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United States Senate

United States Senate

] The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. In the Senate, each state is equally represented by two members, regardless of population; as a result, the total membership of the body is currently 100. Senators serve for six-year terms that are staggered so elections are held for approximately one-third of the seats (a "class") every second year. The Vice President of the United States is the presiding officer of the Senate but is not a senator and does not vote except to break ties. The Senate is regarded as a more deliberative body than the House of Representatives; the Senate is smaller and its members serve longer terms, allowing for a more collegial and less partisan atmosphere that is somewhat more insulated from public opinion than the House. The Senate has several exclusive powers enumerated in the Constitution not granted to the House; most significantly, the President cannot ratify treaties or make important appointments without the "Advice and Consent" of the Senate The Framers of the Constitution created a bicameral Congress out of a desire to have two houses to check each other. One house was intended to be a "people's house" that would be very sensitive to public opinion. The other house was intended to a more reserved, more deliberate forum of elite wisdom. The Constitution provides that the approval of both chambers is necessary for the passage of legislation. The exclusive powers enumerated to the Senate in the Constitution are regarded as more important than those exclusively enumerated to the House. As a result, the responsibilities of the Senate (the "upper house") are more extensive than those of the House of Representatives (the "lower house"). The Senate of the United States was named after the ancient Roman Senate. The chamber of the United States Senate is located in the north wing of the Capitol building, in Washington, D.C., the national capital. The House of Representatives convenes in the south wing of the same building.

History

Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented. The inefficacy of the federal government under the Articles led Congress to summon a Constitutional Convention in 1787; all states except Rhode Island agreed to send delegates. Many delegates called for a second Congressional chamber, modeled on the House of Lords (the aristocratic upper house of the British Parliament). For example, John Dickinson argued that the second chamber should "consist of the most distinguished characters, distinguished for their rank in life and their weight of property, and bearing as strong a likeness to the British House of Lords as possible." The structure of Congress was one of the most divisive issues facing the Convention. The Virginia Plan called for a bicameral Congress; the lower chamber would be elected directly by the people, and the upper chamber would be elected by the lower chamber. The Virginia Plan was primarily supported by the larger states, as it called for representation based on population in both Chambers. The smaller states, however, favored the New Jersey Plan, which called for a unicameral Congress with equal representation for the states. Eventually, a compromise, known as the Connecticut Compromise or the Great Compromise, was reached; one chamber of Congress (the House of Representatives) would provide proportional representation, whereas the other (the Senate) would provide equal representation. In order to further preserve the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its full implementation was set for March 4, 1789. However, the Senate could not begin work until a majority of the members assembled on April 6 of the same year. The Founding Fathers intended the Senate to be a more stable, deliberative body than the House of Representatives. James Madison described the Senate's purpose as "A necessary fence against...fickleness and passion". George Washington, in answer to a question by Thomas Jefferson, said "we pour legislation into the senatorial saucer to cool it (from The House of Representatives)". The early 19th century was marked by the service of distinguished orators and statesmen such as Daniel Webster, John C. Calhoun, Henry Clay, Stephen A. Douglas and Thomas Hart Benton. The era, however, was also marred by sectional clashes between the free North and the slaveholding South. For most of the first half of the 19th century, a balance between North and South existed in the Senate, as the numbers of free and slave states were equal. Southern senators could often block schemes passed by the House of Representatives, a body dominated by the populous North. Sectional conflict was most pronounced over the issue of slavery, and persisted until the Civil War (1861–1865). The war, which began soon after several southern states declared secession from the Union, culminated in the South's defeat and in the abolition of slavery. The ensuing years of Reconstruction witnessed large majorities for the Republican Party, which many Americans associated with the Union's victory in the Civil War. The efforts of "Radical Republicans" led to the impeachment of Democratic President Andrew Johnson in 1868 for political purposes; the trial ultimately ended in acquittal, with the Senate falling one vote short of the two-thirds majority requisite for conviction. Reconstruction ended in 1877, at approximately the same time as the Gilded Age began. This period was marked by sharp political divisions in the electorate; both the Democrats and the Republicans were in power in the Senate, but neither could obtain large majorities. At the same time the Senate descended into a period of irrelevance that stood in sharp contrast with the pre-Civil War era. Very few senators had long and distinguished careers, with most serving but for a single term. The corruption of state legislatures was also widespread; nine cases of bribery in Senate elections arose between 1866 and 1906. Many individuals, furthermore, perceived the Senate as a bastion of the rich and the elite. Several reformers of the Progressive Era pushed for the direct election of senators by the people, rather than state legislatures; they achieved their objective in 1913 with the ratification of the Seventeenth Amendment. The Amendment ultimately had the result of making senators more responsive to the concerns of voters. Some have argued that, as a result of this amendment, the states have no real representation in Congress, since senators are now directly elected by the people rather than by state legislatures. Others argue that a state is, by definition, one and the same as the citizens thereof, and that both directly elected and appointed senators ultimately represent the people. In the 1910s a Senate leadership structure developed, with Henry Cabot Lodge and John Worth Kern becoming the unofficial leaders of the Republican and Democratic parties, respectively. The Democrats appointed their first official leader, Oscar Underwood, in 1925; the Republicans followed with Charles Curtis in 1925. Initially, the powers of the leaders were very limited, and individual senators—especially the chairmen of important committees—still held more clout. The influence of the party leaders, however, would eventually grow, especially during the tenures of skilled leaders such as Lyndon B. Johnson.

Members and elections

Article One of the Constitution stipulates that each state may elect two senators. The Constitution further stipulates that no constitutional amendment may deprive a state of its equal suffrage in the Senate without the consent of the state concerned. The District of Columbia and territories are not entitled to any representation. As there are presently 50 states, the Senate comprises 100 members. The senator from each state with the longer tenure is known as the "senior senator," and his or her counterpart as the "junior senator"; this convention, however, does not have any special significance. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years. The staggering of the terms is arranged such that both seats from a given state are never contested in the same general election. Senate elections are held on the first Tuesday after the first Monday in November, Election Day, and coincide with elections for the House of Representatives. Each senator is elected by his or her state as a whole. Generally, the Republican and Democratic parties choose their candidates in primary elections, which are typically held several months before the general elections. Ballot access rules for independent and third party candidates vary from state to state. For the general election, almost all states use the first-past-the-post system, under which the candidate with a plurality of votes (not necessarily an absolute majority) wins. The two exceptions are Louisiana and Washington, which use runoff voting. Once elected, a senator continues to serve until the expiry of his or her term, death, or resignation. Furthermore, the Constitution permits the Senate to expel any member with a two-thirds majority vote to do so. Fifteen members have been expelled in the history of the Senate; 14 of them were removed in 1861 and 1862 for supporting the Confederate secession, which led to the American Civil War. No senator has been expelled since; however, many have chosen to resign when faced with expulsion proceedings (most recently, Bob Packwood in 1995). The Senate has also passed several resolutions censuring members; censure requires only a simple majority and does not remove a senator from office. The Seventeenth Amendment provides that vacancies in the Senate, however they arise, may be filled by special elections. A special election for a Senate seat need not be held immediately after the vacancy arises; instead, it is typically conducted at the same time as 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, and not for a full term of his or her own. Furthermore, the Seventeenth Amendment provides that any state legislature may empower the Governor to temporarily fill vacancies. The interim appointee remains in office until the special election can be held. All states, with the sole exception of Arizona, have passed laws authorizing the Governor to make temporary appointments. Senators are entitled to prefix "The Honorable" to their names. The annual salary of each senator, as of 2005, is $162,100; the President pro tempore and party leaders receive larger amounts. Analysis of financial disclosure forms by CNN in June 2003 revealed that at least 40 of the then senators were millionaires. In general, senators are regarded as more important political figures than members of the House of Representatives because there are fewer of them, and because they serve for longer terms, represent larger constituencies (except for House at-large districts, which comprise entire states), sit on more committees, and have more staffers. The prestige commonly associated with the Senate is reflected by the background of presidents and presidential candidates; far more sitting senators have been nominees for the presidency than sitting representatives.

