Omar Bennett
The United States Constitution designates the vice president as the president of the Senate, serving as its presiding officer. The vice president may only vote in the event of a tie. In the absence of the vice president, the Senate elects a president pro tempore, who is typically the most senior member of the majority party, to lead the Senate. The president pro tempore is third in the line of presidential succession and fulfills various responsibilities, such as appointing the director of the Congressional Budget Office and making appointments to national commissions and advisory boards.
| Characteristics | Values |
|---|---|
| Who leads the Senate | The Vice President of the United States |
| Who is the Vice President | The presiding officer and president of the Senate |
| Who elects the officers | The Senate |
| Who is the president pro tempore | The senior member of the majority party |
| Who is the Senate's legislative and executive business managed by | The Senate's majority leader |
| Who is in the front row | The leader of each party |
| How many senators per state | Two |
| How often are senators elected | Every two years, one-third of the Senate's members are elected |
| How long are senators' terms | Six years |
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What You'll Learn
The Vice President as President of the Senate
According to the United States Constitution, the Vice President of the United States is the President of the Senate. This means that the Vice President serves as the presiding officer of the Senate and has the power to cast a tie-breaking vote in the case of an equally divided Senate. The Vice President does not have a vote otherwise.
During the Constitutional Convention, the Framers initially considered allowing the Senate to choose its president. However, after deciding to establish the position of Vice President, they voted to make the Vice President the President of the Senate. This decision was made by a vote of eight to two. Some delegates expressed concern that this would excessively involve the Executive Branch in the Legislative Branch.
Justice Joseph Story, in his Commentaries on the Constitution of the United States, suggested that the Framers gave this role to the Vice President to provide them with a governmental function. He also reasoned that having the Vice President as President of the Senate saved the Senate from the difficulty of selecting a President from among themselves, which could have given the President's state more influence than the others.
In the absence of the Vice President, the Senate elects a president pro tempore to preside. The president pro tempore is traditionally the most senior member of the majority party in the Senate. They fulfil various responsibilities, including appointing the director of the Congressional Budget Office and making appointments to national commissions and advisory boards.
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The President Pro Tempore
Since the mid-20th century, tradition has dictated that the senior member of the majority party serves as president pro tempore. In addition to presiding over the Senate, the president pro tempore fulfills a number of other responsibilities. In consultation with Senate leaders, the president pro tempore appoints the director of the Congressional Budget Office (jointly with the Speaker of the House), as well as Senate legislative and legal counsel. The president pro tempore also makes appointments to various national commissions and advisory boards and receives reports from certain government agencies.
In the absence of the vice president, the president pro tempore may administer all oaths required by the Constitution, sign legislation, and jointly preside with the Speaker of the House when the two houses sit together. The president pro tempore and party leaders receive an annual salary of $193,400, compared to $174,000 for other senators.
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The role of the Senate in appointments
The Constitution grants the Senate and the president shared powers to appoint judges and civil officers. The Senate's role in appointments is to advise the president and give consent. The president nominates, and the Senate advises and consents to the appointment of ambassadors, ministers, consuls, Supreme Court judges, and other officers of the United States. The Senate's advice and consent are also required for the president to make treaties.
The Appointments Clause distinguishes 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 Appointments Clause acts as a restraint on Congress, preventing it from filling offices with its supporters and ensuring a separation of powers.
The Senate's role in appointments has evolved over time. In the early 19th century, senators expected to be consulted on all nominees to federal posts within their states through senatorial courtesy. By the late 19th century, conflicts arose between presidents and senators over control of lower-level positions, leading to calls for reform. In the 20th century, the number of appointments requiring Senate confirmation increased with the growth of the federal government. However, Congress passed legislation in the 1980s to reduce the number of positions requiring confirmation.
The Senate's confirmation process involves committees reviewing nominees and making recommendations to the full Senate. While most cabinet nominations are quickly confirmed, there have been instances of political conflicts leading to the withdrawal or rejection of nominees. The president can also make recess appointments when the Senate is not in session, but these appointments are temporary.
The Senate's role in appointments is intended to provide accountability and prevent tyranny by ensuring that the president is responsible for nominations and the Senate concurs, providing security.
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Six-year terms for Senators
The U.S. Constitution, Article I, Section 3, Clause 1, states that the Senate of the United States shall be composed of two Senators from each state, chosen by the state legislature, for six-year terms. This was decided by a 7-4 vote, with delegates compromising between proposals for four-year and seven-year terms.
The six-year term for senators was defended by James Madison, who argued that it would have a stabilizing effect on the new national government. Madison believed that longer terms would reduce turnover in the legislature, allow senators to take responsibility for measures over time, and make senators largely independent of public opinion. This view was supported by Justice Joseph Story, who commented that the length of Senate terms would increase the value of the Senate, providing "reasonable information" and "firmness" to guard against "gross errors" and "popular excitement".
The six-year term also aimed to strike a balance between institutional stability and legislative responsiveness. By comparison, members of the House of Representatives serve for two-year terms, with elections taking place every two years. This shorter term for the House of Representatives was intended to provide legislative responsiveness and ensure that representatives remained accountable to the people.
The Constitution's establishment of six-year terms for senators reflects a deliberate choice by the Framers to balance stability and responsiveness in the legislative branch of the U.S. government.
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Two Senators per state
The US Constitution, Article I, Section 3, Clause 1, states that the Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature thereof, for six-year terms. This is known as the "two-senator rule" and was proposed by James Madison's Virginia Plan, introduced to the Constitutional Convention on May 29, 1787. The Convention approved the proposal by a unanimous vote, despite opposition from Luther Martin of Maryland, who argued that it departed from the idea of states being represented in the Senate.
The two-senator rule ensures equal representation for each state in the Senate, regardless of its population size. This means that each state has the same number of senators, providing a check on the "tyranny of the majority" by preventing larger states from dominating policy-making. However, this has also been criticised as a form of minority rule, where smaller states have disproportionate influence and can block constitutional amendments or influence Supreme Court appointments.
The debate over the number of senators per state during the Constitutional Convention reflected a larger discussion about the role and nature of the Senate. James Madison argued for a smaller, more deliberative body that could act independently from the larger, more democratic House of Representatives. The six-year terms for senators, adopted after debate, were intended to provide stability and continuity to the legislative process, reducing the immediate influence of public opinion.
While the two-senator rule has been criticised for violating democratic norms, it is a key feature of the US Constitution's approach to representation and federalism. The rule aims to balance the interests of smaller and larger states, ensuring that all states have a voice in the Senate, even if it results in disproportionate power for some. This unique feature of the US Senate has been replicated only in Australia, showcasing the complex trade-offs between representation, equality, and majority rule that are inherent in constitutional design.
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Frequently asked questions
The US Constitution states that the Vice President of the United States is the President of the Senate and its presiding officer.
The Vice President can cast a vote in the case of a tie and has the power to break it. They also formally preside over the receiving and counting of electoral ballots cast in presidential elections.
In the absence of the Vice President, the Senate is presided over by the President Pro Tempore, who is elected by the Senate and is usually the most senior member of the majority party.
