The United States Senate is the upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. An upper house is typically a senate of the bicameral In government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses. Bicameralism is an essential and defining feature of the classical notion of mixed government. Bicameral legislatures tend to require a United States Congress The United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C, the lower house A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house being the House of Representatives The United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate. The composition and powers of the Senate and the House are established in Article One Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government of the U.S. Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the (which does not use the terms "upper" and "lower"). Each U.S state A U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of commonwealth rather than state. State citizenship is is represented by two senators, regardless of population. Senators serve staggered six-year terms. The chamber of the United States Senate is located in the north wing of the Capitol The United States Capitol is the meeting place of the United States Congress, the legislature of the Federal government of the United States. Located in Washington, D.C., it sits atop Capitol Hill at the eastern end of the National Mall. Though not in the geographic center of the District of Columbia, the Capitol is the origin by which the, in Washington, D.C. Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790. The City of Washington was originally a separate municipality within the Territory of Columbia until an act of Congress in 1871 effectively merged the City and the, the national capital. The House of Representatives convenes in the south wing of the same building.

The Senate has several exclusive powers not granted to the House, including consenting to treaties A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc. Regardless of the terminology, all of these international agreements under international law are as a precondition to their ratification Ratification is the approval by the principal of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada and consenting or confirmation of appointments of Cabinet secretaries The United States Cabinet is composed of the most senior appointed officers of the executive branch of the federal government of the United States. Its existence dates back to the first American President, George Washington, who appointed a Cabinet of four people (Secretary of State Thomas Jefferson; Secretary of the Treasury Alexander Hamilton;, federal judges In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article III of the United States Constitution, other federal executive officials The United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789, military officers The United States armed forces are the overall unified military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard and other federal uniformed officers The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 42 and Title 33 of the United States Code, as well as trying federal officials impeached Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself by the House. The Senate is a more deliberative body than the House of Representatives because the Senate is smaller and its members serve longer terms, allowing for a more collegial and less partisan atmosphere that is more insulated from public opinion than the House. The Senate is considered a more prestigious body than the House of Representatives because of its longer terms, smaller membership, and larger constituencies.

Contents

History

Main article: History of the United States Senate The United States Senate has a history of approximately 220 years as the upper house of the United States Congress, being described in the United States Constitution in 1787 and first convened in 1789

The Framers of the Constitution created a bicameral Congress primarily as a compromise between those who felt that each state, since it was sovereign, should be equally represented, and those who felt the Legislature must directly represent the People, as did the House of Commons in Britain. There was also a desire to have two Houses that could act as an internal check on each other. One was intended to be a "People's House" directly elected by the People, and with short terms obliging the representatives to remain close to their constituents. The other was intended to represent the states to such extent as they retained their sovereignties not expressly delegated to the national government. The Senate is thus not intended to represent the people of the United States equally. The Constitution provides that the approval of both chambers is necessary for the passage of legislation.

The Senate of the United States was formed on the example of the ancient Roman Senate The Roman Senate was a political institution in ancient Rome. It was one of the most enduring institutions in Roman history, being founded in the first days of the city . It survived the fall of the kings in 509 BC, the fall of the Roman Republic in the first century BC, the split of the Roman Empire in 395 AD, and the fall of the Western Roman. The name is derived from the senatus, Latin Latin or sometimes Roman is an Italic language originally spoken in Latium and Ancient Rome. Although often considered a dead language, in view of the fact that it has no native, fluent speakers, Latin continues to be taught in schools and has been, and currently is, used in the process of new word production in modern languages from many for council of elders (from senex meaning old man in Latin).[1]

The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage Suffrage, political franchise, or simply the franchise is the civil right to vote, or the exercise of that right. In English, suffrage and its synonyms are sometimes also used to mean the right to run for office , but there are no established qualifying terms to distinguish between these different meanings of the term(s). The right to run for in the Senate without that state's consent. The District of Columbia Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790. The City of Washington was originally a separate municipality within the Territory of Columbia until an act of Congress in 1871 effectively merged the City and the and all other territories Territories of the United States are one type of political division of the United States, administered directly by the federal government of the United States and not any part of a U.S. state. These territories were created to govern newly acquired land while the borders of the United States were still evolving. Territories can be classified by (including territories, protectorates, etc.) are not entitled to representation in either House of the Congress.[2] The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959.

