100-535: The Logan Act (1 Stat. 613 , 18 U.S.C. § 953 , enacted January 30, 1799 ( 1799-01-30 ) ) is a United States federal law that criminalizes the negotiation of a dispute between the United States and a foreign government by an unauthorized American citizen. The intent behind the Act is to prevent unauthorized negotiations from undermining the government's position. The Act
200-524: 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
300-784: A conflict between the text of the Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. Publication of the United States Statutes at Large began in 1845 by the private firm of Little, Brown and Company under authority of a joint resolution of Congress . During Little, Brown and Company's time as publisher, Richard Peters (Volumes 1–8), George Minot (Volumes 9–11), and George P. Sanger (Volumes 11–17) served as editors. In 1874, Congress transferred
400-457: 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 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
500-496: 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 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
600-407: 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
700-551: 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 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,
800-577: A private citizen, discussed matters of general interest to the French, and told his audience that anti-French sentiment was prevalent in the United States. Logan's conversation with Merlin de Douai , who occupied the highest political office in the French republic, was typical. Logan stated that he did not intend to explain the American government's position, nor to criticize that of France. Instead, he suggested ways in which France could improve relations with
900-940: A response to an effort by a Philadelphia Quaker named George Logan to try to negotiate directly with the French government. This was a big scandal at the time in foreign affairs because Logan—a Democratic-Republican —was trying to thwart the policy of the Federalists , who controlled both houses of Congress and the White House. Kevin Kearney, writing in a case comment for the Emory Law Journal , described Dr. Logan's activities in France: Upon his arrival in Paris, he met with various French officials, including Talleyrand . During these meetings, he identified himself as
1000-413: 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 , 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
1100-413: 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, was $ 35,952. By tradition, seniority
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#17327722513441200-445: 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) 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
1300-739: A similar basis. The specific issues raised by the Senators (e.g., the Southern Airways case ; Luis Tiant 's desire to have his parents visit the United States) would, in any event, appear to fall within the second paragraph of Section 953. Accordingly, the Department does not consider the activities of Senators Sparkman and McGovern to be inconsistent with the stipulations of Section 953. In June 2007, Representative Steve King introduced legislation that would prohibit Speaker of
1400-443: 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
1500-642: A spokesman for Kerry, admitted that Kerry "urged Iran to keep its commitments under the Iran nuclear agreement". Stephen Vladeck, law professor at the University of Texas, did not agree that Kerry would be in violation of the act as his intent was to preserve the US policy then in place, rather than seeking to destroy it. Vladeck has also said of the Act: "It raises serious constitutional questions that I think would dissuade even
1600-490: 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 the Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives
1700-400: 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 the senior senator , while the other
1800-410: 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
1900-534: 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 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
2000-538: 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, 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 ,
2100-445: 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 a regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of
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#17327722513442200-610: 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 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
2300-468: 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
2400-437: 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
2500-530: Is the name of the session law publication for U.S. Federal statutes. The public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws ( Statutes at Large ), and codification ( United States Code ). Large portions of public laws are enacted as amendments to the United States Code . Once enacted into law, an Act will be published in
2600-444: Is the sole organ of the nation in its external relations, and its sole representative with foreign nations.' In general, the Act is intended to prevent unauthorized American citizens from interfering in disputes or controversies between the United States and foreign governments. Although attempts have been made to repeal the Act, it remains law and at least a potential sanction to be used against anyone who without authority interferes in
2700-491: Is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953 [Logan Act], however, would appear to restrict members of the Congress from engaging in discussions with foreign officials in pursuance of their legislative duties under the Constitution. In the case of Senators McGovern and Sparkman the executive branch, although it did not in any way encourage
2800-491: 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 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
