of marque and reprisal, and make rules concerning captures
The US Constitution grants Congress the power to declare war, and this has been exercised on 11 occasions, including against Great Britain in 1812. The last formal declaration of war was during World War II. Since then, Congress has agreed to resolutions authorising military force and continues to shape military policy.
Congress also has the power to grant letters of marque and reprisal. This term was first recorded in an English statute in 1354 during the reign of King Edward III. It refers to a license granted by a sovereign to a subject, authorising them to make reprisals on the subjects of a hostile state for alleged injuries. During the Middle Ages, it was common for armed private vessels to raid the shipping of other states with the tacit consent of their sovereign. This practice was defended by Dutch jurist Hugo Grotius in his 1604 work on international law, De Iure Praedae (Of The Law of Prize and Booty). By the 16th century, most European countries had enacted laws regulating the granting of letters of marque and reprisal. The profits from this business could be significant, as demonstrated by ships from Guernsey during the American Revolutionary War.
The third power given to Congress by the Constitution is the ability to make rules concerning captures on land and water. The power of Congress with respect to prizes is plenary, meaning that no one can have any interest in captured prizes without Congress's permission. An example of this is the case of The Siren, where the Court found that the Confiscation Act of 1861 and the Supplementary Act of 1863, which authorised the condemnation of vessels, did not override international law.
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The Senate can expel its members for disorderly behaviour with a two-thirds vote
The United States Constitution divides the federal government into three branches: legislative, executive, and judicial. The legislative branch, or Congress, consists of the Senate and the House of Representatives.
The Constitution grants Congress the power to be the judge of the "elections, returns, and qualifications of its members" (Article I, Section 5). This includes the power to punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member (Article I, Section 5). This means that the Senate can expel its members for disorderly behaviour with a two-thirds vote.
Since 1789, the Senate has carefully guarded this prerogative and has developed its own procedures for judging the qualifications of its members and settling contested elections. The Senate is governed by the Constitution, standing rules, precedents established in the legislative process, and special rules of procedure adopted by statute for specific types of legislation.
The Senate's power to expel its members for disorderly behaviour is one of the checks and balances built into the US government structure, ensuring that no individual or group has too much power. It allows the Senate to maintain standards of behaviour and conduct among its members and take action if necessary.
In addition to this power, the Senate also has the sole power to try impeachments and remove officials, including the president, by a two-thirds vote. The Senate's involvement in appointments is another example of the checks and balances in the US government, as it requires both presidential nomination and Senate confirmation.
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The Senate can judge the elections, returns, and qualifications of its members
The United States Constitution gives each house of Congress the power to be the judge of the “elections, returns, and qualifications of its own members” (Article I, Section 5). The Senate has guarded this prerogative since 1789 and has developed its own procedures for judging the qualifications of its members and settling contested elections.
The Senate is governed by the Constitution, a set of standing rules, and precedents established in the course of the legislative process. The Constitution grants Congress the sole power to declare war, and it has done so on 11 occasions, including against Great Britain in 1812.
The Senate has always carefully guarded its power to review and approve or reject presidential appointees to executive and judicial branch posts. This is outlined in Article 2, Section 2 of the Constitution, which states that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States."
The Constitution originally granted state legislatures the power to elect United States senators. This was changed in the early 20th century due to concerns about electoral deadlocks and corruption, and the Seventeenth Amendment was ratified in 1913, providing for the direct election of senators by the people of each state.
The power to judge elections includes investigating expenditures made to influence nominations at a primary election. This power extends to issuing a warrant for the arrest of a witness to procure testimony without a previous subpoena if there is good reason to believe the witness would otherwise be absent.
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Frequently asked questions
The Constitution grants the Senate the power to try impeachments and convict with a two-thirds majority, confirm or reject presidential appointments, and make or break treaties with a two-thirds majority.
When the House votes to approve an article of impeachment, it sends an indictment to the Senate, which forms itself into a jury. The Senate presides over impeachments of the president or other high officials and can remove them by a two-thirds vote.
The Senate confirms or rejects presidential appointments of federal judges, ambassadors, public ministers and consuls, and heads of federal agencies.
The president nominates treaties, but they require the approval of two-thirds of the Senate to be made.
The Constitution grants Congress the power to declare war, regulate commerce, and control taxes and spending through budgeting.