Qualifications

Article I, Section 3 of the Constitution sets forth three qualifications for senators: each senator must be at least thirty years old, must have been a citizen of the United States for at least the past nine years, and must be (at the time of the election) an inhabitant of the state he or she represents. 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." Furthermore, under the Fourteenth Amendment, any federal or state officer who takes the requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a senator. 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. The Amendment, however, provides that a disqualified individual may still serve if two-thirds of both Houses of Congress vote to remove the disability. Under the Constitution, the Senate (not the courts) is empowered to judge if an individual is qualified to serve. During its early years, however, the Senate did not closely scrutinize the qualifications of members. As a result, three individuals that were Constitutionally disqualified due to age were admitted to the Senate: twenty-nine-year-old Henry Clay (1806), and twenty-eight-year-olds Armistead Mason (1816) and John Eaton (1818). Such an occurrence, however, has not been repeated since. In 1934, Rush Holt was elected to the Senate at the age of twenty-nine; he waited until he turned thirty to take the oath of office.

Officers

The party with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the Vice President's affiliation determines which is the majority party. The next-largest party is known as the minority party. The President pro tempore, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. The Constitution provides that the Vice President of the United States serves as the President of the Senate and holds a vote which can only be cast to break a tie. By convention, the Vice President presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators) or at times when his or her vote may be needed to break a tie. The Constitution also authorizes the Senate to elect a President pro tempore (Latin for "temporary president") to preside in the Vice President's absence; the most senior senator of the majority party is customarily chosen to serve in this position. The President pro tempore is currently Senator Ted Stevens (R) of Alaska. Like the Vice President, the President pro tempore does not normally preside over the Senate. Instead, he or she typically delegates the responsibility of presiding to junior senators of the majority party. Frequently, freshmen senators (newly elected members) are allowed 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 are extremely limited; he or she primarily acts as the Senate's mouthpiece, performing duties such as announcing the results of votes. The Senate's presiding officer controls debates by calling on members to speak; the rules of the Senate, however, compel him or her to recognize the first senator who rises. The presiding officer may rule on any "point of order" (a senator's objection that a rule has been breached), but the decision is subject to appeal to the whole house. Thus, the powers of the presiding officer of the senate are far less extensive than those of the Speaker of the House. Each party elects a senator to serve as floor leader, a position which entails acting as the party's chief spokesperson. The Senate Majority Leader is, furthermore, responsible for controlling the agenda of the Senate; for example, he or she schedules debates and votes. Each party also elects a whip to assist the leader. A whip works to ensure that his or her party's senators vote as the party leadership desires. The Senate is also 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 Secretary is aided in his or her work by the Assistant Secretary of the Senate. 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 and Pages.

Procedure

Pages]] 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 (the Vice President or the President pro Tempore) 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; the desks are divided by a wide central aisle. By tradition, Democrats sit on the right of the center aisle, while Republicans sit on the left, as viewed from the presiding officer's chair. Each senator chooses a desk on the basis of seniority within his or her party; by custom, the leader of each party sits in the front row. Sittings are normally held on weekdays; meetings on Saturdays and Sundays are rare. Sittings of the Senate are generally open to the public and are broadcast live on television by C-SPAN 2. Senate procedure depends not only on the rules, but also on a variety of customs and traditions. In many cases, the Senate waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. Any 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 often uses the gavel of the Senate to maintain order. 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 to be present unless a quorum call explicitly demonstrates otherwise. Any 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 almost always request quorum calls not to establish the presence of a quorum, but to temporarily delay proceedings. Such a delay may serve one of many purposes; often, it allows Senate leaders to negotiate compromises off the floor. Once the need for a delay has ended, any senator may request unanimous consent to rescind the Quorum Call. During debates, senators may only speak if called upon by the presiding officer. The presiding officer is, however, 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, using the words "Mr. President" or "Madam President." Only the presiding officer may be directly addressed in speeches; 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, using forms such as "the senior senator from Virginia" or "the junior senator from California." There are very 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. In general, however, the right to unlimited debate is preserved. 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 longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, who spoke for over twenty-four hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957. 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, a two-thirds majority is required. Cloture is invoked very rarely, particularly because bipartisan support is usually necessary to obtain the required supermajority. If the Senate does invoke cloture, debate does not end immediately; instead, further debate is limited to thirty additional hours unless increased by another three-fifths vote. When debate concludes, the motion in question is put to a vote. In many cases, the Senate 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. Any 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; each senator responds when his or her name is called. Senators who miss the roll call may still cast a vote as long as the recorded vote 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, however, the motion is resolved in the negative. On occasion, the Senate may go into what is called a secret, or closed session. During a closed session, the chamber doors are closed, 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 quite rare, and usually held only under very certain circumstances where the senate is discussing sensitive subject-matter such as information critical to national security, private communications from the President, or even to discuss Senate deliberations during impeachment trials. Any Senator has the right to call a closed session as long as the motion is seconded. Budget bills are governed under a special rule process called "Reconciliation" that disallows filibusters. Reconciliation was devised in 1974 but came into use in the early 1980s.

Committees

Reconciliation The Senate uses committees (as well as their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. The appointment of committee members is formally made by the whole Senate, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual senators, giving priority on the basis of seniority. Each party is allocated seats on committees in proportion to its overall strength. Most committee work is performed by sixteen standing committees, each of which has jurisdiction over a specific 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 have extensive powers with regard to bills and nominees; they may block nominees and impede bills from reaching the floor of the Senate. Finally, 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 committees or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, though 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. Finally, the Congress includes joint committees, which include members of 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 chairman (always a member of the majority party). Formerly, committee chairmanship was determined purely by seniority; as a result, several elderly senators continued to serve as chairmen despite severe physical infirmity or even senility. Now, committee chairmen are in theory elected, but in practice, seniority is very rarely bypassed. The chairman's powers are extensive; he or she controls the committee's agenda, and may prevent the committee from approving a bill or presidential nomination. Modern committee chairmen are typically not forceful in exerting their influence, although there have been some exceptions. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the Ranking Member. In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the Vice Chairman.