2900-657: The Senate , between the United States and other countries, which become treaties between the United States and other countries after the advice and consent of a supermajority of the United States Senate . [The President] shall have Power, by and with the Advice and Consent of the Senate , to make Treaties , provided two-thirds of the Senators present concur ... In United States v. Curtiss-Wright Export Corp. , 299 U.S. 304 (1936), Justice Sutherland , writing for
3000-405: The Statutes at Large and will add to, modify, or delete some part of the United States Code. Provisions of a public law that contain only enacting clauses, effective dates, and similar matters are not generally codified . Private laws also are not generally codified. Some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. In case of
3100-617: The Statutes at Large includes the text of the Declaration of Independence , Articles of Confederation , the Constitution , amendments to the Constitution , treaties with Native American nations and foreign nations, and presidential proclamations . Sometimes very large or long Acts of Congress are published as their own "appendix" volume of the Statutes at Large . For example, the Internal Revenue Code of 1954
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3200-658: The Statutes at Large . Since 1985 the Statutes at Large have been prepared and published by the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA). Until 1948, all treaties and international agreements approved by the United States Senate were also published in the set, but these now appear in a publication titled United States Treaties and Other International Agreements , abbreviated U.S.T. In addition,
3300-499: The United States Congress . Each act and resolution of Congress is originally published as a slip law , which is classified as either public law (abbreviated Pub.L.) or private law (Pvt.L.), and designated and numbered accordingly. At the end of a congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The United States Statutes at Large
3400-571: The War of 1812 , but was not successful. During the twentieth century, with the Supreme Court paying greater attention to cases involving the First and Fifth amendments to the Constitution , and with the possibility of American foreign policy being more influenced by private individuals becoming more of a prominent issue in politics, there have been more cases potentially involving the Logan Act. Still,
3500-413: 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
3600-409: 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 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
3700-457: 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 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
3800-464: The Act, one in 1802 and the other in 1852. Neither was convicted. In 1798, amid tensions between the U.S. and France , President Adams sent three envoys to France to negotiate. Negotiations were unsuccessful. Dr. George Logan of Pennsylvania , a state legislator and pacifist , in 1798 engaged in negotiations with France as a private citizen during the Quasi-War . The Logan Act was basically
3900-407: 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. The annual salary of each senator, since 2009, is $ 174,000;
4000-519: 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
4100-460: The Court, observed, [T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate, but he alone negotiates. Into the field of negotiation, the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, 'The President
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4200-656: The Democratic National Convention. The next day, Woodruff issued a statement apologizing for the comments, saying, "I want to clarify my remarks on the PBS News special on Monday night about the ongoing cease fire talks in the Middle East. As I said, this was not based on my original reporting; I was referring to reports I had read, in Axios and Reuters, about former President Trump having spoken to
4300-571: The Federalist majority in Congress by votes of 58–36 in the House and 18–2 in the Senate. Logan himself could not be punished by the Logan law, since the Constitution does not allow ex post facto, or retroactive laws : that is, laws that punish a person for actions taken before the law was enacted, and that were not illegal at the time they were committed. Rather, the intent was to discourage citizens from conducting foreign policy at cross purposes with
4400-637: The House Nancy Pelosi from drawing on federal funds to travel to foreign states which the U.S. deemed to sponsor terrorism. The amendment was not adopted. In March 2015, 47 Republican senators released an open letter to the Iranian government regarding President Barack Obama 's attempts to broker a nuclear arms agreement between Iran and six major powers ( P5+1 ). The letter warns Iran of the limitations of President Obama's term in office and constitutional powers and notes that anything done without
4500-601: 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 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
4600-565: The Israeli Prime Minister. In the live TV moment, I repeated the story because I hadn't seen later reporting that both sides denied it. This was a mistake and I apologize for it." The Axios article carried by Reuters had stated that "One source told Axios Trump's call was intended to encourage Netanyahu to take the deal, but stressed he did not know if this is indeed what the former president told Netanyahu", with no mention of Trump urging him to reject any ceasefire deal. This story
4700-547: The Logan Act has been rarely enforced, possibly because prosecutors have been concerned that speech between a private citizen and a foreign government may still qualify as free speech and be protected in that regard. § 953. Private correspondence with foreign governments. Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence
