Download United States Constitution, Article I, Section 3

Elections 2014 – From a Civic Virtue Perspective
U.S. Senate – Handout 1
United States Constitution, Article I, Section 3
with commentary
The Senate of the United States shall be composed of two Senators from each State,
chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Each state has two senators, regardless of the size of its population. Originally, senators
were chosen by state legislatures. In 1913 the 17th amendment provided that senators
would be directly elected by the people.
Immediately after they shall be assembled in Consequence of the first Election, they
shall be divided as equally as may be into three Classes. The Seats of the Senators of
the first Class shall be vacated at the Expiration of the second Year, of the second
Class at the Expiration of the fourth Year, and of the third Class at the Expiration of
the sixth Year, so that one third may be chosen every second Year; [and if Vacancies
happen by Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the next
Meeting of the Legislature, which shall then fill such Vacancies].
From the beginning, senators were divided into three groups for staggered elections, so that
one-third of the seats are filled every two years. The parenthetical part regarding the filling
of vacancies, was altered by the 17th amendment.
No Person shall be a Senator who shall not have attained to the Age of thirty Years,
and been nine Years a Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State for which he shall be chosen.
As with representatives, the Constitution fixes the qualifications a person must meet to be
eligible to be a senator.
The Vice President of the United States shall be President of the Senate, but shall
have no Vote, unless they be equally divided.
As the presiding officer of the Senate, the vice president may vote only to break a tie.
1
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Elections 2014 – From a Civic Virtue Perspective
U.S. Senate – Handout 1
The Senate shall chuse their other Officers, and also a President pro tempore, in the
Absence of the Vice President, or when he shall exercise the Office of President of
the United States.
Except for the Vice President, the Senate elects its own officers. The President pro tempore
is usually the longest-serving member of the majority party. Other elected officers include a
chaplain, secretary of the Senate, and sergeant at arms, who are not senators.
The Senate shall have the sole Power to try all Impeachments. When sitting for that
Purpose, they shall be on Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members present.
Once the House votes to impeach, the Senate conducts a trial to determine whether to
convict or acquit. A two-thirds vote is necessary to remove the individual from office. The
chief justice of the United States presides over the impeachment trial of a president.
Judgment in Cases of Impeachment shall not extend further than to removal from
Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit
under the United States: but the Party convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and Punishment, according to Law.
Convicted persons can be barred from holding future office, and may be subject to criminal
trial in the courts.
Source: http://www.senate.gov/civics/constitution_item/constitution.htm
Amendment 17 (ratified 1913. Pertinent parts:)
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. …
When vacancies happen in 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.
2
CLASSROOM LAW PROJECT
620 SW Main, Ste. 102, Portland, OR 97205
503-224-4424
www.classroomlaw.org
Elections 2014 – From a Civic Virtue Perspective
U.S. Senate – Handout 1
United States Constitution Article I, Section 3
plus Amendment 17
without commentary
The Senate of the United States shall be composed of two Senators from each State,
[chosen by the Legislature thereof,]* for six Years; and each Senator shall have one Vote.
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.]*
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.
The Vice President of the United States shall be President of the Senate, but shall have
no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the
Absence of the Vice President, or when he shall exercise the Office of President of the
United States.
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.
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.
Amendment 17 (ratified 1913. Pertinent parts:)
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. …
When vacancies happen in 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.
3
CLASSROOM LAW PROJECT
620 SW Main, Ste. 102, Portland, OR 97205
503-224-4424
www.classroomlaw.org