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US Senate

US Senate

] The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. In the Senate, each state is equally represented by two members, regardless of population; as a result, the total membership of the body is currently 100. Senators serve for six-year terms that are staggered so elections are held for approximately one-third of the seats (a "class") every second year. The Vice President of the United States is the presiding officer of the Senate but is not a senator and does not vote except to break ties. The Senate is regarded as a more deliberative body than the House of Representatives; the Senate is smaller and its members serve longer terms, allowing for a more collegial and less partisan atmosphere that is somewhat more insulated from public opinion than the House. The Senate has several exclusive powers enumerated in the Constitution not granted to the House; most significantly, the President cannot ratify treaties or make important appointments without the "Advice and Consent" of the Senate The Framers of the Constitution created a bicameral Congress out of a desire to have two houses to check each other. One house was intended to be a "people's house" that would be very sensitive to public opinion. The other house was intended to a more reserved, more deliberate forum of elite wisdom. The Constitution provides that the approval of both chambers is necessary for the passage of legislation. The exclusive powers enumerated to the Senate in the Constitution are regarded as more important than those exclusively enumerated to the House. As a result, the responsibilities of the Senate (the "upper house") are more extensive than those of the House of Representatives (the "lower house"). The Senate of the United States was named after the ancient Roman Senate. The chamber of the United States Senate is located in the north wing of the Capitol building, in Washington, D.C., the national capital. The House of Representatives convenes in the south wing of the same building.

History

Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented. The inefficacy of the federal government under the Articles led Congress to summon a Constitutional Convention in 1787; all states except Rhode Island agreed to send delegates. Many delegates called for a second Congressional chamber, modeled on the House of Lords (the aristocratic upper house of the British Parliament). For example, John Dickinson argued that the second chamber should "consist of the most distinguished characters, distinguished for their rank in life and their weight of property, and bearing as strong a likeness to the British House of Lords as possible." The structure of Congress was one of the most divisive issues facing the Convention. The Virginia Plan called for a bicameral Congress; the lower chamber would be elected directly by the people, and the upper chamber would be elected by the lower chamber. The Virginia Plan was primarily supported by the larger states, as it called for representation based on population in both Chambers. The smaller states, however, favored the New Jersey Plan, which called for a unicameral Congress with equal representation for the states. Eventually, a compromise, known as the Connecticut Compromise or the Great Compromise, was reached; one chamber of Congress (the House of Representatives) would provide proportional representation, whereas the other (the Senate) would provide equal representation. In order to further preserve the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its full implementation was set for March 4, 1789. However, the Senate could not begin work until a majority of the members assembled on April 6 of the same year. The Founding Fathers intended the Senate to be a more stable, deliberative body than the House of Representatives. James Madison described the Senate's purpose as "A necessary fence against...fickleness and passion". George Washington, in answer to a question by Thomas Jefferson, said "we pour legislation into the senatorial saucer to cool it (from The House of Representatives)". The early 19th century was marked by the service of distinguished orators and statesmen such as Daniel Webster, John C. Calhoun, Henry Clay, Stephen A. Douglas and Thomas Hart Benton. The era, however, was also marred by sectional clashes between the free North and the slaveholding South. For most of the first half of the 19th century, a balance between North and South existed in the Senate, as the numbers of free and slave states were equal. Southern senators could often block schemes passed by the House of Representatives, a body dominated by the populous North. Sectional conflict was most pronounced over the issue of slavery, and persisted until the Civil War (1861–1865). The war, which began soon after several southern states declared secession from the Union, culminated in the South's defeat and in the abolition of slavery. The ensuing years of Reconstruction witnessed large majorities for the Republican Party, which many Americans associated with the Union's victory in the Civil War. The efforts of "Radical Republicans" led to the impeachment of Democratic President Andrew Johnson in 1868 for political purposes; the trial ultimately ended in acquittal, with the Senate falling one vote short of the two-thirds majority requisite for conviction. Reconstruction ended in 1877, at approximately the same time as the Gilded Age began. This period was marked by sharp political divisions in the electorate; both the Democrats and the Republicans were in power in the Senate, but neither could obtain large majorities. At the same time the Senate descended into a period of irrelevance that stood in sharp contrast with the pre-Civil War era. Very few senators had long and distinguished careers, with most serving but for a single term. The corruption of state legislatures was also widespread; nine cases of bribery in Senate elections arose between 1866 and 1906. Many individuals, furthermore, perceived the Senate as a bastion of the rich and the elite. Several reformers of the Progressive Era pushed for the direct election of senators by the people, rather than state legislatures; they achieved their objective in 1913 with the ratification of the Seventeenth Amendment. The Amendment ultimately had the result of making senators more responsive to the concerns of voters. Some have argued that, as a result of this amendment, the states have no real representation in Congress, since senators are now directly elected by the people rather than by state legislatures. Others argue that a state is, by definition, one and the same as the citizens thereof, and that both directly elected and appointed senators ultimately represent the people. In the 1910s a Senate leadership structure developed, with Henry Cabot Lodge and John Worth Kern becoming the unofficial leaders of the Republican and Democratic parties, respectively. The Democrats appointed their first official leader, Oscar Underwood, in 1925; the Republicans followed with Charles Curtis in 1925. Initially, the powers of the leaders were very limited, and individual senators—especially the chairmen of important committees—still held more clout. The influence of the party leaders, however, would eventually grow, especially during the tenures of skilled leaders such as Lyndon B. Johnson.