Legislative functions

Most 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, whenever 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: :[T]he Senate's right to amend [revenue 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 the Senate and the House of Representatives is required for any bill, including a revenue bill, to become law. Both Houses must pass the exact same version of the bill; if there are differences, they may be resolved by a conference committee, which includes members of both bodies.

Checks and balances

The Constitution provides that 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 federal executive agencies, ambassadors, Justices of the Supreme Court, and other federal judges. However, Congress may pass legislation to authorize the appointment of less important officials without the Senate's consent. Typically, a nominee is first subject to a hearing before a Senate committee. Committees may block nominees, but do so relatively infrequently. Thereafter, the nomination is considered by the full Senate. In a majority of the cases, nominees are confirmed; rejections of Cabinet nominees are especially rare (there have been only nine nominees rejected outright in the history of the United States). The powers of the Senate with respect to 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. The Senate also has a role in the process of 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, and therefore do not require the Senate's approval. 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 to suggest that they unconstitutionally circumvent the treaty-ratification process. However, the validity of such agreements has been upheld by the courts. congressional-executive agreement congressional-executive agreement 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 must preside over the trial. During any 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 in the future. 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.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. 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 very rare; in the history of the United States, the Senate has only had to break a deadlock once, in 1837, when it elected Richard Mentor Johnson. The power to elect the President in the case of an electoral college deadlock belongs to the House of Representatives.

Current composition

For the 109th United States Congress, current as of January 4 2005:

References

- Berman, Daniel M. In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company, 1964.
- Byrd, Robert C. The Senate. (4 vols.) Washington, D.C.: Government Printing Office, 1988-1993.
- Congressional Quarterly's Guide to Congress, 5th ed. Washington, D.C.: Congressional Quarterly Press, 2000.
- Frumin, Alan S. [http://www.access.gpo.gov/congress/senate/riddick/ Riddick's Senate Procedure]. Washington, D.C.: Government Printing Office, 1992.
- Story, Joseph. Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little, 1891.
- Wilson, Woodrow. Congressional Government. New York: Houghton Mifflin, 1885.

External links

- [http://www.senate.gov The United States Senate Official Website.]
- [http://bioguide.congress.gov/biosearch/biosearch.asp Biographical Directory of the United States Congress, 1774 to Present.] United States Category:National upper houses ja:アメリカ合衆国上院 simple:United States Senate

United States House of Representatives

The United States House of Representatives is one of the two houses of the Congress of the United States. Each state is represented in the House proportional to its population, but each state is entitled to at least one Representative. The total number of Representatives is currently fixed at 435, each of whom serve two-year terms. Congress has the power to alter the total membership. The presiding officer of the House is known as the Speaker. The bicameral Congress arose from the desire of the Founding Fathers to create a "house of the people" that would closely resemble and follow public opinion, and a more deliberative, learned and reserved Senate which would be less susceptible to the frenzies of mass sentiment. It is conventional to consider the House as the "lower house", and the Senate as the "upper house", although the U.S. Constitution, does not use such language. The Constitution provides that the approval of both houses is necessary for the passage of legislation. The House is generally considered a more partisan chamber than the Senate. Many of the Founding Fathers intended the Senate (originally elected by the state legislatures) to be a check on the popularly elected House, just as the House was to be a check on the Senate. The "advice and consent" powers (such as the power to approve treaties) were therefore granted to the Senate alone. The House was granted its own exclusive powers: the power to initiate revenue bills, impeach officials, and elect the President in electoral college deadlocks. However, the Senate can propose amendments to spending bills, tries impeached officials, and chooses the Vice President in an electoral college deadlock. The Senate and its members generally have greater prestige than the House and its members. Senators serve longer terms, are less numerous, and (in most cases) represent larger constituencies than members of the House. Senate.]]

History

Under the Articles of Confederation, Congress was a unicameral body in which each state held one vote. The ineffectiveness of the federal government under the Articles led Congress to summon a Constitutional Convention in 1787; all states except Rhode Island agreed to send delegates. The issue of how Congress was to be structured was one of the most divisive during the Convention. James Madison's Virginia Plan called for a bicameral Congress; the lower house would be elected directly by the people, and the upper house would be elected by the lower house. The plan drew the support of delegates from large states such as Virginia, Massachusetts, and Pennsylvania, as it called for representation based on population. The smaller states, however, favored the New Jersey Plan, which called for a unicameral Congress with equal representation for the states. Eventually, the Convention reached the Connecticut Compromise, or the Great Compromise, under which one house of Congress (the House of Representatives) would provide proportional representation, whereas the other (the Senate) would provide equal representation. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its full implementation was set for March 4, 1789. The House began work on April 1, 1789, when it achieved a quorum for the first time. During the first half of the nineteenth century, the House was frequently in conflict with the Senate over sectionally divisive issues, including slavery. The North was much more populous than the South, and therefore dominated the House of Representatives. However, the North held no such advantage in the Senate, where the equal representation of states prevailed. Sectional conflict was most pronounced over the issue of slavery. One example of a provision repeatedly supported by the House but blocked by the Senate was the Wilmot Proviso, which sought to ban slavery in the land gained during the Mexican-American War. Conflict over slavery and other issues persisted until the Civil War (1861–1865), which began soon after several southern states declared secession from the Union. The war culminated in the South's defeat and in the abolition of slavery. The years of Reconstruction that followed witnessed large majorities for the Republican Party, which many Americans associated with the Union's victory in the Civil War. Reconstruction ended in about 1877; the ensuing era, known as the Gilded Age, was marked by sharp political divisions in the electorate. Both the Democratic and the Republican Party held majorities in the House at various times. The late 19th and early 20th centuries also saw a dramatic increase in the power of the Speaker of the House. The rise of the Speaker's influence began in the 1890s, during tenure of Republican Thomas Brackett Reed. "Czar Reed," as he was nicknamed, attempted to put into effect his view that "The best system is to have one party govern and the other party watch." The leadership structure of the House also developed during approximately the same period, with the positions of Majority Leader and Minority Leader being created in 1899. While the Minority Leader was the head of the minority party, the Majority Leader remained subordinate to the Speaker. The Speakership reached its zenith during the term of Republican Joseph Gurney Cannon, 1903 to 1911. The powers of the Speaker included chairmanship of the influential Rules Committee and the ability to appoint members of other House committees. These powers, however, were curtailed in the "Revolution of 1910" due to the efforts of Democrats and dissatisfied Republicans who opposed Cannon's arguably heavy-handed tactics. The Democratic Party dominated the House of Representatives during most of the administration of Franklin D. Roosevelt (1933–1945), often winning over two-thirds of the seats. Both Democrats and Republicans were in power at various times during the next decade. However, after winning the elections of 1954, the Democratic Party would maintain control of the House for the next forty years. In the mid-1970s, there were major reforms of the House, strengthening the power of sub-commmittees at the expense of committee chairman and allowing party leaders to nominate committee chairs. These actions were taken to undermine the "seniority" system, and to reduce the ability of a small number of senior members to obstruct legislation they did not favor. There was also a shift from the 1970s to greater control of the legislative program by the majority party; in particular, the power of party leaders (especially the Speaker) grew considerably. The Republicans swept back into power only in 1995, under the leadership of Speaker Newt Gingrich (see Republican Revolution). Gingrich attempted to pass a major legislative program, the Contract With America on which the House Republicans had been elected, and made major reforms of the House, notably reducing the tenure of committee chairs to three two-year terms.

