The United States Senate is the
upper chamber
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restricte ...
of the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
. Together, the United States Senate and the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
(the
lower chamber
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or othe ...
of Congress) comprise the federal
bicameral legislature
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. The Senate plays a role in the passage of federal legislation; it also confirms presidential appointments and provides a vital
check and balance
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
on the powers of the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
and
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
branches of government.
The composition and powers of the Senate are established by
Article One of the United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of ...
.
Each of the 50 states is represented by two
senators who serve
staggered terms of six years, for a total of 100 senators. From 1789 to 1913, each senator was appointed by the
state legislature
A state legislature is a legislative branch or body of a political subdivision in a federal system.
Two federations literally use the term "state legislature":
* The legislative branches of each of the fifty state governments of the United Sta ...
of the state they represented. Since 1913, each senator is elected by a statewide
popular vote
Popularity or social status is the quality of being well liked, admired or well known to a particular group.
Popular may also refer to:
In sociology
* Popular culture
* Popular fiction
* Popular music
* Popular science
* Populace, the total ...
, as required by the
Seventeenth Amendment.
As the upper chamber of Congress, the Senate has several powers of
advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previo ...
. These include the approval of
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
, and the confirmation of
Cabinet secretaries,
federal judges Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level.
United States
A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...
(including
justices of the Supreme Court),
flag officers
A flag officer is a commissioned officer in a nation's armed forces senior enough to be entitled to fly a flag to mark the position from which the officer exercises command.
The term is used differently in different countries:
*In many countries ...
, regulatory officials,
ambassadors
An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or sov ...
,
other federal executive officials and
federal uniformed officers. If no candidate receives a majority of
electors for vice president, the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of those
impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
by the House. The Senate has typically been considered both a more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less
partisan
Partisan may refer to:
Military
* Partisan (weapon), a pole weapon
* Partisan (military), paramilitary forces engaged behind the front line
Films
* ''Partisan'' (film), a 2015 Australian film
* ''Hell River'', a 1974 Yugoslavian film also know ...
atmosphere.
The
Senate chamber is located in the north wing of the
Capitol Building in Washington, D.C. The
vice president of the United States
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ...
serves as presiding officer and president of the Senate by
virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the
president pro tempore
A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being". ...
, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. In the early 1920s, the practice of majority and minority parties electing their
floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate majority leader.
History
The drafters of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
debated more about how to award representation in the Senate than about any other part of the Constitution.
While
bicameralism
Bicameralism is a type of legislature, one divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and ...
and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the
Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
—threatened to secede and won the day by a vote of 5–4 in what became known as the
Connecticut Compromise
The Connecticut Compromise (also known as the Great Compromise of 1787 or Sherman Compromise) was an agreement reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation each state woul ...
. The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators.
First convened in 1789, the Senate of the United States was formed on the example of the ancient
Roman Senate
The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...
. The name is derived from the ',
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for ''council of elders'', derived from ', meaning ''old man'' in Latin.
Article Five of the Constitution stipulates that no constitutional amendment may be created to deprive a state of its
equal suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959.
![Combined--Control of the U](https://upload.wikimedia.org/wikipedia/commons/7/72/Combined--Control_of_the_U.S._House_of_Representatives_-_Control_of_the_U.S._Senate.png)
Before the adoption of the
Seventeenth Amendment in 1913, senators were elected by the individual
state legislatures
A state legislature is a legislative branch or body of a political subdivision in a federal system.
Two federations literally use the term "state legislature":
* The legislative branches of each of the fifty state governments of the United Stat ...
. Problems with repeated vacant seats due to the inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators.
[
]
Membership
Qualifications
Article I, Section 3, of the Constitution, sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of the United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62
Federalist No. 62 is an essay by James Madison, the sixty-second of ''The Federalist Papers''. It was published on February 27, 1788 under the pseudonym Publius, the name under which all ''The Federalist'' papers were published. This is the fir ...
, James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character":
A senator must be thirty years of age at least; as a representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils.[Federalist Papers, No. 62](_blank)
, Library of Congress.