Members and elections

Article One of the Constitution stipulates that each state may elect two senators. The Constitution further stipulates that no constitutional amendment may deprive a state of its equal suffrage in the Senate without the consent of the state concerned. The District of Columbia and territories are not entitled to any representation. As there are presently 50 states, the Senate comprises 100 members. The senator from each state with the longer tenure is known as the "senior senator," and his or her counterpart as the "junior senator"; this convention, however, does not have any special significance. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years. The staggering of the terms is arranged such that both seats from a given state are never contested in the same general election. Senate elections are held on the first Tuesday after the first Monday in November, Election Day, and coincide with elections for the House of Representatives. Each senator is elected by his or her state as a whole. Generally, the Republican and Democratic parties choose their candidates in primary elections, which are typically held several months before the general elections. Ballot access rules for independent and third party candidates vary from state to state. For the general election, almost all states use the first-past-the-post system, under which the candidate with a plurality of votes (not necessarily an absolute majority) wins. The two exceptions are Louisiana and Washington, which use runoff voting. Once elected, a senator continues to serve until the expiry of his or her term, death, or resignation. Furthermore, the Constitution permits the Senate to expel any member with a two-thirds majority vote to do so. Fifteen members have been expelled in the history of the Senate; 14 of them were removed in 1861 and 1862 for supporting the Confederate secession, which led to the American Civil War. No senator has been expelled since; however, many have chosen to resign when faced with expulsion proceedings (most recently, Bob Packwood in 1995). The Senate has also passed several resolutions censuring members; censure requires only a simple majority and does not remove a senator from office. The Seventeenth Amendment provides that vacancies in the Senate, however they arise, may be filled by special elections. A special election for a Senate seat need not be held immediately after the vacancy arises; instead, it is typically conducted at the same time as the next biennial congressional election. If a special election for one seat happens to coincide with a general election for the state's other seat, then the two elections are not combined, but are instead contested separately. A senator elected in a special election serves until the original six-year term expires, and not for a full term of his or her own. Furthermore, the Seventeenth Amendment provides that any state legislature may empower the Governor to temporarily fill vacancies. The interim appointee remains in office until the special election can be held. All states, with the sole exception of Arizona, have passed laws authorizing the Governor to make temporary appointments. Senators are entitled to prefix "The Honorable" to their names. The annual salary of each senator, as of 2005, is $162,100; the President pro tempore and party leaders receive larger amounts. Analysis of financial disclosure forms by CNN in June 2003 revealed that at least 40 of the then senators were millionaires. In general, senators are regarded as more important political figures than members of the House of Representatives because there are fewer of them, and because they serve for longer terms, represent larger constituencies (except for House at-large districts, which comprise entire states), sit on more committees, and have more staffers. The prestige commonly associated with the Senate is reflected by the background of presidents and presidential candidates; far more sitting senators have been nominees for the presidency than sitting representatives.

Qualifications

Article I, Section 3 of the Constitution sets forth three qualifications for senators: each senator must be at least thirty years old, must have been a citizen of the United States for at least the past nine years, and must be (at the time of the election) an inhabitant of the state he or she represents. 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." Furthermore, under the Fourteenth Amendment, any federal or state officer who takes the requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a senator. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who sided with the Confederacy from serving. The Amendment, however, provides that a disqualified individual may still serve if two-thirds of both Houses of Congress vote to remove the disability. Under the Constitution, the Senate (not the courts) is empowered to judge if an individual is qualified to serve. During its early years, however, the Senate did not closely scrutinize the qualifications of members. As a result, three individuals that were Constitutionally disqualified due to age were admitted to the Senate: twenty-nine-year-old Henry Clay (1806), and twenty-eight-year-olds Armistead Mason (1816) and John Eaton (1818). Such an occurrence, however, has not been repeated since. In 1934, Rush Holt was elected to the Senate at the age of twenty-nine; he waited until he turned thirty to take the oath of office.