The disparity between the most and least populous states has grown since the Great Compromise The Connecticut Compromise, also known as the Great Compromise of 1787 or Sherman's Compromise, was an agreement between large and small states reached during the Philadelphia Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. It proposed a bicameral, which granted each state equal representation in the Senate and a minimum of three presidential Electors The Electoral College consists of the popularly elected representatives who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election. Article II, Section 1, Clause 2 of the Constitution specifies how many electors each state is entitled to have and that each state', regardless of population. In 1787, Virginia had roughly 10 times the population of Rhode Island, whereas today California has roughly 70 times the population of Wyoming, based on the 1790 The United States Census of 1790 was the first Census conducted in the United States. It was conducted on August 2, 1790. It showed that 3,929,326 people were living in the United States of which 697,681 were slaves, and that the largest cities were New York City with 33,000 inhabitants; Philadelphia, with 28,000; Boston, with 18,000; Charleston, and 2000 censuses. Seats in the House of Representatives are apportioned by population.

Before the passage of the Seventeenth Amendment The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which Senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, to be consistent, senators were elected by the individual state legislatures In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. The formal name varies from state to state. In 24 states, the legislature is simply called the "Legislature," or the "State Legislature", while in 19 states, the legislature is called the &.[3] However, problems with repeated vacant seats due to the inability of a legislature to elect senators, intrastate political struggles, and even bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators.[4]

Membership

Qualifications

This article is part of the series: United States Senate
Members
Current Categories: 111th United States Congress | Lists of current office-holders | Lists of United States Senators | 21st-century United States government officials (by seniority "Senior senator" and "junior senator" are terms commonly used to describe United States senators. Each state sends two senators to serve in the Senate; the longer serving of the two is by convention referred to as the senior senator, and the other is referred to as the junior senator. If both are sworn in on the same day, other · by age This is a list of current U.S. Senators sorted by age. Age does not determine seniority in the Senate · by class) Former Contents: A B C D E F G H I J K L M N O P Q R S T U V W Y Z Hill committees The Hill committees are the common name for the political party committees that work to elect members of their own party to United States Congress . The four major committees are part of the Democratic and Republican parties and each work to help members of their party get elected to each house (the House of Representatives and the Senate) (DSCC The Democratic Senatorial Campaign Committee is the Democratic Hill committee for the United States Senate, working to elect Democrats to that body. On November 15, 2004, Senator Charles Schumer was named to head the organization in preparation for 2006 and he continued in the role for the 2008 elections. Sen. Bob Menendez was appointed to succeed, NRSC The National Republican Senatorial Committee is the Republican Hill committee for the United States Senate, working to elect Republicans to that body. The NRSC was founded in 1916 as the Republican Senatorial Campaign Committee. It was reorganized in 1948, and renamed the National Republican Senatorial Committee)
U.S. Vice President The Vice President of the United States is the holder of a public office created by the United States Constitution. The vice president, together with the President of the United States, is indirectly elected by the people through the Electoral College to a four-year term. The vice president is the first person in the presidential line of President pro tempore The President pro tempore is the second-highest-ranking official of the United States Senate and the highest-ranking senator. The U.S. Constitution states the Vice President of the United States serves ex officio as President of the Senate, and is the highest-ranking official of the Senate even though he or she only votes in the case of a tie (list After Frye's death, the Senate had difficulty electing a successor. For the remainder of the 62nd Congress , the position alternated among the following Senators:) Presiding officer The Presiding Officer is the person who presides over the United States Senate and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices and precedents
Party leaders The Senate Majority and Minority Leaders are two United States Senators who are elected by the party conferences that hold the majority and the minority respectively. These leaders serve as the chief Senate spokesmen for their parties and manage and schedule the legislative and executive business of the Senate. By rule, the Presiding Officer gives and Assistants The Assistant Majority and Minority Leaders of the United States Senate are the second-ranking members of their parties in the United States Senate

