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120-527: The fountain honors Newlands, a U.S. senator and founder of Chevy Chase, Maryland. In 1902, Newland sponsored the Newlands Reclamation Act , which allowed the federal government to begin irrigation of the West. He was an outspoken white supremacist , antisemite , and segregationist who advocated the repeal of the 15th Amendment to deprive African-Americans of the right to vote. He founded

240-411: A nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered

360-646: A special election can be held. The amendment was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, on ratification by three-quarters (36) of the state legislatures. Sitting senators were not affected until their existing terms expired. The transition began with two special elections in Georgia and in Maryland , then in earnest with the November 1914 election ; it

480-510: A special election to fill vacancies in the Senate . It also allows a state's legislature to permit its governor to make temporary appointments, which last until a special election is held to fill the vacancy. Currently, all but four states (North Dakota, Oregon, Rhode Island, and Wisconsin) permit such appointments. The Constitution does not set out how the temporary appointee is to be selected. Oklahoma , admitted to statehood in 1907, chose

600-483: A Senate seat for Delaware went unfilled from 1899 until 1903. The business of holding elections also caused great disruption in the state legislatures, with a full third of the Oregon House of Representatives choosing not to swear the oath of office in 1897 due to a dispute over an open Senate seat. The result was that Oregon's legislature was unable to pass legislation that year. Zywicki again argues that this

720-612: A U.S. senator legislatively. The first election subject to the Seventeenth Amendment was a late election in Georgia held June 15, 1913 . Augustus Octavius Bacon was however unopposed. The first direct elections to the Senate following the Seventeenth Amendment being adopted were: In Trinsey v. Pennsylvania (1991), the United States Court of Appeals for the Third Circuit was faced with

840-471: A chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House . The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing

960-466: A constitutional amendment would be pointless. The reform was considered by opponents to threaten the rights and independence of the states, who were "sovereign, entitled   ... to have a separate branch of Congress   ... to which they could send their ambassadors." This was countered by the argument that a change in the mode in which senators were elected would not change their responsibilities. The Senate freshman class of 1910 brought new hope to

1080-458: A convention without formally calling for one. In 1911, the House of Representatives passed House Joint Resolution 39 proposing a constitutional amendment for direct election of senators. The original resolution passed by the House contained the following clause: The times, places, and manner of holding elections for Senators shall be as prescribed in each State by the legislature thereof. This so-called "race rider" clause would have strengthened

1200-401: A full-term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states): In ten states within

1320-418: A less permanent and a less trusted body than state legislatures, and moving the responsibility for the election of senators to them would see it passing into the hands of a body that "[lasted] but a day" before changing. Other counterarguments were that renowned senators could not have been elected directly and that, since a large number of senators had experience in the House (which was already directly elected),

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1440-407: A majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll and notes which members are present. In practice, senators rarely request quorum calls to establish

1560-613: A majority. In reaction, the Congress passed a bill in July 1866 that required state legislatures to elect senators by an absolute majority. By the 1890s, support for the introduction of direct election for the Senate had substantially increased, and reformers worked on two fronts. On the first front, the Populist Party incorporated the direct election of senators into its Omaha Platform , adopted in 1892. In 1908 , Oregon passed

1680-418: A method to remove that disqualification: a two-thirds vote of both chambers of Congress. Originally, senators were selected by the state legislatures , not by popular elections . By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of

1800-575: A more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. , the nation's capital. Despite not being a senator, the vice president of

1920-401: A regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes ), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of

2040-556: A representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from

2160-423: A result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either

2280-514: A senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount , for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession . Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only

2400-600: A senator by legislative election three times: twice in 1907, when admitted, and once in 1908. In 1912, Oklahoma reelected Robert Owen by advisory popular vote. Oregon held primaries in 1908 in which the parties would run candidates for that position, and the state legislature pledged to choose the winner as the new senator. New Mexico , admitted to statehood in 1912, chose only its first two senators legislatively. Arizona , admitted to statehood in 1912, chose its first two senators by advisory popular vote. Alaska , and Hawaii , admitted to statehood in 1959, have never chosen

2520-447: A separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As

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2640-444: A similar method. William Randolph Hearst opened a nationwide popular readership for direct election of U.S. senators in a 1906 series of articles using flamboyant language attacking "The Treason of the Senate" in his Cosmopolitan magazine. David Graham Philips, a muckraker , described Nelson Aldrich of Rhode Island as the principal "traitor" among the "scurvy lot" in control of the Senate by theft, perjury, and bribes corrupting