4800-669: The Logan Act, both in the 19th century. The first occurred in 1803 when a grand jury indicted Francis Flournoy, a Kentucky farmer, who had written an article in the Frankfort Guardian of Freedom under the pen name of "A Western American". In the article, Flournoy advocated for the creation of a new independent state, not part of the US, in North America that would ally with France. The United States Attorney for Kentucky, an Adams appointee and brother-in-law of Chief Justice John Marshall , went no further than procuring
4900-413: The Logan Act. Federal prosecutors were forced to dismiss the case after Arista refused to hand over the original copy of the letter, depriving them of the evidence they needed to convict Levy. In 1975, Senators John Sparkman and George McGovern traveled to Cuba and met with officials there. In considering that case, the U.S. Department of State concluded: The clear intent of this provision [Logan Act]
5000-461: 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 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
5100-606: 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 the state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through
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#17327722513445200-445: 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 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
5300-444: 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
5400-509: 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 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
5500-541: 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
5600-512: 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 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
5700-540: 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 the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of
5800-405: 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 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
5900-479: 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. 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
6000-545: The Senators to go to Cuba, was fully informed of the nature and purpose of their visit, and had validated their passports for travel to that country. Senator McGovern's report of his discussions with Cuban officials states: "I made it clear that I had no authority to negotiate on behalf of the United States—that I had come to listen and learn ..." (Cuban Realities: May 1975, 94th Cong., 1st Sess., August 1975). Senator Sparkman's contacts with Cuban officials were conducted on
6100-496: 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 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
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#17327722513446200-598: The Southern District of New York in Waldron v. British Petroleum Co. , 231 F. Supp. 72 (S.D.N.Y. 1964), mentioned in passing that the Act was likely unconstitutional due to the vagueness of the terms "defeat" and "measures", but did not rule on the question. During analysis of the Michael Flynn case, evidence, specifically the notes of Peter Strzok indicate that then-Vice President Joe Biden encouraged
6300-613: The United States Attorney for the District of Maryland, which also declined to prosecute Kerry. In August 2024, former President Donald Trump was reported to have contacted Israeli Prime Minister Benjamin Netanyahu urging him to reject any ceasefire deal, fearing a ceasefire would help Vice President Kamala Harris in the upcoming election. This was reported by Judy Woodruff during a live broadcast by PBS during
6400-404: The United States, to the benefit of both countries. He also told Merlin that pro-British propagandists in the United States were portraying the French as corrupt and anxious for war, and were stating that any friend of French principles necessarily was an enemy of the United States. Within days of Logan's last meeting, the French took steps to relieve the tensions between the two nations; they lifted
6500-704: The advice and consent of the Senate could be undone by the next president. A petition on the White House 's We The People website requesting that the Obama administration prosecute the 47 senators under the Logan Act accumulated signatures from over 320,200 people. In April 2018, former Secretary of State John Kerry met with the Iranian Foreign Minister in order to ensure the Iran nuclear deal framework remained more or less intact. Matthew Summers,
6600-482: The agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects. 1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004). Article II , Section 2, Clause 2 of the United States Constitution includes the ' Treaty Clause ,' which empowers the President of the United States to propose and chiefly negotiate agreements, which must be confirmed by
6700-662: The authority to publish the Statutes at Large to the Government Printing Office under the direction of the Secretary of State. Pub. L. 80–278 , 61 Stat. 633, was enacted July 30, 1947 and directed the Secretary of State to compile, edit, index, and publish the Statutes at Large . Pub. L. 81–821 , 64 Stat. 980, was enacted September 23, 1950 and directed the Administrator of General Services to compile, edit, index, and publish
6800-409: 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
6900-483: 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
7000-409: 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
7100-411: The current administration. Subsequently, Logan himself was appointed and then elected as a Democratic-Republican to the United States Senate from Pennsylvania, and served from July 13, 1801, to March 3, 1807. He was unsuccessful in getting the Logan Act repealed. Despite the Logan Act, he went to England in 1810 on a private diplomatic mission as an emissary of peace in the period before the outbreak of
7200-490: 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 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