Democratic Caucus The Senate Democratic Caucus is the formal organization of the current 57 Democratic Senators in the United States Senate. In the 111th Congress, the Democratic Caucus additionally includes two independent senators who formally caucus with the Democrats for the purpose of committee assignments and Senate organization, bringing the total to 59 Republican Conference The Senate Republican Conference is the formal organization of the Republican Senators in the United States Senate, who currently number 41. Over the last century, the mission of the Conference has expanded and been shaped as a means of informing the media of the opinions and activities of Senate Republicans. Today the Senate Republican Conference

Politics and procedure
Advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch Closed session In the Congress of the United States, a closed session is a parliamentary procedure for the Senate or the House of Representatives to discuss matters requiring secrecy (list The United States Senate has the authority for meeting in closed session, as described in the Standing Rules of the Senate) Cloture In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion". It was introduced into the · Committees A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures," committees monitor on-going governmental operations, identify issues suitable for (list This is a complete list of U.S. Congressional committees that are currently operating in the United States Senate) Executive session · Filibuster History · Quorum · Quorum call Recess appointment · Salaries Seal · Standing Rules · Traditions Unanimous consent VPs' tie-breaking votes
Places
United States Capitol Senate office buildings (Dirksen · Hart · Russell)

Article I, Section 3 of the Constitution sets three qualifications for senators: 1) each senator must be at least 30 years old, 2) must have been a citizen of the United States for at least the past nine years, and 3) must be (at the time of the election) an inhabitant of the state he or she seeks to represent. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62, James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character."

The Senate (not the judiciary) is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of members. As a result, three senators who failed to meet the age qualification were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), and Armistead Thomson Mason (aged 28 in 1816) and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since.[5] In 1934, Rush D. Holt, Sr. was elected to the Senate at the age of 29; he waited until he turned 30 to take the oath of office. Likewise, Joe Biden was elected to the Senate shortly before his 30th birthday in 1972; he had passed his 30th birthday by the time the Senate conducted its swearing-in ceremony for that year's incoming senators in January 1973.

The Fourteenth Amendment to the United States Constitution disqualifies from the Senate federal or state officers who had taken the requisite oath to support the Constitution, but later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who sided with the Confederacy from serving. That Amendment, however, also provides a method to remove that disqualification: a two-thirds vote of both chambers of Congress.

Elections and term

See also: Members of the 111th United States Congress and Elections in the United States

Originally, senators were selected by the state legislatures, not by popular elections. By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums.[6] Popular election to the Senate was standardized nationally in 1913 by the ratification of the 17th Amendment.

Term

Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of the last third expired after six years. This arrangement is also implemented following the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a mid-term vacancy is being filled. Current senators whose six-year terms will expire on January 3, 2011, belong to Class III.

A member who has been elected, but not yet seated, is called a "senator-elect"; a member who has been appointed to a seat, but not yet seated, is called a "senator-designate".

Elections

Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day, and coincide with elections for the House of Representatives.[7] Senators are elected by their state as a whole. In most states (since 1970), a primary election is held first for the Republican and Democratic parties, with the general election following a few months later. Ballot access rules for independent and minor party candidates vary from state to state. The winner is the candidate who receives a plurality of the popular vote. In some states, runoffs are held if no candidate wins a majority.

Mid-term vacancies

The Seventeenth Amendment allows governors, with the approval of their legislature, to appoint temporary senators until either a special or regular election takes place. The official wording provides that "the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct." Some states, as stated above, provide for a special election to fill a Senate vacancy. A special election need not be held immediately after the vacancy arises; often, it may wait until the next biennial congressional election. If a special election for one seat happens to coincide with a general election for the state's other seat, then the two elections are not combined, but are instead contested separately. A senator elected in a special election serves until the original six-year term expires, not for a full term.

Forty-six states permit governors to make Senate appointments of varying lengths as of 2009. Oregon and Wisconsin require special elections for vacancies, and Oklahoma permits the governor to appoint only the winner of a special election.[8] In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late Senator Kennedy until the special election in January 2010.[9][10] In 2004, Alaska enacted legislation and a separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator.[11] Because the 17th Amendment vests the power to grant that authority to the legislature — not the people or the state generally — it is unclear whether the ballot measure supplants the legislature's statute granting that authority.[11] As a result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy.

