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The Senate According to the Constitution





The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.


Each state has two senators, regardless of the size of its population. Originally, senators were chosen by state legislatures. In 1913 the 17th amendment provided that senators would be directly elected by the people.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.


From the beginning, senators were divided into three groups for staggered elections, so that one-third of the seats are filled every two years. The italicized parts, regarding the filling of vacancies, were altered by the 17th amendment.




No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.


As with representatives, the Constitution fixes the qualifications a person must meet to be eligible to be a senator.




The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.


As the presiding officer of the Senate, the vice president may vote only to break a tie.




The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.


Except for the Vice President, the Senate elects its own officers. The President pro tempore is usually the longest-serving member of the majority party. Other elected officers include a chaplain, secretary of the Senate, and sergeant at arms, who are not senators.




The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.


Once the House votes to impeach, the Senate conducts a trial to determine whether to convict or acquit. A two-thirds vote is necessary to remove the individual from office. The chief justice of the United States presides over the impeachment trial of a president.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.


Convicted persons can be barred from holding future office, and may be subject to criminal trial in the courts.