The Constitutional Leader Of The Senate: Who's In Charge?

The United States Senate, first convened in 1789, was formed on the example of the ancient Roman Senate. The US Constitution designates the vice president as the president of the Senate, and therefore the constitutional leader. The Constitution also calls for a president pro tempore to serve as the presiding officer when the president of the Senate is absent. In practice, the majority leader, who is the chief representative of their party in the Senate, manages the Senate.

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The Vice President as President of the Senate

The United States Constitution designates the vice president of the United States as president of the Senate. The vice president serves as the presiding officer and president of the Senate by virtue of their office. The vice president may only vote if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the most senior member of the Senate's majority party, presides over the Senate. However, in practice, the task of presiding over the Senate on a daily basis is given to junior senators of the majority party. This is because the vice president may be of a different party from the majority and is not a Senate member subject to discipline, so the rules of procedure of the Senate give the vice president no power beyond the presiding role.

The Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices, and precedents. The majority leader serves as the chief representative of their party in the Senate and is considered the most powerful member of the chamber. They also manage and schedule the Senate's legislative and executive business. By Senate precedent, the presiding officer gives the majority leader priority in obtaining recognition to speak on the floor. The majority leader can also make a motion to proceed to the consideration of a bill on the Senate Calendar at any time.

The assistant majority leader and assistant minority leader of the United States Senate, commonly called whips, are the second-ranking members of each party's leadership. The main function of the majority and minority whips is to gather votes of their respective parties on major issues. If there is no floor leader present, the whip may become the acting floor leader.

The role of the Majority Leader

The Majority Leader in the United States Senate is the chief spokesperson and representative of their political party in the Senate. They are considered the most powerful member of the chamber. The position of Majority Leader is not included in the Constitution, but it evolved gradually in the late 19th and early 20th centuries. The Majority Leader is elected by the senators of their party caucuses: the Senate Democratic Caucus or the Senate Republican Conference.

The Majority Leader's role includes managing and scheduling the Senate's legislative and executive business. They open and close the day's proceedings, keep legislation moving, and protect the rights and interests of their party members. They also have the power to make motions to proceed to the consideration of a bill on the Senate Calendar and can block amendments through a practice called "filling the tree". The Majority Leader is given priority in obtaining recognition to speak on the floor and can offer amendments, substitutes, and motions to reconsider before any other senator.

The Majority Leader also serves as the chief representative of their party in the entire Congress if the House of Representatives is controlled by the opposition party. They work with the committee chairs and ranking members to schedule business on the floor and keep their caucus advised about the daily legislative program. In consultation with the Minority Leader, the Majority Leader fashions unanimous consent agreements to limit debate time on measures and divide that time between parties.

Historically, the position of Majority Leader had little power. For example, John W. Kern, the first Senate Democratic Leader, served from 1913 to 1917 when the Democrats were divided into northern liberal and southern conservative blocs, limiting his influence. The role gained more power during Lyndon B. Johnson's tenure, including new powers over committee assignments.

The President Pro Tempore

The role of the president pro tempore has evolved over time. In addition to presiding over the Senate, they have various other responsibilities, including making appointments to national commissions and advisory boards and receiving reports from government agencies. They also appoint the director of the Congressional Budget Office, jointly with the Speaker of the House, and fulfill the obligations of the presiding officer in the absence of the vice president. This includes administering oaths, signing legislation, and presiding over joint sessions or meetings of the two houses.

Historically, the president pro tempore was included in the line of presidential succession. According to the Presidential Succession Act of 1792, if both the president and vice president offices became vacant, the president pro tempore would have become president, followed by the Speaker of the House. This line of succession was in effect until 1886. During this period, the fact that the Senate only elected a president pro tempore when the vice president was absent created a potential issue for presidential succession, as the Senate was out of session for half of each year.

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The Majority Whip

In the Senate, the Majority Whip is the second-highest-ranking member of the majority party's leadership. They serve as the chief representative of their party in the Senate and are considered the most powerful member of the chamber. They also manage and schedule the Senate's legislative and executive business.

The Minority Whip

The role of the Minority Whip is to ensure party discipline, that is, to ensure that members of the party vote according to the party's official policy rather than their constituents, individual conscience, or donors. They are responsible for gathering the votes of their party on major issues and keeping tabs on how members of the caucus will vote on upcoming issues. They also act as a sort of mediator between leadership and the rest of the representatives.

In the absence of the leader and deputy leader, the Minority Whip can speak for them. In the case of a vacancy in the position of the floor leader, the Minority Whip may become the acting floor leader.

The current Minority Whip in the Senate is Senator Dick Durbin (D) of Illinois.

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