2760-443: A simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party

2880-504: A situation where, following the death of Senator John Heinz of Pennsylvania , Governor Bob Casey had provided for a replacement and for a special election that did not include a primary . A voter and prospective candidate, John S. Trinsey Jr., argued that the lack of a primary violated the Seventeenth Amendment and his right to vote under the Fourteenth Amendment . The Third Circuit rejected these arguments, ruling that

3000-431: A state's Senate election years were perceived to have become so dominated by the business of picking senators that the state's choice for senator distracted the electorate from all other pertinent issues. Senator John H. Mitchell noted that the Senate became the "vital issue" in all legislative campaigns, with the policy stances and qualifications of state legislative candidates ignored by voters who were more interested in

3120-457: A substantial benefit to the states. Notwithstanding controversies over the effects of the Seventeenth Amendment, advocates have emerged to reform or repeal the amendment. At the beginning of President Barack Obama 's administration in 2009, four sitting Democratic senators left the Senate for executive branch positions: Obama himself (President), Joe Biden (Vice President), Hillary Clinton (Secretary of State), and Ken Salazar (Secretary of

3240-465: A uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state. In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties , depending on the state) with the general election following a few months later. In most of these states,

3360-413: Is a major cause of the " swamp ". In September 2020, Senator Ben Sasse of Nebraska endorsed the repeal of the Seventeenth Amendment in a Wall Street Journal opinion piece . Politics, like nature, abhorred a vacuum, so senators felt the pressure to do something, namely enact laws. Once senators were no longer accountable to and constrained by state legislatures, the maximizing function for senators

3480-410: Is anticipated. The Constitution authorizes the Senate to elect a president pro tempore ( Latin for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates

3600-468: Is the lower chamber of Congress) comprise the federal bicameral legislature of the United States . Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by

3720-468: Is the majority party. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats. Each senator chooses a desk based on seniority within

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3840-437: Is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which

3960-574: 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 (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.

4080-662: The Chevy Chase Land Company , which established whites-only neighborhoods on the D.C.-Maryland border. He purchased over 1,700 acres (690 ha) of land and named it "Chevy Chase" to honor his Scottish ancestral homeland. In 1990, the Land Company refurbished the fountain to recognize the 100th anniversary of the founding of Chevy Chase. The fountain was rededicated and recognized by the National Register of Historic Places . In December 2014,

4200-557: The Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation —threatened to secede in 1787, and won

4320-529: The Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into

4440-613: The Seventeenth Amendment . Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day , and occur simultaneously with elections for the House of Representatives . Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement

4560-809: The Subcommittee on National Parks, Forests, and Public Lands of the House Natural Resources Committee on March 23, 2021. On April 19, 2022, the Montgomery County Council adopted a resolution proclaiming its support for the bill. United States Senate Minority (49) The United States Senate is the upper chamber of the United States Congress . The Senate and the United States House of Representatives (which

4680-692: The Tea Party movement argued for repealing the Seventeenth Amendment entirely, claiming it would protect states' rights and reduce the power of the federal government. On March 2, 2016, the Utah legislature approved Senate Joint Resolution No.   2 asking Congress to offer an amendment to the United States Constitution that would repeal the Seventeenth Amendment. As of 2010 , no other states had supported such an amendment, and some politicians who had made statements in favor of repealing

4800-424: The United States Constitution established the direct election of United States senators in each state. The amendment supersedes Article I, Section 3 , Clauses 1 and   2 of the Constitution, under which senators were elected by state legislatures . It also alters the procedure for filling vacancies in the Senate , allowing for state legislatures to permit their governors to make temporary appointments until

4920-413: The gavel of the Senate to maintain order. A " hold " is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by the senator who placed it at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill

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5040-434: The parliamentarian . In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who on occasion negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster on some matters and its remedy the vote on cloture . The drafters of

5160-414: The senior senator , while the other is the junior senator . For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009. Like members of the House of Representatives, Senators use the prefix " The Honorable " before their names. Senators are usually identified in

5280-423: The state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through a statewide popular vote . As the upper chamber of Congress, the Senate has several powers of advice and consent . These include the approval of treaties , as well as the confirmation of Cabinet secretaries , federal judges (including justices of

