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LIVING CONSTITUTION
BACKGROUND
VOCABULARY
pro tempore for the time
being
COMPARING
Federal Office Terms and
Requirements
Tell students that the requirement that a
president be a “natural-born” citizen of the
United States has been questioned recently.
Why do you think the Framers specified a
natural-born citizen as president? (Possible
Answer: They feared a foreign-born person
might get elected but not have the best
interests of the United States at heart; they
had seen foreign kings rule other countries
in Europe.)
CRITICAL THINKING ANSWER
Possible Answer: Framers wanted the
Senate to be composed of older people
who had been in the country longer so
that they would make decisions on the
basis of greater experience.
indictment a written
statement issued by a grand
jury charging a person with
a crime
quorum the minimum number
of members that must be
present for official business to
take place
3. Qualifications No person shall be a Senator who shall not have
attained to the age of thirty years, and been nine years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that
state for which he shall be chosen.
COMPARING
Position
Federal Office Terms and Requirements
Minimum Age
Residency
Representative
2 years
25
state in which elected
7 years
Senator
6 years
30
state in which elected
9 years
President
4 years
35
14 years in the U.S.
natural-born
Supreme Court Justice
unlimited
none
none
Term
none
Citizenship
CRITICAL THINKING Why do you think the term and qualifications for a senator are more
demanding than for a representative?
4. Role of Vice President The Vice President of the United States shall
be President of the Senate, but shall have no vote, unless they be equally
divided.
More About . . .
5. Officers The Senate shall choose their other officers, and also a
President pro tempore, in the absence of the Vice President, or when he
shall exercise the office of President of the United States.
Impeachment
Impeachment is a formal accusation of
wrong-doing by a public official. It is a legal
process that can be used not only against
the president of the United States, but also
against other officials such as federal judges
or cabinet officers. To date, 17 federal
officials have been impeached by the House
of Representatives, of whom seven have
been convicted by the Senate. All of those
convicted were federal judges.
2. Classifying Terms Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into
three classes. The seats of the Senators of the first class shall be vacated at
the expiration of the second year, of the second class at the expiration of
the fourth year, and of the third class at the expiration of the sixth year, so
that one-third may be chosen every second year; and if vacancies happen
by resignation, or otherwise, during the recess of the legislature of any
state, the executive thereof may make temporary appointments until the
next meeting of the legislature, which shall then fill such vacancies.
Impeachment
The House brings charges against
the president. The Senate acts as
the jury. The Chief Justice of the
Supreme Court presides over the
hearings.
3. How many presidents
have been impeached?
6. Impeachment Trials The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be on oath or
affirmation. When the President of the United States is tried, the Chief
Justice shall preside: and no person shall be convicted without the
concurrence of two-thirds of the members present.
7. Punishment for Impeachment Judgment in cases of impeachment shall
not extend further than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit under the United States; but
the party convicted shall nevertheless be liable and subject to indictment,
trial, judgment and punishment, according to law.
SIDEBAR ANSWER
3. Two presidents—Andrew Johnson and
Bill Clinton—were impeached, but
neither was convicted.
268 The
Living
Chapter
0 Constitution
DIFFERENTIATING INSTRUCTION
English Learners
Pre-AP
Comprehension: Connection
Add a Column to the
“Comparing” Chart
Read aloud the sections labeled 3 & 4
on this page, rephrasing the language so
it is stated in the positive (“All Senators
will be at least 30 years old . . .”). Also
change the sentence describing the
vice-president’s role in the Senate from
“shall have no vote unless . . .” to “is not
allowed to vote unless there is a tie.”
Ask students for their understanding of
these sections and discuss any questions.
268 • The Living Constitution
Have students study the chart on this
page. Have students add a column to
the chart that describes why they think
the Framers specified the requirements
as they did. Students should analyze
the positions and responsibilities and
interpret the varying requirements
accordingly.
Constitution Handbook
SECTION 4.
Congressional Elections
1. Regulations The times, places and manner of holding elections for
Senators and Representatives shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such
regulations, except as to the places of choosing Senators.
2. Sessions The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless they shall
by law appoint a different day.
S E C T I O N 5 . Rules
and Procedures
1. Quorum Each house shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall constitute
a quorum to do business; but a smaller number may adjourn from day to
day, and may be authorized to compel the attendance of absent members,
in such manner, and under such penalties as each house may provide.
2. Rules and Conduct Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
3. Congressional Records Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may
in their judgment require secrecy; and the yeas and nays of the members
of either house on any question shall, at the desire of one-fifth of those
present, be entered on the journal.
4. Adjournment Neither house, during the session of Congress, shall,
without the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two houses shall be sitting
SECTION 6.
Senate Rules
Senate rules allow for debate on
the floor. Using a tactic called
filibustering, senators give long
speeches to block the passage
of a bill. (above) Senator Strom
Thurmond holds the filibustering
record—24 hours, 18 minutes.
4. Why might a senator
choose filibustering as a
tactic to block a bill?
Payment and Privileges
1. Salary The Senators and Representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the treasury of
the United States. They shall in all cases, except treason, felony and breach
of the peace, be privileged from arrest during their attendance at the
session of their respective houses, and in going to and returning from the
same; and for any speech or debate in either house, they shall not be
questioned in any other place.
2. Restrictions No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person
holding any office under the United States, shall be a member of either
house during his continuance in office.
LIVING CONSTITUTION
More About . . .
Senate Rules
Both the House and Senate have the
power to punish members for “disorderly
behavior” which over the years has
been interpreted to include almost any
inappropriate actions. A written code of
ethics was adopted in 1968 by both the
House and Senate. Punishments have
included censure, reprimand, and expulsion,
but are rare. The Senate has not expelled a
member since the Civil War.
Connect to Today
Salaries
This section inspired an amendment in 1992
concerning changing the rate of pay of
members of Congress. What danger do you
see in determining compensation “by law”?
(since Congress makes laws, they determine
their own rate of pay)
Connect to Today
Salaries Senators and
representatives are paid $165,200
a year. The Speaker of the House
is paid $212,100—the same as
the vice president.
5. How do the salaries
of members of Congress
compare to those of
adults—like teachers or
famous sports figures?
SIDEBAR ANSWERS
4. Possible Answer: to prevent a vote on
a bill that the majority supports but the
filibustering senator strongly opposes
5. Possible Answers: Some students
may say that congressional members
earn much more than teachers but
considerably less than sports superstars.
For additional comparisons, suggest
that students find the salaries for
various occupations published by the
U.S. Department of Labor.
Constitution Handbook 269
DIFFERENTIATING INSTRUCTION
Struggling Readers
Inclusion
Summarize and Paraphrase
Section 5
Write or Tape a Summary of
“Congressional Records”
Discuss each portion of Section 5 Rules
and Procedures.
Have students study the section on
“Congressional Records” on this page
and work to summarize its requirements.
• After reading it aloud, ask students to
summarize and paraphrase it.
• Help students by discussing terms or
phrases which are hard to understand
and discuss what the rules mean.
• Students can write or tape record a
summary.
• They should include coverage of the
two basic clauses as well as qualifying
details for each.
Teacher’s Edition • 269