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 its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay
Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, al ...
(aged 29 in 1806), John Jordan Crittenden
John Jordan Crittenden (September 10, 1787 July 26, 1863) was an American statesman and politician from the U.S. state of Kentucky. He represented the state in the U.S. House of Representatives and the U.S. Senate and twice served as United ...
(aged 29 in 1817), Armistead Thomson Mason
Armistead Thomson Mason (August 4, 1787February 6, 1819), the son of Stevens Thomson Mason, was a U.S. Senator from Virginia from 1816 to 1817. Mason was also the second-youngest person to ever serve in the US Senate, at the age of 28 and 5 months ...
(aged 28 in 1816), and John Eaton John Eaton may refer to:
* John Eaton (divine) (born 1575), English divine
*John Eaton (pirate) (fl. 1683–1686), English buccaneer
*Sir John Craig Eaton (1876–1922), Canadian businessman
*John Craig Eaton II (born 1937), Canadian businessman an ...
(aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.
Rush Dew Holt Sr. (June 19, 1905 – February 8, 1955) was an American politician who was a United States Senator from West Virginia (1935–1941) and a member of the West Virginia House of Delegates (1931–1935, 1942–1950, 1954& ...
was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. In November 1972, Joe Biden was elected to the Senate at the age of 29, but he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973.
The Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who 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 had 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
Originally, senators were selected by the state legislatures
A state legislature is a legislative branch or body of a political subdivision in a federal system.
Two federations literally use the term "state legislature":
* The legislative branches of each of the fifty state governments of the United Stat ...
, 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. Popular election to the Senate was standardized nationally in 1913 by the ratification of the Seventeenth Amendment.
Elections
Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day
Election day or polling day is the day on which general elections are held. In many countries, general elections are always held on a Saturday or Sunday, to enable as many voters as possible to participate; while in other countries elections ar ...
, and occur simultaneously with elections for the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. Senators are elected by their state as a whole. The Elections Clause
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the ...
of the United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
grants each state (and Congress, if it so desires to implement a uniform law) the power to legislate a method by which senators are elected. Ballot access
Elections in the United States refers to the rules and procedures regulating the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots. As the nation's election process is decentralized b ...
rules for independent and minor party candidates also vary from state to state.
In 45 states, a primary election
Primary elections, or direct primary are a voting process by which voters can indicate their preference for their party's candidate, or a candidate in general, in an upcoming general election, local election, or by-election. Depending on the ...
is held first for the Republican and Democratic parties (and a select few third parties, depending on the state) with the general election following a few months later. In most of these states, the nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote.
However, in five states, different methods are used. In Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
, and Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, a nonpartisan blanket primary
A nonpartisan blanket primary is a primary election in which all candidates for the same elected office run against each other at once, regardless of the political party. Partisan elections are, on the other hand, segregated by political party. ...
(also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered the general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
and Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
, ranked-choice voting Ranked-choice voting may be used as a synonym for:
* Ranked voting, a term used for any voting system in which voters are asked to rank candidates in order of preference
* Instant-runoff voting (IRV), a specific ranked voting system with single-w ...
is used to nominate and elect candidates for federal offices, including the Senate.
Vacancies
The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of the Senate
The secretary of the Senate is an officer of the United States Senate. The secretary supervises an extensive array of offices and services to expedite the day-to-day operations of that body. The office is somewhat analogous to that of the clerk ...
mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for a full-term).
The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place.
The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states):[ NOTE: wherever present, references to page numbers in superscripts refer to the electronic (.pdf) pagination, not as found printed on the bottom margin of displayed pages.]
* Four states – North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
, Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
, and Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
– do not empower their governors to make temporary appointments, relying exclusively on the required special election provision in the Seventeenth Amendment.
* Eight states – Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
, Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
, Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, , Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
, and Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
– provide for gubernatorial appointments, but also require a special election on an accelerated schedule.
* The remaining thirty-eight states provide for gubernatorial appointments, "with the appointed senator serving the balance of the term or until the next statewide general election".
In ten states within the final category above – Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
, Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
, North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
, Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
, Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
, West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, and Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
– the governor must appoint someone of the same political party as the previous incumbent.