In 2009, Wisconsin Democratic Senator Russ Feingold announced he would introduce a bill proposing a constitutional amendment to require Senate vacancies be filled by special elections, as the Constitution already requires for vacancies in the House of Representatives.[12][13][14]

Oath

United States

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The Constitution requires that senators take an oath to support the Constitution.[15] Congress has prescribed the following oath for new senators:

I, A— B—, 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.[16]

Salary and benefits

The annual salary of each senator, as of 2009, is $174,000;[17] the president pro tempore and party leaders receive $193,400.[18] In June 2003, at least 40 of the then-senators were millionaires.[19]

Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service.[18] Senators are covered by the Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest 3 years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.[18]

Political prominence

Senators are regarded as more prominent political figures than members of the House of Representatives because there are fewer of them, and because they serve for longer terms, usually represent larger constituencies (the exception being House at-large districts, which similarly comprise entire states), sit on more committees, and have more staffers. Far more senators have been nominees for the presidency than representatives. Furthermore, three senators (Warren Harding, John Kennedy, and Barack Obama) have been elected president while serving in the Senate, while only one Representative (James Garfield) has been elected president while serving in the House.

Seniority

Main article: Seniority in the United States Senate

According to the convention of Senate seniority, the senator with the longer tenure in each state is known as the "senior senator"; the other is the "junior senator". This convention, however, does not have official significance, though it is a factor in the selection of physical offices.[citation needed] In the 111th Congress, the most-senior "junior senator" is Tom Harkin of Iowa, who was sworn in on January 3, 1985 and is currently 14th in seniority. The most-junior "senior senator" is Mark Udall of Colorado, who was sworn in on January 3, 2009—just two weeks before the state's junior senator, Michael Bennet – and is currently 85th in seniority.

Expulsion and other disciplinary actions

The Senate may expel a senator by a two-thirds vote. Fifteen senators have been expelled in the history of the Senate: William Blount, for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession. Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings—for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only a simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002.

Majority and minority parties

The "Majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus with or support either of the larger parties) are not considered in determining which is the majority party.

Officers

The Senate side of the United States Capitol in Washington, D.C.

The Vice President of the United States presides over the Senate, but the party leaders have the real power and they control procedure. Many non-member officers are also hired to run the day-to-day functions of the Senate.

Presiding over the Senate

The Vice President of the United States is the ex officio President of the Senate, with authority to preside over the Senate's sessions, although he can vote only to break a tie. For decades the task of presiding over Senate sessions was one of the vice president's principal duties. Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as joint sessions, or at times when a tie vote on an important issue is anticipated. The Constitution authorizes the Senate to elect a president pro tempore (Latin for "president for a time") to preside in the vice president's absence; the most senior senator of the majority party is customarily chosen to serve in this position. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates the responsibility of presiding to junior senators of the majority party, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body.

The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the Speaker of the House. The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing the results of votes.

Party leaders

Each party elects Senate party leaders. Floor leaders act as the party chief spokespeople. The Senate Majority Leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects a whip who works to ensure that their party's senators vote as the party leadership desires.

Non-member officers

The Senate is served by several officials who are not members. The Senate's chief administrative officer is the Secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Assistant Secretary of the Senate aids the secretary in their work. Another official is the Sergeant at Arms, who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handles routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the Chaplain, who is elected by the Senate, and Pages, who are appointed.

Procedure

Daily sessions

A typical Senate desk

The Senate uses Standing Rules of the Senate for operation. Like the House of Representatives, the Senate meets in the United States Capitol in Washington, D.C. At one end of the chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. By tradition, Republicans sit to the right of the center aisle and Democrats to the left, facing the presiding officer.[20] Each senator chooses a desk based on seniority within and party. By custom, the leader of each party sits in the front row along the center aisle. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2.

Senate procedure depends not only on the rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses the gavel of the Senate to maintain order.

A "hold" is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by a senator at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill the bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration.

Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the Leader, and are sometimes referred to as "secret holds." A senator may disclose that he or she has placed a hold.

The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. In practice, senators rarely request quorum calls to establish the presence of a quorum. Instead, quorum calls are generally used to temporarily delay proceedings; usually such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call.