5400-409: The "better men" of society, but different as they would be conscientiously chosen by the upper houses of state legislatures for fixed terms, and not merely inherited for life. It was hoped they would provide abler deliberation and greater stability than the House of Representatives due to the senators' status. Those in favor of popular elections for senators believed two primary problems were caused by

5520-506: The "most prominent" proponent being Andrew Johnson , who raised the issue in 1868 and considered the idea's merits "so palpable" that no additional explanation was necessary. As noted above, in the 1860s, there was a major congressional dispute over the issue, with the House and Senate voting to veto the appointment of John P. Stockton to the Senate due to his approval by a plurality of the New Jersey Legislature rather than

5640-621: The Chevy Chase Advisory Neighborhood Commission (ANC) considered a proposal to rename the fountain due to Newlands' white supremacist views. On December 8, the Historic Chevy Chase DC Board voted to support changing the name to Chevy Chase Fountain; a report chronicled the debate. The descendants of Newlands opposed the renaming. The ANC voted 4-2 (1 abstention) to table the motion and consider it later. A bronze plaque at

5760-499: The Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. A member who has been elected, but not yet seated, is called a senator-elect ; a member who has been appointed to a seat, but not yet seated, is called a senator-designate . The Constitution requires that senators take an oath or affirmation to support

5880-430: The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959. Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures . Problems with repeated vacant seats due to

6000-519: The Constitution, the vice president serves as president of the Senate. They may vote in the Senate ( ex officio , for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open

6120-484: The Constitution. Originally, under Article I, Section 3 , Clauses 1 and   2 of the Constitution , each state legislature elected its state's senators for a six-year term. Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between the small and large states. This contrasted with the House of Representatives , a body elected by popular vote, and

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6240-600: The Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators: 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

6360-583: The FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $ 60,972, while those who retired under FERS, or in combination with CSRS,

6480-457: The House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government. The composition and powers of the Senate are established by Article One of the United States Constitution . Each of the 50 states is represented by two senators who serve staggered six-year terms . In total, the Senate consists of 100 members. From its inception in 1789 until 1913, senators were appointed by

6600-574: The Interior). Controversies developed about the successor appointments made by Illinois governor Rod Blagojevich and New York governor David Paterson . New interest was aroused in abolishing the provision for the Senate appointment by the governor. Accordingly, Senator Russ Feingold of Wisconsin and Representative David Dreier of California proposed an amendment to remove this power; senators John McCain and Dick Durbin became co-sponsors, as did Representative John Conyers . Some members of

6720-486: The Montana legislature. But conservative analysts Bybee and Todd Zywicki believe this concern was largely unfounded; there was a "dearth of hard information" on the subject. In more than a century of legislative elections of U.S. senators, only ten cases were contested for allegations of impropriety. Electoral deadlocks were another issue. Because state legislatures were charged with deciding whom to appoint as senators,

6840-710: The Northeast by picking up new seats in New Mexico, Utah and Wyoming, retaining control of the Senate. Similarly, Bybee believes the Republican Revolution of 1994 would not have happened without direct election of Senators; instead, the Democrats would have controlled 70 seats in the Senate to the Republicans' 30. The reputation of corrupt and arbitrary state legislatures continued to decline as

6960-443: The Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for

7080-550: The Senate had a beneficial effect on the states, as it led state legislative campaigns to focus on local rather than national issues. New Deal legislation is another example of expanding federal regulation overruling the state legislatures promoting their local state interests in coal, oil, corn and cotton. Ure agrees, saying that not only is each senator now free to ignore his state's interests, senators "have incentive to use their advice-and-consent powers to install Supreme Court justices who are inclined to increase federal power at

7200-444: The Senate has several officers 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 assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at arms who, as the Senate's chief law enforcement officer, maintains order and security on

7320-417: The Senate into a body that could counter the populism of the House. While the representatives operated in a two-year direct election cycle, making them frequently accountable to their constituents, the senators could afford to "take a more detached view of issues coming before Congress". State legislatures retained the theoretical right to "instruct" their senators to vote for or against proposals, thus giving

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7440-416: The Senate joined the House of Representatives in implementing popular reforms. Bybee has argued that the amendment led to complete "ignominy" for state legislatures without the buttress of a state-based check on Congress. In the decades following the Seventeenth Amendment, the federal government was enabled to enact progressive measures. However, Schleiches argues that the separation of state legislatures and