Membership

Contract With America Under article one, section two of the constitution, seats in the House of Representatives are apportioned among the states on the basis of population, as determined by a census conducted every ten years. Each state, however, is entitled to at least one representative. The only constitutional rule relating to the size of the House is that it may consist of no more than one member for every thirty thousand people. As the US population increased, this minumum proved untenable (adhering to this mimumum would today fill the House with over 9800 members), and Congress fixed the size of the House at 435 seats in 1911 (see Public Law 62-5). The figure was temporarily increased to 437 in 1959 to reflect the admission of Alaska and Hawaii as states, but returned to 435 four years later. The Constitution does not provide for the representation of the District of Columbia or of territories. However, Congress has passed legislation permitting them to elect delegates or Resident Commissioners. Delegates and Resident Commissioners are permitted to participate in debates and to vote in committees, but they may not vote on the floor of the House. The District of Columbia and the territories of American Samoa, Guam, and the U.S. Virgin Islands are represented by a delegate each. Only Puerto Rico elects a Resident Commissioner. States that are entitled to more than one representative must be divided into single-member districts. Typically, states conduct redistricting after each census, though states are allowed to redraw the boundaries at other times as well (see Redistricting warrant). Each state determines its own district boundaries, either through legislation or by a non-partisan panel. "Malapportionment" is unconstitutional and districts must be approximately equal in population (see Wesberry v. Sanders). The Voting Rights Act prohibits states from gerrymandering districts to reduce ethnic minorities' voting power. Using gerrymandering for political gain is not prohibited, even when political gerrymandering incidentally involves the creation of racially concentrated districts. Due to gerrymandering, fewer than 10% of all House seats are seriously contested in each election cycle. The fact that over 90% of House members are nearly guaranteed reelection every two years due to lack of electoral competition, has been criticized because it can be seen as against one of the main principles of democracy (fair competition). The legal gerrymandering of the House, combined with the institutionalized gerrymandering of the Senate and the Electoral College, have been criticized as being antithetical to democracy and representative government. Article I, Section 2 of the Constitution sets forth three qualifications for representatives: each representative must be at least twenty-five years old, must have been a citizen of the United States for at least the past seven years, and must be (at the time of the election) an inhabitant of the state he or she represents. It is not, however, requisite for the representative to live in his or her district. The age and citizenship qualifications for representatives are less stringent than those for senators. Furthermore, under the Fourteenth Amendment, any federal or state officer who takes the requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a representative. This provision, which came into force soon after the end of the American Civil War, was intended to prevent those who sided with the Confederacy from serving. The Amendment, however, provides that a disqualified individual may still serve if two-thirds of both Houses of Congress vote to remove the disability. Elections are held in every even-numbered year, on the first Tuesday after the first Monday in November (Election Day (United States)). Generally, the Republican and Democratic parties choose their candidates in primary elections, which are typically held several months before the general elections. Ballot access rules for independent and third-party candidates vary from state to state. For the general election, almost all states use the first-past-the-post system, under which the candidate with a plurality of votes (not necessarily an absolute majority) wins. The sole exception is Louisiana, which uses runoff voting. All vacancies that arise during a term must be filled by special elections, conducted in the same manner. Representatives and delegates serve for two-year terms, whereas the Resident Commissioner serves for four years. Once elected, a representative continues to serve until the expiry of his or her term, death, or resignation. Furthermore, the Constitution permits the House to expel any member with a two-thirds majority. In the history of the United States, only five members have been expelled from the House; three of them were removed in 1861 for supporting the Confederate secession, which led to the American Civil War. In 1980, Michael Myers was expelled for accepting bribes and James Traficant was expelled in 2002 following his conviction for corruption. The House also has the power to censure its members; censure requires only a simple majority, but does not remove a member from office. Representatives are entitled to prefix "The Honorable" to their names. A member of the House is commonly referred to as a "Congressman" or "Congresswoman". Although the Senate also forms a part of Congress, these terms are generally not applied to Senators. The term "Representative" is also used to refer to a member of the House, although this term is less frequently used. Among academics and journalists, the term "Member of Congress" (MC) is gaining popularity in reference to members of both houses, with "Representative" replacing "Congressman/woman". The annual salary of each Representative is $162,100. The Speaker of the House and the Majority and Minority Leaders earn higher salaries. By comparison, Senators earn the same as Representatives, cabinet members $180,100, and the President of the United States $400,000.

Officers

The party with a majority of seats in the House is known as the majority party; the next-largest party is the minority party. The Speaker, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. The Constitution provides that the House may choose its own Speaker. Although not explicitly required by the Constitution, every Speaker has been a member of the House. The Constitution does not specify the duties and powers of the Speaker, which are instead regulated by the rules and customs of the House. The Speaker has a role both as a leader of the House and the leader of his or her party (always the majority party). Under the Presidential Succession Act (1947), the Speaker is second in line behind the Vice President to succeed the President. The Speaker is the presiding officer of the House, but does not preside over every debate. Instead, he or she delegates the responsibility of presiding to other members in most cases. The presiding officer sits in a chair in the front of the House chamber. The powers of the presiding officer are extensive; one important power is that of controlling the order in which members of the House speak. No member may make a speech or a motion unless he or she has first been recognized by the presiding officer. Moreover, the presiding officer may rule on any "point of order" (a member's objection that a rule has been breached), but the decision is subject to appeal to the whole House. The Speaker is the chair of his or her party's steering committee, which chooses the chairmen of standing committees. The Speaker determines which committees consider bills, appoints most of the members of the Rules Committee, and appoints all members of conference committees. When the Presidency and Congress are controlled by different parties, the Speaker can become the de facto "leader of the opposition." Since the Speaker is a partisan officer with substantial power to control the business of the House, the position is often used for partisan advantage. Each party elects a floor leader, who is known as the Majority Leader or Minority Leader. While the Minority Leader is the full leader of his or her party, the same is not true of the Majority Leader. Instead, the Speaker is the head of the majority party; the Majority Leader is only the second-highest official. Each party also elects a whip, who works to ensure that his or her party's members vote as the party leadership desires. Representatives are generally less independent of party leaders than senators, and usually vote as the leadership directs. Incentives to cooperate include the leadership's power to select committee chairmen. As a result, the leadership plays a much greater role in the House than in the Senate, and the atmosphere of the House is regarded by many as more partisan. The House is also served by several officials who are not members. The House's chief officer is the Clerk, who maintains public records, prepares documents, and oversees junior officials. The Clerk also presides over the House at the beginning of each new Congress pending the election of a Speaker. Another officer is the Chief Administrative Officer, responsible for the day-to-day administrative support to the House of Representatives. This includes everything from payroll to food service. The last House official is the Sergeant-at-Arms, who, as the House's chief law enforcement officer, maintains order and security on House premises. Routine police work is actually handled by the Capitol Police, which is supervised by the Capitol Police Board, a body to which the Sergeant-at-Arms belongs. The position of Chief Administrative Officer was created following the 1994 takeover of the House by Republicans replacing the positions of Doorkeeper and Postmaster.