Officers

The party with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the Vice President's affiliation determines which is the majority party. The next-largest party is known as the minority party. The President pro tempore, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. The Constitution provides that the Vice President of the United States serves as the President of the Senate and holds a vote which can only be cast to break a tie. By convention, the Vice President presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators) or at times when his or her vote may be needed to break a tie. The Constitution also authorizes the Senate to elect a President pro tempore (Latin for "temporary president") to preside in the Vice President's absence; the most senior senator of the majority party is customarily chosen to serve in this position. The President pro tempore is currently Senator Ted Stevens (R) of Alaska. Like the Vice President, the President pro tempore does not normally preside over the Senate. Instead, he or she typically delegates the responsibility of presiding to junior senators of the majority party. Frequently, freshmen senators (newly elected members) are allowed to preside so that they may become accustomed to the rules and procedures of the body. The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer are extremely limited; he or she primarily acts as the Senate's mouthpiece, performing duties such as announcing the results of votes. The Senate's presiding officer controls debates by calling on members to speak; the rules of the Senate, however, compel him or her to recognize the first senator who rises. The presiding officer may rule on any "point of order" (a senator's objection that a rule has been breached), but the decision is subject to appeal to the whole house. Thus, the powers of the presiding officer of the senate are far less extensive than those of the Speaker of the House. Each party elects a senator to serve as floor leader, a position which entails acting as the party's chief spokesperson. The Senate Majority Leader is, furthermore, responsible for controlling the agenda of the Senate; for example, he or she schedules debates and votes. Each party also elects a whip to assist the leader. A whip works to ensure that his or her party's senators vote as the party leadership desires. The Senate is also served by several officials 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 Secretary is aided in his or her work by the Assistant Secretary of the Senate. Another official is the Sergeant-at-Arms, who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handles routine police work, with the Sergeant-at-Arms primarily responsible for general oversight. Other employees include the Chaplain and Pages.

Procedure

Pages]] Like the House of Representatives, the Senate meets in the United States Capitol in Washington, D.C. At one end of the Chamber of the Senate is a dais from which the Presiding Officer (the Vice President or the President pro Tempore) presides. The lower tier of the dais is used by clerks and other officials. One hundred desks are arranged in the Chamber in a semicircular pattern; the desks are divided by a wide central aisle. By tradition, Democrats sit on the right of the center aisle, while Republicans sit on the left, as viewed from the presiding officer's chair. Each senator chooses a desk on the basis of seniority within his or her party; by custom, the leader of each party sits in the front row. Sittings are normally held on weekdays; meetings on Saturdays and Sundays are rare. Sittings of the Senate are generally open to the public and are broadcast live on television by C-SPAN 2. Senate procedure depends not only on the rules, but also on a variety of customs and traditions. In many cases, the Senate waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. Any 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 often uses the gavel of the Senate to maintain order. The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed to be present unless a quorum call explicitly demonstrates otherwise. Any senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. In practice, senators almost always request quorum calls not to establish the presence of a quorum, but to temporarily delay proceedings. Such a delay may serve one of many purposes; often, it allows Senate leaders to negotiate compromises off the floor. Once the need for a delay has ended, any senator may request unanimous consent to rescind the Quorum Call. During debates, senators may only speak if called upon by the presiding officer. The presiding officer is, however, required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of debate. Customarily, the Majority Leader and Minority Leader are accorded priority during debates, even if another senator rises first. All speeches must be addressed to the presiding officer, using the words "Mr. President" or "Madam President." Only the presiding officer may be directly addressed in speeches; other Members must be referred to in the third person. In most cases, senators do not refer to each other by name, but by state, using forms such as "the senior senator from Virginia" or "the junior senator from California." There are very few restrictions on the content of speeches; there is no requirement that speeches be germane to the matter before the Senate. The rules of the Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. (A legislative day begins when the Senate convenes and ends with adjournment; hence, it does not necessarily coincide with the calendar day.) The length of these speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the Budget process), limits are imposed by statute. In general, however, the right to unlimited debate is preserved. The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, who spoke for over twenty-four hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body, a two-thirds majority is required. Cloture is invoked very rarely, particularly because bipartisan support is usually necessary to obtain the required supermajority. If the Senate does invoke cloture, debate does not end immediately; instead, further debate is limited to thirty additional hours unless increased by another three-fifths vote. When debate concludes, the motion in question is put to a vote. In many cases, the Senate votes by voice vote; the presiding officer puts the question, and Members respond either "Aye" (in favor of the motion) or "No" (against the motion). The presiding officer then announces the result of the voice vote. Any senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; each senator responds when his or her name is called. Senators who miss the roll call may still cast a vote as long as the recorded vote remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. If the vote is tied, the Vice President, if present, is entitled to a casting vote. If the Vice President is not present, however, the motion is resolved in the negative. On occasion, the Senate may go into what is called a secret, or closed session. During a closed session, the chamber doors are closed, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed sessions are quite rare, and usually held only under very certain circumstances where the senate is discussing sensitive subject-matter such as information critical to national security, private communications from the President, or even to discuss Senate deliberations during impeachment trials. Any Senator has the right to call a closed session as long as the motion is seconded. Budget bills are governed under a special rule process called "Reconciliation" that disallows filibusters. Reconciliation was devised in 1974 but came into use in the early 1980s.