7560-541: The Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain , who is elected by the Senate, and pages , who are appointed. The Senate uses Standing Rules for operation. Like the House of Representatives , the Senate meets in the United States Capitol in Washington, D.C. At one end of

7680-458: The Senate. On the second national legislative front, reformers worked toward a constitutional amendment, which was strongly supported in the House of Representatives but initially opposed by the Senate. Bybee notes that the state legislatures, which would lose power if the reforms went through, were supportive of the campaign. By 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and in

7800-441: The Senate. Bryan and the reformers argued for popular election through highlighting flaws they saw within the existing system, specifically corruption and electoral deadlocks, and through arousing populist sentiment. Most important was the populist argument; that there was a need to "Awaken, in the senators   ... a more acute sense of responsibility to the people", which it was felt they lacked; election through state legislatures

7920-521: The Seventeenth Amendment does not require primaries. Another subject of analysis is whether statutes restricting the authority of governors to appoint temporary replacements are constitutional. Vikram Amar , writing in the Hastings Constitutional Law Quarterly , claims Wyoming's requirement that its governor fill a senatorial vacancy by nominating a person of the same party as the person who vacated that seat violates

8040-410: The Seventeenth Amendment. This is based on the text of the Seventeenth Amendment, which states that "the legislature of any state may empower the executive thereof to make temporary appointments". The amendment only empowers the legislature to delegate the authority to the governor and, once that authority has been delegated, does not permit the legislature to intervene. The authority is to decide whether

8160-476: The South was de facto one-party states. The "rider" was intended to enable these states to continue these practices, protected from any federal interference. When the resolution came before the Senate, Senator Joseph L. Bristow (R-KS) proposed an amendment which eliminated the rider. This amendment was approved by 45 votes to 44 after Vice President Sherman cast a tie-breaking "yea" vote. The amended resolution

8280-503: The Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives a majority of electors for vice president , the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of officials who have been impeached by the House. The Senate has typically been considered both

8400-409: The United States serves as presiding officer and president of the Senate by virtue of that office ; the vice president may vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore , who is traditionally the most senior member of the Senate's majority party, presides over the Senate, and more often by rule allows a junior senator to take the chair, guided by

8520-536: 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 Confederacy from serving. That Amendment, however, also provides

8640-479: The United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62 , James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character": A senator must be thirty years of age at least; as

8760-722: The amendment had subsequently reversed their position on this. On July 28, 2017, after Republican senators John McCain , Susan Collins and Lisa Murkowski voted against the Health Care Freedom Act , which would have repealed the Affordable Care Act , former Arkansas governor Mike Huckabee endorsed the repeal of the Seventeenth Amendment. He claimed that senators chosen by state legislatures "will work for their states and respect [the Tenth Amendment]", and also that direct election of senators

8880-409: The bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration. Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold. The Constitution provides that

9000-483: The certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue

9120-409: The chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2 . Senate procedure depends not only on

9240-502: The chambers would meet in "joint assembly" to assess the results, and if a majority in both chambers had voted for the same person, he would be elected. If not, the joint assembly would vote for a senator, with each member receiving a vote. If no person received a majority, the joint assembly was required to keep convening every day to take at least one vote until a senator was elected. Nevertheless, between 1891 and 1905, 46 elections were deadlocked across 20 states; in one extreme example,

9360-533: The day by a vote of 5–4 in what became known as the Connecticut Compromise . The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate . The name is derived from the senatus , Latin for council of elders , derived from senex , meaning old man in Latin. Article Five of

9480-524: The duties of the office on which I am about to enter. So help me God. The annual salary of each senator, since 2009, is $ 174,000; the president pro tempore and party leaders receive $ 193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires (partly due to inflation). Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by

9600-458: The election of John P. Stockton (D-NJ), which happened after the New Jersey legislature changed its rules regarding the definition of a quorum and was thus by plurality instead of by absolute majority. In 1866, Congress acted to standardize a two-step process for Senate elections. In the first step, each chamber of the state legislature would meet separately to vote. The following day,

9720-461: The expense of state sovereignty". Over the first half of the 20th century, with a popularly elected Senate confirming nominations, both Republican and Democratic, the Supreme Court began to apply the Bill of Rights to the states , overturning state laws whenever they harmed individual state citizens. It aimed to limit the influence of the wealthy. The Seventeenth Amendment requires a governor to call