Procedure

Like the Senate, the House of Representatives meets in the United States Capitol in Washington, D.C. At one end of the chamber of the House is a rostrum from which the Speaker presides. The lower tier of the rostrum is used by clerks and other officials. Members' desks are arranged in the chamber in a semicircular pattern; the desks are divided by a wide central aisle. By tradition, Democrats sit on the right of the center aisle, while Republicans sit on the left, as viewed from the presiding officer's chair. Sittings are normally held on weekdays; meetings on Saturdays and Sundays are rare. Sittings of the House are generally open to the public and are broadcast live on television by C-SPAN. The procedure of the House depends not only on the rules, but also on a variety of customs, precedents, and traditions. In many cases, the House waives some of its stricter rules (including time limits on debates) by unanimous consent. Any member may block a unanimous consent agreement, but in practice, objections are rare. The presiding officer enforces the rules of the House, and may warn members who deviate from them. The presiding officer uses a gavel to maintain order. The Constitution provides that a majority of the House constitutes a quorum to do business. Under the rules and customs of the House, a quorum is always assumed to be present unless a quorum call explicitly demonstrates otherwise. Any member may make a point of order that a quorum is not present; if the presiding officer accepts the point of order, a quorum call may be held. Although a majority of members are not normally present during debates, objections that a quorum is not present are rarely made. During debates, a member may only speak if called upon by the presiding officer. The presiding officer may determine which members to recognize, and may therefore control the course of debate. All speeches must be addressed to the presiding officer, using the words "Mr. Speaker" or "Madam Speaker." Only the presiding officer may be directly addressed in speeches; other members must be referred to in the third person. In most cases, members do not refer to each other by name, but by state, using forms such as "the gentleman from Virginia" or "the gentlewoman from California." Before legislation reaches the floor of the House, the Rules Committee normally passes a rule to govern debate on that measure. For instance, the committee determines if amendments to the bill are permitted. An "open rule" permits all germane amendments, but a "closed rule" restricts or even prohibits amendment. Debate on a bill is generally restricted to one hour, equally divided between the majority and minority parties. Each side is led during the debate by a "floor manager," who allocates debate time to members who wish to speak. On contentious matters, many members may wish to speak; thus, a member may receive as little as one minute, or even thirty seconds, to make his or her point. When debate concludes, the motion in question is put to a vote. In many cases, the House 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. Any member, however, may challenge the presiding officer's assessment and "request the yeas and nays" or "request a recorded vote." The request may be granted only if it is seconded by one-fifth of the members present. In practice, however, congressmen second requests for recorded votes as a matter of courtesy. Recorded votes are automatically held in some cases, such as votes on the annual budget. The House may vote in three manners. Firstly, the House may vote by electronic device; each member uses a personal identification card to record his or her vote at one of 44 voting stations in the chamber. Votes are almost always held by electronic device. Secondly, the House may conduct a teller vote. Members hand in colored cards to indicate their votes: green for "Yea," red for "Nay," and orange for "Present" (i.e., to abstain). Teller votes are normally held only when the computer system breaks down. Finally, the House may conduct a roll call vote. The clerk reads the list of members of the House, each of whom announces his or her vote when his or her name is called. This procedure is reserved for very formal votes (such as the election of a Speaker) due to the time consumed by calling over four hundred names. Voting traditionally lasts for fifteen minutes, but it may be extended if the leadership needs to "whip" more Congressmen into alignment. The 2003 vote on the Prescription Drug Benefit was open for three hours, from 3:00 to 6:00 AM. The 2005 vote on CAFTA was open for one hour, from 11:00 PM to 12:00 AM. An October 2005 vote on facilitating refinery construction was kept open for forty minutes. The presiding officer may vote, like any other member. If a vote is tied, the presiding officer does not have a casting vote (unless he or she has not yet cast his or her vote). Instead, motions are decided in the negative when ties arise.

Committees

The Houses uses committees (as well as their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. The appointment of committee members is formally made by the whole House, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual congressmen and congresswomen, giving priority on the basis of seniority. Each party is allocated seats on committees in proportion to its overall strength. The largest committee of the House is the Committee of the Whole, which, as its name suggests, consists of all members of the House. The Committee meets in the House chamber; it may consider and amend bills, but may not grant them final passage. Generally, the debate procedures of the Committee of the Whole are more flexible than those of the House itself. Most committee work is performed by twenty standing committees, each of which has jurisdiction over a specific field such as Agriculture or International Relations. Each standing committee considers, amends, and reports bills that fall under its jurisdiction. Committees have extensive powers with regard to bills; they may block legislation from reaching the floor of the House. 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 House also has one permanent committee that is not a standing committee, the Permanent Select Committee on Intelligence. Furthermore, the Congress includes joint committees, which include members of 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 House committee and subcommittee is led by a chairman (always a member of the majority party). Prior to the reforms of the 1970s, committee chairmen were very powerful. Woodrow Wilson suggested: :Power is nowhere concentrated; it is rather deliberately and of set policy scattered amongst many small chiefs. It is divided up, as it were, into forty-seven seigniories, in each of which a Standing Committee is the court-baron and its chairman lord-proprietor. These petty barons, some of them not a little powerful, but none of them within the reach of the full powers of rule, may at will exercise almost despotic sway within their own shires, and may sometimes threaten to convulse even the realm itself. Formerly, committee chairmanship was determined purely by seniority; however, the rules were changed in 1975 to permit party caucuses to elect chairmen. In 1995, Republicans under Newt Gingrich set a limit of three two-year terms for committee chairmen. The chairman's powers are extensive; he or she controls the committee's agenda, and may prevent the committee from approving a bill. Modern committee chairmen are typically not forceful in exerting their influence, although there have been some exceptions. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases the Ranking Member.

Legislative functions

Most 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, whenever 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 it cannot originate revenue bills, the Senate retains the power to amend or reject them. As Woodrow Wilson wrote: :[T]he Senate's right to amend [revenue 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 the Senate and the House of Representatives is required for any bill, including a revenue bill, to become law. Both Houses must pass the exact same version of the bill; if there are differences, they may be resolved by a conference committee, which includes members of both bodies. For the stages through which bills pass in the Senate, see Act of Congress.