Debate

During debates, senators may only speak if called upon by the presiding officer, but the presiding officer is required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of debate. Customarily, the Majority Leader and Minority Leader are accorded priority during debates even if another senator rises first. All speeches must be addressed to the presiding officer, who is addressed as "Mr. President" or "Madam President", and not to another member; other Members must be referred to in the third person. In most cases, senators do not refer to each other by name, but by state or position, using forms such as "the senior senator from Virginia", "the gentlewoman from California", or "my distinguished friend the Chairman of the Judiciary Committee". Senators address the Senate standing next to their desk.[21]

Apart from rules governing civility, there are few restrictions on the content of speeches; there is no requirement that speeches be germane to the matter before the Senate.

The rules of the Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. A legislative day begins when the Senate convenes and ends with adjournment; hence, it does not necessarily coincide with the calendar day. The length of these speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the budget process), limits are imposed by statute. However, the right to unlimited debate is generally preserved.

Filibuster and cloture

Main articles: Filibuster (United States Senate) and Reconciliation (United States Congress)

The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body—this includes amending provisions regarding the filibuster—a two-thirds majority is required. In current practice, the threat of filibuster is more important than its use; almost any motion that does not have the support of three-fifths of the Senate effectively fails. Historically, cloture has rarely been invoked because bipartisan support is usually necessary to obtain the required supermajority, so a bill that already has bipartisan support is rarely subject to threats of filibuster. However, motions for cloture have increased significantly in recent years.

If the Senate invokes cloture, debate does not end immediately; instead, it is limited to 30 additional hours unless increased by another three-fifths vote. The longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, who spoke for over 24 hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957.[22]

Under certain circumstances, the Congressional Budget Act of 1974 provides for a process called "reconciliation" by which Congress can pass bills related to the budget without those bills being subject to a filibuster. This is accomplished by limiting all Senate floor debate to 20 hours.[23]

Voting

When debate concludes, the motion in question is put to a vote. The Senate often votes by voice vote. The presiding officer puts the question, and Members respond either "Aye" (in favor of the motion) or "No" (against the motion). The presiding officer then announces the result of the voice vote. A senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; senators respond when their name is called. Senators who were not in the chamber when their name was called may still cast a vote so long as the voting remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. If the vote is tied, the vice president, if present, is entitled to a casting vote. If the vice president is not present, the motion fails.

Closed session

Main article: Closed session of the United States Congress

On occasion, the Senate may go into what is called a secret or closed session. During a closed session, the chamber doors are closed, cameras are turned off, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed sessions are rare and usually held only when the Senate is discussing sensitive subject matter such as information critical to national security, private communications from the president, or deliberations during impeachment trials. A senator may call for and force a closed session if the motion is seconded by at least one other member, but an agreement usually occurs beforehand.[24] If the Senate does not approve release of a secret transcript, the transcript is stored in the Office of Senate Security and ultimately sent to the national archives. The proceedings remain sealed indefinitely until the Senate votes to remove the injunction of secrecy.[25]

Calendars

The Senate maintains a Senate Calendar and an Executive Calendar.[26] The former identifies bills and resolutions awaiting Senate floor actions. The latter identifies executive resolutions, treaties, and nominations reported out by Senate committee(s) and awaiting Senate floor action. Both are updated each day the Senate is in session.

Committees

Dirksen Senate Office Building Committee Room 226 is used for hearings by the Senate Judiciary Committee. Main article: U.S. Congressional committee
See List of United States Senate committees for the full list.

The Senate uses committees (and their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. Formally, the whole Senate appoints committee members. In practice, however, the choice of members is made by the political parties. Generally, each party honors the preferences of individual senators, giving priority based on seniority. Each party is allocated seats on committees in proportion to its overall strength.

Most committee work is performed by 16 standing committees, each of which has jurisdiction over a field such as finance or foreign relations. Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers presidential nominations to offices related to its jurisdiction. (For instance, the Judiciary Committee considers nominees for judgeships, and the Foreign Relations Committee considers nominees for positions in the Department of State.) Committees may block nominees and impede bills from reaching the floor of the Senate. Standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence.

The Senate also has several committees that are not considered standing committees. Such bodies are generally known as select or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, although the bulk of legislative work is performed by the standing committees. Committees may be established on an ad hoc basis for specific purposes; for instance, the Senate Watergate Committee was a special committee created to investigate the Watergate scandal. Such temporary committees cease to exist after fulfilling their tasks.

