Senate Mentioned In Constitution's Article One

The United States Senate, formed in 1789, was modelled after the ancient Roman Senate, with the name derived from the Latin 'senatus', meaning council of elders. The US Senate, along with the House of Representatives, comprises the US Congress, which serves as the legislative branch of the US government. The legislative, executive, and judicial powers of the US government are separated among the three branches of the federal government. The US Constitution mentions the Senate in Article I, Section 6, which states that senators shall receive compensation for their services. Article II of the Constitution also mentions the Senate in the context of the President's power to make treaties and fill vacancies. The Constitution also outlines the oath that senators must take to support and defend it.

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The Senate's structure

The structure of the Senate is integral to the federal system, ensuring that smaller states have a voice in the democratic process. The Senate and the House of Representatives make up the United States Congress, which acts as the legislative branch of the US government. The legislative, executive, and judicial branches are separated by the Constitution, which grants each branch distinct powers and responsibilities.

The Connecticut Compromise, which was adopted following disputes over Senate representation, ensured that each state, regardless of population, would be represented by two senators. This compromise was integral to the formation of the Senate, as it addressed concerns of smaller states that wished to maintain equal power with larger states.

The vice president of the United States serves as the presiding officer and president of the Senate, and can only vote in the case of a tie. In their absence, the president pro tempore, typically the most senior member of the Senate's majority party, presides. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who may negotiate with the minority leader on certain matters.

The role of senators

The Senate is considered a "continuing body" due to the rotation of senators and the fact that two-thirds of its members carry over from one Congress to the next. Senators are compensated for their services, with an annual salary of $174,000 as of 2009. To become a senator, an individual must be at least 30 years old, a U.S. citizen for at least nine years, and a resident of the state they represent.

Senators may serve on various committees that focus on specific policy areas such as finance, foreign relations, and the judiciary. Committee chairs are responsible for leading the committee's work, setting the agenda, and managing the legislative process. The Majority Leader, typically the most senior member of the Senate's majority party, is responsible for setting the Senate's agenda, managing legislative business, and coordinating with the President and the House of Representatives. The Minority Leader, on the other hand, represents the views of the minority party and works with the Majority Leader to schedule legislative business.

The Senate also has the power to engage in filibusters, which require a three-fifths threshold for general legislation to pass. This practice has been both criticised and defended, with critics arguing that it prevents beneficial laws from passing, while supporters contend that it protects minority views and serves as a check on single-party rule.

The election of senators

The method of electing senators was also debated. James Madison's Virginia Plan proposed that the House of Representatives choose senators from a group of individuals nominated by state legislatures. However, this idea was rejected by many delegates who believed it would compromise the Senate's independence. Pennsylvania's James Wilson advocated for the direct election of senators by the people, but this form of popular election gained little support at the time. Instead, the original Constitution provided that senators would be elected by their state legislatures.

Senators are required to take an oath or affirmation to support the Constitution, and they receive compensation for their services, as prescribed by law. The Senate has a unique role in the federal government, fostering inclusive and representative democracy by ensuring that diverse regional interests are considered in the legislative process.

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The salary of senators

During the first Congress in 1789, the question of salaries for federal officials was a challenging issue. A committee of the House of Representatives was tasked with recommending salaries for the President, Vice-President, and members of Congress. It was proposed that Senators and Representatives receive six dollars a day, with the Speaker of the House receiving double that amount. However, this proposal faced strong opposition and ridicule from the press.

The Virginia Plan, introduced by James Madison in 1787, suggested that members of Congress receive "liberal stipends" as compensation for their public service. On the other hand, Charles Pinckney of South Carolina proposed that senators should serve without compensation to ensure that only wealthy individuals held these positions.

Since 2009, the annual salary of each senator has been $174,000, while the president pro tempore and party leaders receive $193,400. The Government Ethics Reform Act of 1989 mandates an automatic annual increase in salary to account for the cost of living. However, since 2010, Congress has voted against accepting this increase, maintaining the salary amount at the 2009 level.

There are ongoing arguments for and against increasing senators' salaries. Advocates for a salary raise believe it would make the position more accessible to individuals from diverse socioeconomic backgrounds and reduce the influence of corruption. On the other hand, the public often frowns upon the idea of congressional salary increases, perceiving it as a form of corruption.

The Senate's legislative business

The legislative and executive business of the Senate is managed and scheduled by the Senate's majority leader, who, on occasion, negotiates some matters with the Senate's minority leader. The Senate's legislative business includes introducing legislation, committee and House and Senate consideration, conference committees, and presidential vetoes. The Senate has full legislative authority, and the U.S. Constitution grants it two unique responsibilities: the power to confirm certain presidential nominees to the federal judiciary and certain executive branch positions, and the power to approve treaties.

In the legislative process, treaties are treated like bills and are referred to the Foreign Relations Committee, where they may be considered and reported. The Senate can consider a treaty on the floor under similar procedures used for legislation. However, the Constitution requires that two-thirds of the voting Senators agree for a treaty to be ratified. Most presidential nominations are referred to the relevant Senate committee of jurisdiction. Prior to potential committee action to report a nomination, a committee may hold a hearing at which a nominee answers questions from the committee's members. If a nominee is considered on the Senate floor, confirmation requires only a simple majority vote, but nominations are debatable. Supporters of a nominee may have to use the cloture process to reach a vote, which requires a vote of three-fifths of the Senate.

The Constitution requires that senators take an oath or affirmation to support the Constitution. Congress has prescribed the following oath for all federal officials (except the President):

> I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

The annual salary of each senator, since 2009, is $174,000; the president pro tempore and party leaders receive $193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires, partly due to inflation.

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