Checks and balances

The Constitution provides that the Senate's "advice and consent" is necessary for the President to make certain appointments and to ratify treaties. The House has no constitutional role in either process. Thus, the powers of the Senate are more extensive than those of the House. 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. The House may approve "articles of impeachment" by a simple majority vote; however, a two-thirds vote is required for conviction in the Senate. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. 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. (Another resigned before the Senate could complete the trial.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. 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 House has the power to elect the President if no presidential candidate receives a majority of votes in the electoral college. The Twelfth Amendment requires the House to choose from the three candidates with the highest numbers of electoral votes. The Constitution provides that "the votes shall be taken by states, the representation from each state having one vote." Electoral college deadlocks are very rare; in the history of the United States, the House has only had to break a deadlock twice. In 1800, it elected Thomas Jefferson over Aaron Burr; in 1824, it elected John Q. Adams over Andrew Jackson and William H. Crawford. The power to elect the Vice President in the case of an electoral college deadlock belongs to the Senate.

Current composition

:
- Bernie Sanders of Vermont :
- California's 50th District, vacated by Randy Cunningham on November 28, 2005 :
- Luis Fortuño of Puerto Rico

References

- Berman, Daniel M. (1964). In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company.
- Congressional Quarterly's Guide to Congress, 5th ed. (2000). Washington, D.C.: Congressional Quarterly Press.
- [http://www.c-span.org/questions/ C-SPAN. (2003). "Capitol Questions."]
- Story, Joseph. (1891). Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little.
- Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.
- [http://www.house.gov/hastert/speaker/speaker.shtml "The Speaker of the House House Officer, Party Leader, and Representative"]

External links

- [http://www.house.gov The United States House of Representatives. Official Website.]
- [http://bioguide.congress.gov/biosearch/biosearch.asp Biographical Directory of the United States Congress, 1774 to Present.]
- [http://www.washingtonian.com/inwashington/bwcongress.html Best & Worst of Congress, as chosen by their aides.] Category:National lower houses ja:アメリカ合衆国下院

Classes of U.S. Senators

The three classes of US Senators, each currently including 33 or 34 Senators (since Hawaii became the 50th state in 1959, and until another state is admitted to statehood), are a means used by the US Senate for describing the schedules of Senate seats' elections, and of the expiration of the terms of office of the Senators holding the respective seats. The US Constitution specifies staggered 6-year terms for Senators, and there are special provisions for getting a new state into a situation that makes that pattern continue automatically:
- around the time of the first Federal elections, in 1788, each state appointed its two Senators for, respectively,
- a two-year and a four-year term,
- a four-year and a six-year term, or
- a two-year and a six-year term;
- upon the expiration of a Senator's term of any length, someone starts a new six-year term as Senator (based on appointment in most states, until a Constitutional amendment required direct popular election of Senators);
- when a new state is admitted to the Union, its two Senators have terms that correspond to those of two different classes, among the three classes defined below;
- which two classes is determined by a scheme that keeps the three classes as close to the same size as possible, i.e., that avoids any class differing by more than one from the minimum-sized class. (This means at least one of a new state's first pair of Senators has a term of less than six years, and one term is either two or four years shorter than the other.) (This offers a trivia question about the assignment of Senate seats to states admitted or readmitted during the Civil War and the Reconstruction period following it, in view of seats previously assigned to states initially in rebellion and then awaiting so-called "reconstruction" of their democratic institutions. Chance may have made the classes lopsided, and if so, a decision must have been made on whether to use new and readmitted states' Senate classes to reduce such an imbalance as quickly as possible, and whether therefore Confederate states' Senators' classes were, upon readmission, the same as, or in some cases different from, those before secession. Wikipedia offers the means of researching this.) As of 2004:
- Class I consists of
- the 33 current Senators whose seats are scheduled for re-election in November of 2006, 2012, and so on, and thus whose terms end in January of 2007, 2013, etc.
- and the earlier Senators with terms ending in 2001, 1995, etc., back to 1791; and
- some Senators in the class are indirect successors to Senators who started two-year terms in 1789.
- Class II consists of
- the 33 current Senators whose seats are scheduled for re-election in November of 2008, 2014, and so on, and thus whose terms end in January of 2009, 2015, etc.
- and earlier Senators with terms that ended in 2003, 1997, etc., back to 1793; and
- some Senators in the class are indirect successors to Senators who started four-year terms in 1789.
- Class III consists of
- the 34 current Senators whose seats are scheduled for re-election in November of 2010, 2016, and so on, and thus whose terms end in January of 2011, 2017, etc.
- and earlier Senators with terms that ended in 2005, 1999, 1993, etc., back to 1795; and
- some Senators in the class are indirect successors to Senators who started six-year terms in 1789.

External links

- [http://www.senate.gov/general/resources/pdf/senators_by_class.pdf US Senate class page (old)]
- [http://www.senate.gov/pagelayout/reference/two_column_table/Class_I.htm Current Class I, (senate.gov)]
- [http://www.senate.gov/pagelayout/reference/two_column_table/Class_II.htm Current Class II, (senate.gov)]
- [http://www.senate.gov/pagelayout/reference/two_column_table/Class_III.htm Current Class III, (senate.gov)]

Vice President of the United States

The Vice President of the United States is the second-highest executive official of the United States government, the person who, in the words of Adlai Stevenson, is "a heartbeat from the presidency." As first in the presidential line of succession, the Vice President becomes the new President of the United States upon the death, resignation, or removal of the President. The Vice President also serves as the President of the Senate, and may break any tie votes in that chamber. The government jargon that often acronymizes the President of the United States as POTUS similarly applies VPOTUS to the Vice President. More casually, the title is abbreviated Veep. The current Vice President of the United States is Dick Cheney.

Constitutional requirements

Dick Cheney To hold the office, the Vice President must satisfy the same constitutional qualifications as the President; that is, the Vice President must be a natural-born citizen of the United States, at least thirty-five years of age and a resident of the United States for 14 years. Traditionally, the Vice President-Elect takes office just before the President-Elect. Unlike the President, the Constitution does not specify an oath of office for the Vice President. Several variants of the oath have been used since 1789; the current form, which is also recited by Senators, Representatives and other government officers, has been used since 1884: :I 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.

Election

Dick Cheney Under the original terms of the Constitution, the members of the U.S. Electoral College voted only for office of President rather than for both President and Vice President. The person receiving the greatest number of votes (provided that such a number was a majority of electors) would be President, while the individual who was in second place became Vice President. If no one received a majority of votes, then the U.S. House of Representatives would choose between the five highest vote-getters, with each state getting one vote. In such a case, the person who received the highest number of votes but was not chosen President would become Vice President. If there was ever a tie for second, then the U.S. Senate would choose the Vice President. The original plan, however, did not forsee the development of political parties. In the election of 1796, for instance, Federalist John Adams came in first, and Democratic-Republican Thomas Jefferson came second. Thus, the President and Vice President were from different parties. An even greater problem occurred in the election of 1800, when Democratic-Republicans Jefferson and Aaron Burr tied the vote. While it was intended that Jefferson was the Presidential contender and Burr was the Vice Presidential one, the electors did not and could not differentiate between the two under the system of the time. After 35 unsuccessful votes in the U.S. House of Representatives, Thomas Jefferson finally won on the 36th ballot and Burr became Vice President. U.S. House of Representatives The tumultuous affair led to the adoption of Amendment XII in 1804, which directed the electors to use separate ballots to vote for the President and Vice President. While this solved the problem at hand, it ultimately had the effect of lowering the prestige of the Vice Presidency, as the Vice President was no longer the second choice for President. The Constitution also prohibits electors from voting for both a Presidential and Vice Presidential candidate from the same state as themselves. In theory, this might deny a Vice Presidential candidate with the most electoral votes the absolute majority required to secure election, even if the Presidential candidate is elected, and place the Vice Presidential election in the hands of the Senate. In practice, this requirement is easily circumvented by having the candidate for Vice President change the state of residency as was done by Dick Cheney who changed his legal residency from Texas to Wyoming in order to run for election as Vice President alongside George W. Bush. Formally, the Vice Presidential candidate is nominated by the party convention. However, it has long been the custom that the Vice Presidential candidate has been effectively named by the Presidential candidate. Often, the Presidential candidate will name a Vice Presidential candidate to bring geographic or ideological balance to the ticket or to appeal to a particular constituency.