The Congress includes joint committees, which include members from both the Senate and the House of Representatives. Some joint committees oversee independent government bodies; for instance, the Joint Committee on the Library oversees the Library of Congress. Other joint committees serve to make advisory reports; for example, there exists a Joint Committee on Taxation. Bills and nominees are not referred to joint committees. Hence, the power of joint committees is considerably lower than those of standing committees.

Each Senate committee and subcommittee is led by a chair (usually a member of the majority party). Formerly, committee chairs were determined purely by seniority; as a result, several elderly senators continued to serve as chair despite severe physical infirmity or even senility.[27] committee chairs are elected, but, in practice, seniority is rarely bypassed. The chairs hold extensive powers: they control the committee's agenda, and so decide how much, if any, time to devote to the consideration of a bill; they act with the power of the committee in disapproving or delaying a bill or a nomination by the president; they manage on the floor of the full Senate the consideration of those bills the committee reports. This last role was particularly important in mid-century, when floor amendments were thought not to be collegial. They also have considerable influence: senator who cooperate with their committee chairs are likely to accomplish more good for their states than those who do not. The Senate rules and customs were reformed in the twentieth century, largely in the 1970s. Committee chairmen have less power and are generally more moderate and collegial in exercising it, than they were before reform.[28] The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the ranking member.[29] In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the vice chair.

Functions of the Senate

Legislative functions

Further information: Act of Congress

Bills may be introduced in either House of Congress. However, the Constitution provides that "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, when the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. The constitutional provision barring the Senate from introducing revenue bills is based on the practice of the British Parliament, in which only the House of Commons may originate such measures.

Although the Constitution gave the House the power to initiate revenue bills, in practice the Senate is equal to the House in the respects of taxation and spending. As Woodrow Wilson wrote:[30]

The Senate's right to amend general appropriation bills has been allowed the widest possible scope. The upper house may add to them what it pleases; may go altogether outside of their original provisions and tack to them entirely new features of legislation, altering not only the amounts but even the objects of expenditure, and making out of the materials sent them by the popular chamber measures of an almost totally new character.

The approval of both houses is required for any bill, including a revenue bill, to become law. Both Houses must pass the same version of the bill; if there are differences, they may be resolved by sending amendments back and forth or by a conference committee, which includes members of both bodies.

Checks and balances

The Constitution provides several unique functions for the Senate that form its ability to "check and balance" the powers of other elements of the Federal Government. These include the requirement that the Senate may advise and must consent to some of the president's government appointments; also the Senate must ratify all treaties with foreign governments; it tries all impeachments, and it elects the vice president in the event no person gets a majority of the electoral votes.

The Senate has the power to try impeachments; shown above is Theodore R. Davis' drawing of the impeachment trial of President Andrew Johnson, 1867.

The president can make certain appointments only with the advice and consent of the Senate. Officials whose appointments require the Senate's approval include members of the Cabinet, heads of most federal executive agencies, ambassadors, Justices of the Supreme Court, and other federal judges. Under Article II, Section 2 of the Constitution, a large number of government appointments are subject to potential confirmation; however, Congress has passed legislation to authorize the appointment of many officials without the Senate's consent (usually, confirmation requirements are reserved for those officials with the most significant final decision-making authority). Typically, a nominee is first subject to a hearing before a Senate committee. Thereafter, the nomination is considered by the full Senate. The majority of nominees are confirmed, but in a small number of cases each year, Senate Committees will purposely fail to act on a nomination to block it. In addition, the president sometimes withdraws nominations when they appear unlikely to be confirmed. Because of this, outright rejections of nominees on the Senate floor are infrequent (there have been only nine Cabinet nominees rejected outright in the history of the United States).[citation needed]

The powers of the Senate concerning nominations are, however, subject to some constraints. For instance, the Constitution provides that the president may make an appointment during a congressional recess without the Senate's advice and consent. The recess appointment remains valid only temporarily; the office becomes vacant again at the end of the next congressional session. Nevertheless, presidents have frequently used recess appointments to circumvent the possibility that the Senate may reject the nominee. Furthermore, as the Supreme Court held in Myers v. United States, although the Senate's advice and consent is required for the appointment of certain executive branch officials, it is not necessary for their removal.[31]

