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Senate: Difference between revisions
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{{Organization | {{Organization | ||
|OrganizationName= | |OrganizationName=Senate | ||
|OrganizationType=Legislative Branch | |OrganizationType=Legislative Branch | ||
|Mission=The United States Senate is one of the two chambers of the United States Congress, designed to represent the states equally, provide advice and consent on presidential appointments, and ratify treaties. It serves to legislate, conduct oversight, and promote a balance of power in the federal government. | |Mission=The United States Senate is one of the two chambers of the United States Congress, designed to represent the states equally, provide advice and consent on presidential appointments, and ratify treaties. It serves to legislate, conduct oversight, and promote a balance of power in the federal government. | ||
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The Senate (not the judiciary) is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: [[Henry Clay]] (aged 29 in 1806), [[John Jordan Crittenden]] (aged 29 in 1817), [[Armistead Thomson Mason]] (aged 28 in 1816), and [[John Eaton (politician)|John Eaton]] (aged 28 in 1818). Such an occurrence, however, has not been repeated since.<ref>{{cite web|url=https://www.senate.gov/artandhistory/history/minute/Youngest_Senator.htm|title=1801–1850, November 16, 1818: Youngest Senator|access-date=November 17, 2007|website=United States Senate|archive-date=December 26, 2002|archive-url=https://web.archive.org/web/20021226155950/https://www.senate.gov/artandhistory/history/minute/Youngest_Senator.htm|url-status=live}}</ref> In 1934, [[Rush D. Holt Sr.]] was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, [[Joe Biden]] [[1972 United States Senate election in Delaware|was elected to the Senate]] at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. | The Senate (not the judiciary) is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: [[Henry Clay]] (aged 29 in 1806), [[John Jordan Crittenden]] (aged 29 in 1817), [[Armistead Thomson Mason]] (aged 28 in 1816), and [[John Eaton (politician)|John Eaton]] (aged 28 in 1818). Such an occurrence, however, has not been repeated since.<ref>{{cite web|url=https://www.senate.gov/artandhistory/history/minute/Youngest_Senator.htm|title=1801–1850, November 16, 1818: Youngest Senator|access-date=November 17, 2007|website=United States Senate|archive-date=December 26, 2002|archive-url=https://web.archive.org/web/20021226155950/https://www.senate.gov/artandhistory/history/minute/Youngest_Senator.htm|url-status=live}}</ref> In 1934, [[Rush D. Holt Sr.]] was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, [[Joe Biden]] [[1972 United States Senate election in Delaware|was elected to the Senate]] at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. | ||
The [[Fourteenth Amendment to the United States Constitution]] disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the | The [[Fourteenth Amendment to the United States Constitution]] disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederate States of Americafrom serving. That Amendment, however, also provides a method to remove that disqualification: a two-thirds vote of both chambers of Congress.<ref>{{Cite journal |title=Fourteenth Amendment |url=https://constitution.congress.gov/browse/amendment-14/#14_S1 |journal=Constitution of the United States |access-date=December 24, 2023 |archive-date=December 24, 2023 |archive-url=https://web.archive.org/web/20231224120017/https://constitution.congress.gov/browse/amendment-14/#14_S1 |url-status=live }}</ref> | ||
===Elections and term=== | ===Elections and term=== | ||
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===Titles=== | ===Titles=== | ||
Like members of the House of Representatives, Senators use the prefix "[[The Honorable]]" before their names.<ref>{{Cite web |last=Hickey |first=Robert |title=Use of the Honorable for U.S. Elected Officials |url=https://www.formsofaddress.info/honorable/#325 |access-date=August 3, 2022 |website=formsofaddress.info |date=May 18, 2020 |archive-date=November 24, 2020 |archive-url=https://web.archive.org/web/20201124061923/https://www.formsofaddress.info/honorable/#325 |url-status=live }}</ref><ref>{{Cite web |last=Mewborn |first=Mary K. |title=Too Many Honorables? |url=https://washingtonlife.com/backissues/archives/99nov/honorables.htm |url-status=dead |archive-url=https://web.archive.org/web/20160101131703/http://www.washingtonlife.com/backissues/archives/99nov/honorables.htm |archive-date=January 1, 2016 |website=Washington Life}}</ref> Senators are usually identified in the media and other sources by party and state; for example, | Like members of the House of Representatives, Senators use the prefix "[[The Honorable]]" before their names.