Role of the Vice President

George W. Bush

President of the Senate

As President of the Senate (Article I, Section 3), the Vice President oversees procedural matters and may cast a tie-breaking vote. There is a strong convention within the U.S. Senate that the Vice President not use his position as President of the Senate to influence the passage of legislation or act in a partisan manner, except in the case of breaking tie votes. As president of the Senate, Adams cast twenty-nine tie-breaking votes—a record that no successor has ever threatened. His votes protected the president's sole authority over the removal of appointees, influenced the location of the national capital, and prevented war with Great Britain. On at least one occasion he persuaded senators to vote against legislation that he opposed, and he frequently lectured the Senate on procedural and policy matters. Adams' political views and his active role in the Senate made him a natural target for critics of the Washington administration. Toward the end of his first term, as a result of a threatened resolution that would have silenced him except for procedural and policy matters, he began to exercise more restraint in the hope of realizing the goal shared by many of his successors: election in his own right as president of the United States. In practice, the Vice President rarely presides over day-to-day matters in the Senate; in his place, the Senate chooses a President pro tempore (or "president for a time") to preside in the Vice President's absence, and the Senate maintains a Duty Roster for the post so that no single Senator serves in the post more than any other. One duty required of President of the Senate is presiding over the U.S. Electoral College. This is the process of the counting and presentation of the Presidential and Vice Presidential electoral votes in the presence of both houses of Congress, on January 6 of the year following a U.S. presidential election. In this capacity, only four Vice Presidents have been able to announce their own election to the Presidency: John Adams, Thomas Jefferson, Martin Van Buren, and George H. W. Bush. Though he was President of the Senate, Vice President John C. Calhoun believed he would have more power as a Senator. When he was elected to the Senate from his native South Carolina, he became the first Vice President to resign the office.

Growth of the office

For much of its existence, the office of Vice President was seen as a little more than a minor position. John Adams, the first Vice President, described it as "the most insignificant office that ever the invention of man contrived or his imagination conceived." Even 150 years later, 32nd Vice President John Nance Garner famously described the office as "not worth a pitcher of warm piss" (at the time reported with the bowdlerization "spit"). Thomas R. Marshall, the 28th Vice President, lamented: "Once there were two brothers. One went away to sea; the other was elected Vice President of the United States. And nothing was heard of either of them again." When the Whig Party was looking for a vice president on Zachary Taylor's ticket, they approached Daniel Webster who said of the offer "I do not intend to be buried until I am dead." The natural stepping stone to the Presidency was long considered to be the office of Secretary of State. It has only been fairly recently that this notion has reversed; indeed, the notion was still very much alive when Harry Truman became the Vice President for Franklin Roosevelt. For many years, the Vice President was given few responsibilities. After John Adams attended a meeting of the President's Cabinet in 1791, no Vice President did so again until Thomas Marshall stood in for President Woodrow Wilson while he travelled to Europe in 1918 and 1919. Marshall's successor, Calvin Coolidge, was invited to meetings by President Warren G. Harding. The next Vice President, Charles G. Dawes, was not invited after declaring that "the precedent might prove injurious to the country." Vice President Charles Curtis was also precluded from attending by President Herbert Hoover. Herbert Hoover In 1933, Roosevelt raised the stature of the office by renewing the practice of inviting the Vice President to cabinet meetings, which has been maintained by every President since. Roosevelt's first Vice President, John Nance Garner broke with him at the start of the second term, on the Court-packing issue, and became Roosevelt's leading political enbemy. Garner's successor, Henry Wallace was given major responsibilities during the war, proved incompetent, and was relieved of actual power. Roosevelt kept his last Vice President Harry Truman uninformed on all war and postwar issues, such as the atomic bomb. The need to keep Vice Presidents informed on national security issues became clear, and Congress made the Vice President one of four statutory members of the National Security Council in 1949. Richard Nixon reinvented the office of Vice-President. Although he had no formal power, he had the attention of the media and the Republican party. Eisenhower ordered him to preside at Cabinet meetings in his absence. Nixon demonstrated for the first time that the office could be a springboard to the White House; most Vice Presidents since have followed his lead and sought the presidency. (Nelson Rockefeller did not, and it is widely believed that Dick Cheney will not.) Nixon was the first Vice President actually to step in to run the government temporarily: when Eisenhower suffered a heart attack on September 24, 1955; ileitis in June 1956; and a stroke in November 1957.

Modern role

The formal powers and role of the Vice President are limited to the Presidency of the Senate, including a casting vote in the event of a deadlock. This was important in the first half of 2001, as the Senators were divided 50-50 between Republicans and Democrats and thus Dick Cheney's tie-breaking vote gave the Republicans the Senate majority. Their other functions are as a drafter and spokesperson for the administration's policy, as an adviser to the President, as Chairman of the Board of the National Aeronautics and Space Administration (NASA), as a Member of the board of the Smithsonian Institution, and as a symbol of American concern or support. Their influence in this role depends almost entirely on the characteristics of the particular administration. Cheney, for instance, is widely regarded as one of George W. Bush's closest confidantes. Al Gore was an important advisor to President Bill Clinton on matters of foreign policy and the environment. Often, Vice Presidents will take harder-line stands on issues to ensure the support of the party's base while deflecting partisan criticism away from the President. They often meet heads of state or attend state funerals in other countries, at times when the administration wishes to demonstrate concern or support without having to actually send the President to do so. Normally, candidates for President will name a candidate for Vice President when they are assured of the party's nomination. Since the Presidential candidate is now generally known before the party convention, this announcement is now typically made in the first day or so of the party convention. Generally, the choice of running mate is ultimately made by the Presidential candidate alone (although with considerable counsel from advisors) and often is done to create balance on a ticket. It is common for the Vice Presidential candidate to come from a different region of the country than the President or appeal to a slightly different ideological wing of the party. The 12th Amendment discourages the Vice President from legally residing in the same state as the President, as Electors must vote for at least one candidate not in the same state as themselves. However, the ease of changing one's state of residence (as Richard Cheney did in 2000) minimizes the effect of this provision. In recent years, the Vice Presidency has frequently been used to launch bids for the Presidency. Of the 13 presidential elections from 1956 to 2004, 9 featured the incumbent President; the other 4 (1960, 1968, 1988, 2000) all featured the incumbent Vice President. Former Vice Presidents also ran, in 1984 (Walter Mondale), and in 1968 (Richard Nixon, against the incumbent Vice President Hubert Humphrey). Since 1974, the official residence of the Vice President and his family has been Number One Observatory Circle, on the grounds of the United States Naval Observatory in Washington, DC.