7300-532: 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 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,
7400-532: 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 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
7500-501: The foreign relations of the United States. The US government has threatened to use the Act to stop Americans from negotiating with foreign governments. For example, in February 1941 Under Secretary of State Sumner Welles told the press that former President Herbert Hoover might be a target for prosecution because of his negotiations with European nations over sending food relief. Only two indictments have ever been handed up under
7600-407: 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 a result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election
7700-523: The indictment of Flournoy, and there was no further prosecution of him. The purchase of the Louisiana Territory later that year appeared to cause the separatism issue to become moot, and the case was abandoned. In 1852, Jonas Phillips Levy became the second, and to date the last, person to be indicted under the Logan Act. Levy, an American merchant and sailor who was living in Mexico at
7800-416: 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
7900-724: 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 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
8000-403: The measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or
8100-478: The most zealous prosecutor from trying a case under the Logan Act.” Former U.S. Attorney for the Southern District of New York (SDNY) Geoffrey Berman stated that he was pressured by the Justice Department to indict Kerry for violating the Logan Act. The SDNY office informed the Department of Justice that it would not prosecute. Berman stated the Justice Department then sent the case to the office of
8200-513: 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 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,
8300-463: 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
8400-410: The praise showered on Logan by oppositional Democratic-Republican newspapers. Secretary of State Timothy Pickering , also of Pennsylvania, responded by suggesting that Congress "act to curb the temerity and impudence of individuals affecting to interfere in public affairs between France and the United States." The result was that Rep. Roger Griswold introduced the Logan Act. It was pushed through by
8500-587: 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 the Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been
8600-472: 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 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
8700-405: 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 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
8800-461: 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
8900-399: 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,
9000-434: 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
9100-458: 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 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
9200-454: 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 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
9300-414: 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 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
9400-513: The time, had acquired a grant to build a railway across the Isthmus of Tehuantepec , the narrowest point across Mexico. Secretary of State Daniel Webster had been pressuring Mexico to accept a treaty that would allow a different group of American businessmen to build the railway. Levy wrote a letter to Mexican President Mariano Arista urging him to reject Webster's proposed treaty, prompting Webster to seek an indictment against Levy for violating
9500-576: The trade embargo then in place, and released American seamen held captive in French jails. Even so, it seems that Logan's actions were not the primary cause of the Directory's actions; instead, Logan had merely provided convenient timing for the implementation of a decision that had already been made. Despite the apparent success of Logan's mission, his activities aroused the opposition of the Federalist Party in Congress, who were resentful of
9600-561: The use of the Logan Act to evoke a FISA investigation. A second important notation by Strzok reads "VP: Logan Act", suggesting that Biden raised the idea of using the Logan Act, which forbids unauthorized citizens from negotiating with a foreign government. United States Statutes at Large The United States Statutes at Large , commonly referred to as the Statutes at Large and abbreviated Stat. , are an official record of Acts of Congress and concurrent resolutions passed by
9700-450: 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
9800-480: Was passed following George Logan 's unauthorized negotiations with France in 1798, and was signed into law by President John Adams on January 30, 1799. The Act was amended in 1994, changing the penalty for violation from "fined $ 5,000" to "fined under this title"; this appears to be the only amendment to the Act. Violation of the Logan Act is a felony , punishable with imprisonment for up to three years. Only two people have ever been indicted on charges of violating
9900-532: Was published as volume 68A of the Statutes at Large (68A Stat. 3 ). 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 is the lower chamber of Congress) comprise the federal bicameral legislature of the United States . Together,
10000-465: Was published on August 14, 2024, and the following day, Axios published a follow-up story stating that Israeli Prime Minister Benjamin Netanyahu's office had released a statement saying that Netanyahu did not speak with former President Donald Trump to discuss the Gaza hostage and ceasefire deal. There has been little judicial discussion of the constitutionality of the Logan Act. The U.S. District Court for
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