In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010.
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. 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. 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 May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either a regular or special Senate election.[
]
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 was also followed after 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 vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to the number of terms a senator may serve.
The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment, however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows the Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion.
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''.
Oath
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), including senators:
Salary and benefits
The annual salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis.
...
of each senator, since 2009, is $174,000; the president pro tempore and party leaders receive $193,400. at least 40 senators were millionaires; in 2018, over 50 senators were millionaires.
Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested
In law, vesting is the point in time when the rights and interests arising from legal ownership of a property is acquired by some person. Vesting creates an immediately secured right of present or future deployment. One has a vested right to an ...
after five years of service. Senators are covered by the Federal Employees Retirement System
The Federal Employees' Retirement System (FERS) is the retirement system for employees within the United States civil service. FERS became effective January 1, 1987, to replace the Civil Service Retirement System (CSRS) and to conform federal ret ...
(FERS) or Civil Service Retirement System
The Civil Service Retirement System (CSRS) is a public pension fund organized in 1920 that has provided retirement, disability, and survivor benefits for most civilian employees in the United States federal government. Upon the creation of a new ...
(CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. 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 three 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.
Seniority
By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population.
The senator in each state with the longer time in office is known as the ''senior senator'', while the other is the ''junior senator''. For example, majority leader Chuck Schumer
Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand
Kirsten Elizabeth Gillibrand (; ; born December 9, 1966) is an American lawyer and politician serving as the junior United States senator from New York since 2009. A member of the Democratic Party, she served as member of the U.S. House of Re ...
is New York's junior senator, having served since 2009.
Titles
Like members of the House of Representatives, Senators use the prefix "The Honorable
''The Honourable'' (British English) or ''The Honorable'' (American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certain ...
" before their names. Senators are usually identified in the media and other sources by party and state; for example, Democratic majority leader Chuck Schumer
Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
, who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state ('' see above''). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in.
Expulsion and other disciplinary actions
The Senate may expel a senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount
William Blount (March 26, 1749March 21, 1800) was an American Founding Father, statesman, farmer and land speculator who signed the United States Constitution. He was a member of the North Carolina delegation at the Constitutional Convention of ...
, for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate
Confederacy or confederate may refer to:
States or communities
* Confederate state or confederation, a union of sovereign groups or communities
* Confederate States of America, a confederation of secessionist American states that existed between 1 ...
secession
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
. Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood
Robert William Packwood (born September 11, 1932) is an American retired lawyer and politician from Oregon and a member of the Republican Party. He resigned from the United States Senate, under threat of expulsion, in 1995 after allegations of s ...
in 1995. The Senate has also censured and condemned senators; censure
A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
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
Robert Guy Torricelli (born August 27, 1951), is an American attorney and former politician. A Democrat, Torricelli served as a member of the U.S. House of Representatives from New Jersey's 9th district from 1983 to 1997 and as a United States sen ...
in 2002.
Majority and minority parties
The "majority party" is the political party
A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
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
A caucus is a meeting of supporters or members of a specific political party or movement. The exact definition varies between different countries and political cultures.
The term originated in the United States, where it can refer to a meeting ...
support either of the larger parties) are not considered in determining which is the majority party.
Seating
At one end of the chamber of the Senate is a dais
A dais or daïs ( or , American English also but sometimes considered nonstandard)[dais]
in the Random House Dictionary< ...
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
In mathematics (and more specifically geometry), a semicircle is a one-dimensional locus of points that forms half of a circle. The full arc of a semicircle always measures 180° (equivalently, radians, or a half-turn). It has only one line of ...
pattern and are divided by a wide central aisle. The Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
traditionally sits to the presiding officer's right, and the Republican Party
Republican Party is a name used by many political parties around the world, though the term most commonly refers to the United States' Republican Party.
Republican Party may also refer to:
Africa
*Republican Party (Liberia)
* Republican Part ...
traditionally sits to the presiding officer's left, regardless of which party has a majority of seats.