Succession and the 25th Amendment

Washington, DC.]] The U.S. Constitution provides that should the President die or become disabled while in office, the "powers and duties" of the office are transferred to the Vice President. It remained unclear as to whether the Vice President actually became the new President or merely Acting President. This was first tested in 1841 with the death of President William Harrison. Harrison's Vice President, John Tyler, asserted that he should gain the full Presidential office, powers, and title. Despite some strong calls against it, Tyler took the oath of office, becoming the tenth President. Tyler's claim was not challenged legally, and so the precedent of full succession was established. The Constitution still left several questions unanswered, however. If the Vice President died in office, resigned, or succeeded to the Presidency, there was no process for selecting a replacement, so the office of Vice President remained vacant until the next Presidential election. Additionally, the assassination of President Kennedy on November 22 1963 provoked the question of who has the power to declare that an incapacitated President is unable to discharge his duties. This question prompted the adoption of Amendment XXV to the U.S. Constitution in 1967. Amendment XXV (R) swears in President Gerald Ford (L) following the resignation of President Richard Nixon.]] Section 2 of the 25th Amendment provides that "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress." Gerald Ford was the first Vice President selected by this method, after the resignation of Vice President Spiro Agnew in 1974; after succeeding to the Presidency, Ford nominated Nelson Rockefeller as Vice President. Section 3 of the amendment provides means for the Vice President to become Acting President upon the temporary disability of the President. This provision has been invoked twice: on July 13, 1985 when Ronald Reagan underwent surgery to remove cancerous polyps from his colon, and again on June 29, 2002 when George W. Bush underwent a colonoscopy procedure requiring sedation. Prior to this amendment, Vice President Richard Nixon informally replaced President Dwight Eisenhower three times for a period of weeks each time when Eisenhower was ill.

Vice Presidents of the United States

Prior to ratification of the 25th Amendment in 1967, no provision existed for filling a vacancy in the office of Vice President; as a result, the position was left vacant 16 times until the next ensuing election and inauguration. Since the adoption of the 25th Amendment, the office has been vacant twice while awaiting confirmation of the new Vice President by both houses of Congress.

Notes

¹ Arriving in New York City before President-elect George Washington, Adams was sworn as Vice President nine days before the President.
² Died in office
³ Resigned from office
⁴ Succeeded to Presidency upon death or resignation of President
⁵ The only Vice President to be sworn in outside of the United States (in Havana, Cuba), with special dispensation from Congress.
⁶ Became Vice President under provisions of 25th Amendment
⁷ Acted as President under provisions of 25th Amendment

Vice Presidential facts

Two served under two different Presidents

25th Amendment
- George Clinton under Thomas Jefferson and James Madison
- John C. Calhoun under John Quincy Adams and Andrew Jackson

Seven died in office

- George Clinton in 1812
- Elbridge Gerry in 1814
- William Rufus de Vane King in 1853
- Henry Wilson in 1875
- Thomas Hendricks in 1885
- Garret Hobart in 1899
- James Sherman in 1912

Two resigned

- John C. Calhoun resigned in 1832 to take a seat in the Senate, having been chosen to fill a vacancy.
- Spiro Agnew resigned in 1973 upon pleading no contest to charges of accepting bribes while governor of Maryland.

Nine succeeded to the Presidency

# John Tyler became President when William Harrison died. Chose not to seek full term. # Millard Fillmore became President when Zachary Taylor died. Chose not to seek full term. Four years later, ran and lost. # Andrew Johnson became President when Abraham Lincoln was assassinated. Chose not to seek full term. # Chester Arthur became President when James Garfield was assassinated. Sought a full term, but was not re-nominated. # Theodore Roosevelt became President when William McKinley was assassinated; then was elected to full term. Didn't seek re-election. Four years later, ran and lost. # Calvin Coolidge became President when Warren Harding died; then was elected to full term. Did not seek re-election. # Harry Truman became President when Franklin Roosevelt died; then was elected to full term. Did not seek re-election. # Lyndon Johnson became President when John Kennedy was assassinated; then was elected to full term. Did not seek re-election. # Gerald Ford became President when Richard Nixon resigned; then lost election to full term.

Four sitting Vice Presidents were elected President

# John Adams (1789-1797) was elected President in 1796. # Thomas Jefferson (1797-1801) was elected President in 1800. # Martin Van Buren (1833-1837) was elected President in 1836. # George H. W. Bush (1981-1989) was elected President in 1988.

One former Vice President was elected President

# Richard Nixon (1953-1961) was elected President in 1968. Actually, as discussed above, nine Vice Presidents succeeded to the Presidency on the death of the President. This made them former Vice Presidents. Four of those nine were subsequently elected President. Furthermore, in 1804, President (and former Vice President) Thomas Jefferson was elected President. However, Nixon was the only non-sitting Vice President to be later elected to the Presidency.

Two have been Acting President

# George H. W. Bush acted as President for Ronald Reagan on July 13, 1985. # Dick Cheney acted as President for George W. Bush on June 29, 2002. They officially acted as President due to presidential incapacity under the 25th Amendment.

Note on spelling

Vice President may also be spelled Vice-President or Vice president or Vice-president. Because the modern usage is Vice President, it will be used here for consistency.

External links

- [http://www.whitehouse.gov/vicepresident/ Official White House website for the Vice President]

President of the United States

The President of the United States (unofficially abbreviated "POTUS") is the head of state of the United States. Under the U.S. Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces. The full title is President of the United States of America. Because of the superpower status of the United States, the American President is widely considered to be the most powerful person on Earth, and is usually one of the world's best-known public figures. During the Cold War, the President was sometimes referred to as "the leader of the free world," a phrase that is still invoked today. The United States was the first nation to create the office of President as the head of state in a modern

United States Senate

History

Members and elections

Qualifications

Officers

Procedure

Committees

Legislative functions

Checks and balances

Current composition

See also

References

External links

United States House of Representatives

History

Membership

Officers

Procedure

Committees

Legislative functions

Checks and balances

Current composition

See also

References

External links

Classes of U.S. Senators

External links

Vice President of the United States

Constitutional requirements

Election

Role of the Vice President

President of the Senate

Growth of the office

Modern role

Succession and the 25th Amendment

Vice Presidents of the United States

Notes

Vice Presidential facts

Two served under two different Presidents

Seven died in office

Two resigned

Nine succeeded to the Presidency

Four sitting Vice Presidents were elected President

One former Vice President was elected President

Two have been Acting President

Five former Vice Presidents are still alive

Three were named Johnson

Seven served two full terms

Note on spelling

See also

External links

Further reading

President of the United States