9840-534: The final category above – Arizona , Hawaii , Kentucky , Maryland , Montana , North Carolina , Oklahoma , Utah , West Virginia , and Wyoming – the governor must appoint someone of the same political party as the previous incumbent. In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010. In 2004, Alaska enacted legislation and

9960-419: The first law basing the selection of U.S. senators on a popular vote. Oregon was soon followed by Nebraska . Proponents for popular election noted that ten states already had non-binding primaries for Senate candidates, in which the candidates would be voted on by the public, effectively serving as advisory referendums instructing state legislatures how to vote; reformers campaigned for more states to introduce

10080-583: The fountain contained an inscription reading "His Statesmanship Held True Regard For The Interests Of All Men." In 2020, the ANC voted to have the plaque removed. On February 23, 2021, Delegate Eleanor Holmes Norton , D-D.C., introduced a bill to require the National Park Service to rename the fountain. Designated H.R. 1256 and named the Francis G. Newlands Memorial Removal Act, it was referred to

10200-413: The general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska , ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of

10320-426: The governor shall have the power to appoint temporary senators, not whom the governor may appoint. Sanford Levinson , in his rebuttal to Amar, argues that rather than engaging in a textual interpretation, those examining the meaning of constitutional provisions should interpret them in the fashion that provides the most benefit, and that legislatures' being able to restrict gubernatorial appointment authority provides

10440-503: The inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators. In contrast to the House of Representatives, the Senate has historically had stronger norms of conduct for its members. Article I, Section 3, of the Constitution , sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of

10560-447: The indirect Senate election. To remedy this, some state legislatures created "advisory elections" that served as de facto general elections, allowing legislative campaigns to focus on local issues. Calls for a constitutional amendment regarding Senate elections started in the early 19th century, with Henry R. Storrs in 1826 proposing an amendment to provide for popular election. Similar amendments were introduced in 1829 and 1855, with

10680-416: The inside of the desk's drawer with a pen. Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate. Under

10800-418: The last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to

10920-442: 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 ( see above ). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in. The Senate may expel

11040-420: The new Constitution, the federal government was granted substantially more power than before. Having the state legislatures elect the senators reassured anti-federalists that there would be some protection against the federal government's swallowing up states and their powers, and providing a check on the power of the federal government. Additionally, the longer terms and avoidance of popular election turned

11160-456: The nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote. However, in five states, different methods are used. In Georgia , a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California , Washington , and Louisiana ,

11280-454: The number of terms a senator may serve. The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment , however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows

11400-441: The original provisions: legislative corruption and electoral deadlocks. There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, for example, William A. Clark had his election voided after the Senate concluded that he had bought votes in

11520-463: The party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington . Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on

11640-443: The powers of states over senatorial elections and weakened those of Congress by overriding Congress's power to override state laws affecting the manner of senatorial elections. Since the 1890s, nearly all blacks in the South, and many poor whites, had been disenfranchised by new provisions in state constitutions that were discriminatory in practice. This meant that these millions of people had no political representation, and most of

11760-405: The prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The Senate (not the judiciary)

11880-486: The process for electing United States senators and changed the way vacancies would be filled. Originally, the Constitution required state legislatures to fill Senate vacancies. According to Judge Bybee, the Seventeenth Amendment had a dramatic impact on the political composition of the U.S. Senate. Before the Supreme Court required " one man, one vote " in Reynolds v. Sims (1964), malapportionment of state legislatures

12000-561: The quorum as present; instead, quorum calls are generally used to temporarily delay proceedings. Usually, such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call. Seventeenth Amendment to the United States Constitution The Seventeenth Amendment ( Amendment XVII ) to

12120-450: The reformers. Fourteen of the thirty newly elected senators had been elected through party primaries, which amounted to popular choice in their states. More than half of the states had some form of primary selection for the Senate. The Senate finally joined the House to submit the Seventeenth Amendment to the states for ratification, nearly ninety years after it first was presented to the Senate in 1826. By 1912, 239 political parties at both

12240-460: The representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of

12360-461: The responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian , who whispers what they should do". The presiding officer sits in

12480-399: The results of votes. Each party elects Senate party leaders . Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) , who works to ensure that his party's senators vote as the party leadership desires. In addition to the vice president,

12600-434: The rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent . Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses

