Legislative Branch-The Senate

Section 3 of the first Article of the US Constitution pertains to the Senate. Clause 1 of this section states that the Senate will be made up of 2 duly chosen Senators from each state, each will serve a 6 year term, and each will have one vote in Congress. Originally each states legislature chose the 2 Senators for their state, but the 17th Amendment to the Constitution, gave the citizens the right to elect them.

The first Congress (1789-91), according to the provision in Clause 2, was divided as equally as possible into three groups. The term for the Senators in the first group expired after 2 years, and the term for the Senators in the second group expired after 4. This was done to create a system that held elections for Senators every 2 years. Every Senator since then is elected for the full six year term, but every 2 years 1/3 of the Senate is up for re-election.

Unlike the process for the House of Representatives, if there is a vacancy in the Senate, the Governor of the state can choose a replacement to fill in until a special election can be held as long as the states legislature has given that power to the Governor.

In order to run for the office of Senator the candidate must be 30 years old, a US citizen for 9 years, and a resident of the state they are seeking to represent. The Vice President of the US is president of the Senate and can only vote in order to break a tie. The Senate is allowed to choose their officers and a fill in for the Vice President in case the VP is absent.

Further, the Senate is given the sole power to try impeachments. During the impeachment process they are under oath. When the President is tried the Chief Justice of the Supreme Court presides over the proceedings. The President cannot be impeached unless 2/3 of the members present agree. Impeachments can only remove the person on trial from office and they are never allowed to hold any office thereafter. However, that person may still be subject to criminal or civil charges.

Next: The Organization of Congress

 

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