The Senate also has a role in ratifying treaties. The Constitution provides that the president may only ratify a treaty if two-thirds of the senators vote to grant advice and consent. However, not all international agreements are considered treaties under US domestic law, even if they are considered treaties under international law. Congress has passed laws authorizing the president to conclude executive agreements without action by the Senate. Similarly, the president may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some scholars such as Laurence Tribe and John Yoo[32]to suggest that they unconstitutionally circumvent the treaty-ratification process. However, courts have upheld the validity of such agreements.[33]

The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting President of the United States is being tried, the Chief Justice of the United States presides over the trial. During an impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.

In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (One resigned before the Senate could complete the trial.)[34] Only two presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.

Under the Twelfth Amendment, the Senate has the power to elect the vice president if no vice presidential candidate receives a majority of votes in the Electoral College. The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. Electoral College deadlocks are rare. In the history of the United States, the Senate has only broke a deadlock once. In 1837, it elected Richard Mentor Johnson. The House elects the president if the Electoral College deadlocks on that choice.

Current composition and election results

Senators' party membership by state 2 Democrats 1 Democrat and 1 Republican 2 Republicans 1 Democrat and 1 independent in the Democratic Caucus

Current party standings

Main article: List of current United States Senators

The party composition of the Senate as of February 18, 2010:

Affiliation Members Note
Democratic Party 57
Republican Party 41
Independent 2 Both caucus with the Democrats
Total 100

See also

References

  1. ^ "Merriam-Webster's Online Dictionary: senate". http://www.merriam-webster.com/dictionary/senate. Retrieved 2008-06-01.
  2. ^ The District of Columbia elects two shadow senators, but they are officials of the D.C. city government and not members of the U.S. Senate.
  3. ^ Article I, Section 3: "The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote."
  4. ^ http://www.senate.gov/artandhistory/history/common/briefing/Direct_Election_Senators.htm
  5. ^ 1801-1850, November 16, 1818: Youngest Senator. United States Senate. Retrieved on 2007-11-17.
  6. ^ "Direct Election of Senators". U.S. Senate official website. http://www.senate.gov/artandhistory/history/common/briefing/Direct_Election_Senators.htm.
  7. ^ 2 U.S.C. § 1
  8. ^ Neale, Thomas H. (March 10, 2009). "Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments". Congressional Research Service. p. 8. http://assets.opencrs.com/rpts/R40421_20090310.pdf.
  9. ^ DeLeo, Robert A. (September 17, 2009). "Temporary Appointment of US Senator". Massachusetts Great and General Court. http://www.mass.gov/legis/laws/mgl/54-140.htm.
  10. ^ DeLeo, Robert A. (September 17, 2009). "Temporary Appointment of US Senator Shall not be a candidate in special election". Massachusetts Great and General Court. http://www.mass.gov/legis/ht04248.pdf.
  11. ^ a b "Stevens could keep seat in Senate". Anchorage Daily News. 2009-10-28. http://www.adn.com/politics/story/569836.html.
  12. ^ Halperin, Mark (January 26, 2009). "Feingold Statement on Amendment Proposal". Time. http://thepage.time.com/feingold-statement-on-amendment-proposal/.
  13. ^ Thrush, Glenn (January 25, 2009). "Feingold wants Constitutional amendment to ban gov appointments". Politico. http://www.politico.com/blogs/glennthrush/0109/Feingold_wants_Constitutional_amendment_to_ban_gov_appointments.html?showall.
  14. ^ Newmark, Betsy (2009-01-26). "Change I Can Believe In — Russ Feingold’s Very Good Idea". The Washington Times. http://foxforum.blogs.foxnews.com/2009/01/26/newmark_kennedy_blago/.
  15. ^ United States Constitution, Article VI
  16. ^ See: 5 U.S.C. § 3331; see also: Standing Rules of the Senate: Rule III
  17. ^ Salaries. United States Senate. Retrieved on April 17, 2009.
  18. ^ a b c USGovInfo.com (accessed April 17, 2009).
  19. ^ Sean Loughlin and Robert Yoon (2003-06-13). "Millionaires populate U.S. Senate". CNN. http://www.cnn.com/2003/ALLPOLITICS/06/13/senators.finances. Retrieved 2006-06-19.
  20. ^ CRS Report for Congress, "Guide to Individuals Seated on the Senate Dais" (updated May 6, 2008). Accessed 2009-01-06.
  21. ^ Martin B. Gold, Senate Procedure and Practice, p.39: Every member, when he speaks, shall address the chair, standing in his place, and when he has finished, shall sit down.
  22. ^ Quinton, Jeff. "Thurmond's Filibuster". Backcountry Conservative. 27 July 2003. Retrieved on 19 June 2006.
  23. ^ Reconciliation, 2 U.S.C. § 641(e) (Procedure in the Senate).
  24. ^ http://www.senate.gov/reference/resources/pdf/RS20145.pdf
  25. ^ http://www.senate.gov/reference/resources/pdf/98-718.pdf
  26. ^ "Calendars & Schedules" via Senate.gov
  27. ^ See, for examples, American Dictionary of National Biography on John Sherman and Carter Glass; in general, Ritchie, Congress, p. 209
  28. ^ Ritchie, Congress, p. 44. Zelizer, On Capitol Hill describes this process; one of the reforms is that seniority within the majority party can now be bypassed, so that chairs do run the risk of being deposed by their colleagues. See in particular p. 17, for the unreformed Congress, and pp.188–9, for the Stevenson reforms of 1977.
  29. ^ Ritchie, Congress, pp .44, 175, 209
  30. ^ Wilson Congressional Government, Chapter III: "Revenue and Supply". Text common to all printings or "editions"; in Papers of Woodrow Wilson it is Vol.4 (1968), p.91; for unchanged text, see p. 13, ibid.
  31. ^ Recess Appointments FAQ (PDF). US Senate, Congressional Research Service. Retrieved on November 20, 2007; Ritchie, Congress p. 178.
  32. ^ http://www.nytimes.com/2009/01/05/opinion/05bolton.html
  33. ^ For an example, and a discussion of the literature, see Laurence Tribe, "Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation", Harvard Law Review, Vol. 108, No. 6. (Apr., 1995), pp. 1221–1303.
  34. ^ Complete list of impeachment trials. United States Senate. Retrieved on November 20, 2007