12720-427: The same year ten Republican senators who were opposed to reform were forced out of their seats, acting as a "wake-up call to the Senate". Reformers included William Jennings Bryan , while opponents counted respected figures such as Elihu Root and George Frisbie Hoar among their number; Root cared so strongly about the issue that after the passage of the Seventeenth Amendment he refused to stand for re‑election to

12840-479: The state and national level had pledged some form of direct election, and 33 states had introduced the use of direct primaries. Twenty-seven states had called for a constitutional convention on the subject, with 31 states needed to reach the threshold; Arizona and New Mexico each achieved statehood that year (bringing the total number of states to 48), and were expected to support the motion. Alabama and Wyoming , already states, had passed resolutions in favor of

12960-415: The state legislatures to gain election to the Senate. A few state legislatures began to petition the Congress for direct election of senators. By 1893, the House had the two-thirds vote for just such an amendment. However, when the joint resolution reached the Senate, it failed from neglect, as it did again in 1900, 1904 and 1908; each time the House approved the appropriate resolution, and each time it died in

13080-599: The states both direct and indirect representation in the federal government. The Senate was part of a formal bicameralism , with the members of the Senate and House responsible to completely distinct constituencies; this helped defeat the problem of the federal government being subject to "special interests". Members of the Constitutional Convention considered the Senate to be parallel to the British House of Lords as an "upper house", containing

13200-407: The system relied on their ability to agree. Some states could not, and thus delayed sending senators to Congress; in a few cases, the system broke down to the point where states completely lacked representation in the Senate. Deadlocks started to become an issue in the 1850s, with a deadlocked Indiana legislature allowing a Senate seat to sit vacant for two years. The tipping point came in 1865 with

13320-402: Was $ 35,952. By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population. The senator in each state with the longer time in office is known as

13440-418: Was common. For example, rural counties and cities could be given "equal weight" in the state legislatures, enabling one rural vote to equal 200 city votes. The malapportioned state legislatures would have given the Republicans control of the Senate in the 1916 Senate elections . With direct election, each vote represented equally, the Democrats held their stronghold in the South and offset net Republican gains in

13560-483: Was complete on March 4, 1919, when the senators chosen by the November 1918 election took office. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in

13680-436: Was described as an uncontroversial decision; at the time, James Wilson was the sole advocate of popularly electing the Senate, but his proposal was defeated 10–1. There were many advantages to the original method of electing senators. Prior to the Constitution, a federal body was one where states effectively formed nothing more than permanent treaties, with citizens retaining their loyalty to their original state. However, under

13800-415: 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 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

13920-587: Was not a serious issue. Deadlocks were a problem, but they were the exception rather than the norm; many legislatures did not deadlock over elections at all. Most of those that did in the 19th century were the newly admitted western states, which suffered from "inexperienced legislatures and weak party discipline   ... as western legislatures gained experience, deadlocks became less frequent." While Utah suffered from deadlocks in 1897 and 1899, they became what Zywicki refers to as "a good teaching experience", and Utah never again failed to elect senators. Another concern

14040-449: Was ratified by: The Utah legislature rejected the amendment on February 26, 1913. No action on the amendment has been completed by Florida , Georgia , Kentucky , Mississippi , South Carolina , or Virginia . Alaska and Hawaii were not yet states at the time of the amendment's proposal, and therefore ratified the amendment along with the rest of the Constitution as part of joining the Union in 1959. The Seventeenth Amendment altered

14160-489: Was seen as an anachronism that was out of step with the wishes of the American people, and one that had led to the Senate becoming "a sort of aristocratic body—too far removed from the people, beyond their reach, and with no special interest in their welfare". The settlement of the West and continuing absorption of hundreds of thousands of immigrants expanded the sense of "the people". Hoar replied that "the people" were both

14280-509: Was that when deadlocks occurred, state legislatures were unable to conduct their other normal business; James Christian Ure, writing in the South Texas Law Review , notes that this did not in fact occur. In a deadlock situation, state legislatures would deal with the matter by holding "one vote at the beginning of the day—then the legislators would continue with their normal affairs". Eventually, legislative elections held in

14400-404: Was then adopted by a vote of 64 to 24, with four not voting. Nearly a year later, the House accepted the change. The conference report that would become the Seventeenth Amendment was approved by the Senate in a 42 to 36 vote on April 12, 1912, and by the House 238 to 39, with 110 not voting on May 13, 1912. Having been passed by Congress, the amendment was sent to the states for ratification and

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