<ref>{{Cite web |last=Hickey |first=Robert |title=Use of the Honorable for U.S. Elected Officials |url=https://www.formsofaddress.info/honorable/#325 |access-date=August 3, 2022 |website=formsofaddress.info |date=May 18, 2020 |archive-date=November 24, 2020 |archive-url=https://web.archive.org/web/20201124061923/https://www.formsofaddress.info/honorable/#325 |url-status=live }}</ref><ref>{{Cite web |last=Mewborn |first=Mary K. |title=Too Many Honorables? |url=https://washingtonlife.com/backissues/archives/99nov/honorables.htm |url-status=dead |archive-url=https://web.archive.org/web/20160101131703/http://www.washingtonlife.com/backissues/archives/99nov/honorables.htm |archive-date=January 1, 2016 |website=Washington Life}}</ref> Senators are usually identified in the media and other sources by party and state; for example, Democratic majority leader [[Chuck Schumer]], who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state (''[[#Seniority|see above]]''). Unless in the context of elections, they are rarely identified by which one of the [[Classes of United States senators|three classes of senators]] they are in. | ||
===Expulsion and other disciplinary actions=== | ===Expulsion and other disciplinary actions=== | ||
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When the debate concludes, the motion in question is put to a vote. The Senate often votes by voice vote. The presiding officer puts the question, and members respond either "Yea/Aye" (in favor of the motion) or "Nay" (against the motion). The presiding officer then announces the result of the voice vote. A senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; senators respond when their name is called. Senators who were not in the chamber when their name was called may still cast a vote so long as the voting remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. A majority of those voting determines whether the motion carries.<ref name = Majority/> If the vote is tied, the vice president, if present, is entitled to cast a [[United States Vice Presidents' tie-breaking votes|tie-breaking vote]]. If the vice president is not present, the motion fails.<ref>{{Cite web |title=Yea or Nay? Voting in the Senate |url=https://www.senate.gov/general/Features/votes.htm |url-status=live |archive-url=https://web.archive.org/web/20110511073831/http://www.senate.gov/general/Features/votes.htm |archive-date=May 11, 2011 |access-date=April 11, 2011 |publisher=Senate.gov}}</ref> | When the debate concludes, the motion in question is put to a vote. The Senate often votes by voice vote. The presiding officer puts the question, and members respond either "Yea/Aye" (in favor of the motion) or "Nay" (against the motion). The presiding officer then announces the result of the voice vote. A senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; senators respond when their name is called. Senators who were not in the chamber when their name was called may still cast a vote so long as the voting remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. A majority of those voting determines whether the motion carries.<ref name = Majority/> If the vote is tied, the vice president, if present, is entitled to cast a [[United States Vice Presidents' tie-breaking votes|tie-breaking vote]]. If the vice president is not present, the motion fails.<ref>{{Cite web |title=Yea or Nay? Voting in the Senate |url=https://www.senate.gov/general/Features/votes.htm |url-status=live |archive-url=https://web.archive.org/web/20110511073831/http://www.senate.gov/general/Features/votes.htm |archive-date=May 11, 2011 |access-date=April 11, 2011 |publisher=Senate.gov}}</ref> | ||
Filibustered bills require a three-fifths majority to overcome the cloture vote (which usually means 60 votes). To pass a bill, a simple majority (usually 51 votes) is needed. Some news media have confused the 60 votes needed to overcome a filibuster with the 51 votes needed to approve a bill with for example '' | Filibustered bills require a three-fifths majority to overcome the cloture vote (which usually means 60 votes). To pass a bill, a simple majority (usually 51 votes) is needed. Some news media have confused the 60 votes needed to overcome a filibuster with the 51 votes needed to approve a bill with for example ''USA Today'' erroneously stating "The vote was 58–39 in favor of the provision establishing concealed carry permit reciprocity in the 48 states that have concealed weapons laws. That fell two votes short of the 60 needed to approve the measure".<ref name="Majority">{{Cite web |date=July 31, 2009 |title=How majority rule works in the U.S. Senate |url=http://www.niemanwatchdog.org/index.cfm?fuseaction=background.view&backgroundid=381 |url-status=live |archive-url=https://web.archive.org/web/20210107141300/http://www.niemanwatchdog.org/index.cfm?fuseaction=background.view&backgroundid=381 |archive-date=January 7, 2021 |access-date=March 4, 2013 |publisher=Nieman Watchdog}}</ref> | ||
====Closed session==== | ====Closed session==== | ||