Each senator chooses a desk based on seniority within the party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington
The Burning of Washington was a British invasion of Washington City (now Washington, D.C.), the capital of the United States, during the Chesapeake Campaign of the War of 1812. It is the only time since the American Revolutionary War that a ...
. Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on the inside of the desk's drawer.
Officers
Except for the president of the Senate (who is the vice president), 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. Many non-member officers are also hired to run various day-to-day functions of the Senate.
Presiding officer
Under the Constitution, the vice president
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
serves as president of the Senate. They may vote in the Senate (''ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'', for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open the certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue is anticipated.
The Constitution authorizes the Senate to elect a president pro tempore
A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being". ...
(Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates the responsibility of presiding to a majority-party senator who presides over the Senate, 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. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian, who whispers what they should do".
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 speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.
Usage
The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
. 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
In parliamentary procedure, a point of order occurs when someone draws attention to a rules violation in a meeting of a deliberative assembly.
Explanation and uses
In ''Robert's Rules of Order Newly Revised'' (RONR), a point of order may be rai ...
(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 spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip), who works to ensure that his party's senators vote as the party leadership desires.
Non-member officers
In addition to the vice president, the Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate
The secretary of the Senate is an officer of the United States Senate. The secretary supervises an extensive array of offices and services to expedite the day-to-day operations of that body. The office is somewhat analogous to that of the clerk ...
, 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's work. Another official is the sergeant at arms
Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other uni ...
who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain
A chaplain is, traditionally, a cleric (such as a Minister (Christianity), minister, priest, pastor, rabbi, purohit, or imam), or a laity, lay representative of a religious tradition, attached to a secularity, secular institution (such as a hosp ...
, who is elected by the Senate, and pages
Page most commonly refers to:
* Page (paper), one side of a leaf of paper, as in a book
Page, PAGE, pages, or paging may also refer to:
Roles
* Page (assistance occupation), a professional occupation
* Page (servant), traditionally a young mal ...
, who are appointed.
Procedure
Daily sessions
The Senate uses Standing Rules A standing rule is a rule that relates to the details of the administration of a society and which can be adopted or changed the same way as any other act of the deliberative assembly. Standing rules can be suspended by a majority vote
A majo ...
for operation. Like the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, the Senate meets in the United States Capitol in Washington, D.C. At one end of the chamber of the Senate is a dais
A dais or daïs ( or , American English also but sometimes considered nonstandard)[dais]
in the Random House Dictionary< ...
from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. 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
Cable-Satellite Public Affairs Network (C-SPAN ) is an American cable and satellite television network that was created in 1979 by the cable television industry as a nonprofit public service. It televises many proceedings of the United States ...
.
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
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
. 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
A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
of the Senate to maintain order.
A "hold
Hold may refer to:
Physical spaces
* Hold (ship), interior cargo space
* Baggage hold, cargo space on an airplane
* Stronghold, a castle or other fortified place
Arts, entertainment, and media
* Hold (musical term), a pause, also called a Fermat ...
" 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 the placement of a hold.
The Constitution provides that a majority of the Senate constitutes a quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
to do business. Under the rules and customs of the Senate, a quorum is always assumed present unless a quorum call
In legislatures, a quorum call is used to determine whether a quorum is present. Since attendance at debates is not mandatory in most legislatures, it is often the case that a quorum of members is not present while debate is ongoing. A member w ...
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.
Journalist George Packer
George Packer (born August 13, 1960) is a US journalist, novelist, and playwright. He is best known for his writings for ''The New Yorker'' and ''The Atlantic'' about U.S. foreign policy and for his book '' The Assassins' Gate: America in Iraq''. ...
has argued that the Senate's arcane rules have rendered it obsolete and ineffective.
Debate
Debate, like most other matters governing the internal functioning of the Senate, is governed by internal rules adopted by the Senate. During a debate, 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 the 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 gentleman from California", or "my distinguished friend the chairman of the Judiciary Committee". Senators address the Senate standing next to their desks.
Apart from rules governing civility, there are few restrictions on the content of speeches; there is no requirement that speeches pertain 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