Bibliography

Official Senate histories

The following are published by the Senate Historical Office.

Miscellaneous

External links

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Grassley says he'll reject final Wall St. overhaul bill - Washington Post (blog)
Wed, 14 Jul 2010 17:16:56 GMT+00:00
Washington Post (blog) ... yet against Democrat Roxanne Conlin. Here's his full statement about the bill: Republican - Chuck Grassley - United States Senate - Senate - Wall Street. It's Duck Season! Wall Street Journal Sen. Scott Brown and the Rebirth of New England Republicans Your Single Source for News Washington Week Sunshine State News FOXNews  - National Review Online (blog)  - Voice of America
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Tue Jul 27 05:42:46 2010
20090128 united states senate jpg
treehugger.com
20090128 united states senate jpg
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photo Phil Romans Yesterday the Senate Finance Committee approved $31 billion in tax credits and other financial incentives to support development of renewable energy help struggling

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Tue Jul 27 05:42:46 2010
General David Petraeus is a new Afghan war commander, United ...
headlinerwatch.com
General David Petraeus is a new Afghan war commander, United ...

BNO News

Wed, 30 Jun 2010 20:11:00 GM

Washington dc the US . Senate. on Wednesday established General David Petraeus as the new commander of . United States. Forces Afghanistan in a 99-0 undisputed.

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Tue Jul 27 05:42:46 2010
What year did the United States Senate adopt the recital of the Pledge of Allegiance as a daily ritual?
Q. The answer may surprise you. Hint: It was almost positively in your lifetime. Lib sticker you are right.
Asked by Freedom - Tue Jan 8 16:18:30 2008 - - 1 Answers - 0 Comments

A. 1999 by Strom Thurmond of SC ... I was waiting for someone else to answer because I answered the Flag question. Sorry, looks like no takers.
Answered by libsticker - Tue Jan 8 16:29:03 2008

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Tue Jul 27 05:42:46 2010