Committees

Reconciliation The Senate uses committees (as well as their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. The appointment of committee members is formally made by the whole Senate, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual senators, giving priority on the basis of seniority. Each party is allocated seats on committees in proportion to its overall strength. Most committee work is performed by sixteen standing committees, each of which has jurisdiction over a specific field such as Finance or Foreign Relations. Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers presidential nominations to offices related to its jurisdiction. (For instance, the Judiciary Committee considers nominees for judgeships, and the Foreign Relations Committee considers nominees for positions in the Department of State.) Committees have extensive powers with regard to bills and nominees; they may block nominees and impede bills from reaching the floor of the Senate. Finally, standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence. The Senate also has several committees that are not considered standing committees. Such bodies are generally known as select committees or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, though the bulk of legislative work is performed by the standing committees. Committees may be established on an ad hoc basis for specific purposes; for instance, the Senate Watergate Committee was a special committee created to investigate the Watergate scandal. Such temporary committees cease to exist after fulfilling their tasks. Finally, the Congress includes joint committees, which include members of both the Senate and the House of Representatives. Some joint committees oversee independent government bodies; for instance, the Joint Committee on the Library oversees the Library of Congress. Other joint committees serve to make advisory reports; for example, there exists a Joint Committee on Taxation. Bills and nominees are not referred to joint committees. Hence, the power of joint committees is considerably lower than those of standing committees. Each Senate committee and subcommittee is led by a chairman (always a member of the majority party). Formerly, committee chairmanship was determined purely by seniority; as a result, several elderly senators continued to serve as chairmen despite severe physical infirmity or even senility. Now, committee chairmen are in theory elected, but in practice, seniority is very rarely bypassed. The chairman's powers are extensive; he or she controls the committee's agenda, and may prevent the committee from approving a bill or presidential nomination. Modern committee chairmen are typically not forceful in exerting their influence, although there have been some exceptions. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the Ranking Member. In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the Vice Chairman.

Legislative functions

Most bills may be introduced in either House of Congress. However, the Constitution provides that "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. The constitutional provision barring the Senate from introducing revenue bills is based on the practice of the British Parliament, in which only the House of Commons may originate such measures. Although the Constitution gave the House the power to initiate revenue bills, in practice the Senate is equal to the House in the respects of taxation and spending. As Woodrow Wilson wrote: :[T]he Senate's right to amend [revenue bills] has been allowed the widest possible scope. The upper house may add to them what it pleases; may go altogether outside of their original provisions and tack to them entirely new features of legislation, altering not only the amounts but even the objects of expenditure, and making out of the materials sent them by the popular chamber measures of an almost totally new character. The approval of both the Senate and the House of Representatives is required for any bill, including a revenue bill, to become law. Both Houses must pass the exact same version of the bill; if there are differences, they may be resolved by a conference committee, which includes members of both bodies.

Checks and balances

The Constitution provides that the President can make certain appointments only with the "advice and consent" of the Senate. Officials whose appointments require the Senate's approval include members of the Cabinet, heads of federal executive agencies, ambassadors, Justices of the Supreme Court, and other federal judges. However, Congress may pass legislation to authorize the appointment of less important officials without the Senate's consent. Typically, a nominee is first subject to a hearing before a Senate committee. Committees may block nominees, but do so relatively infrequently. Thereafter, the nomination is considered by the full Senate. In a majority of the cases, nominees are confirmed; rejections of Cabinet nominees are especially rare (there have been only nine nominees rejected outright in the history of the United States). The powers of the Senate with respect to nominations are, however, subject to some constraints. For instance, the Constitution provides that the President may make an appointment during a congressional recess without the Senate's advice and consent. The recess appointment remains valid only temporarily; the office becomes vacant again at the end of the next congressional session. Nevertheless, Presidents have frequently used recess appointments to circumvent the possibility that the Senate may reject the nominee. Furthermore, as the Supreme Court held in Myers v. United States, although the Senate's advice and consent is required for the appointment of certain executive branch officials, it is not necessary for their removal. The Senate also has a role in the process of ratifying treaties. The Constitution provides that the President may only ratify a treaty if two-thirds of the senators vote to grant advice and consent. However, not all international agreements are considered treaties, and therefore do not require the Senate's approval. Congress has passed laws authorizing the President to conclude executive agreements without action by the Senate. Similarly, the President may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some to suggest that they unconstitutionally circumvent the treaty-ratification process. However, the validity of such agreements has been upheld by the courts. congressional-executive agreement congressional-executive agreement The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting President of the United States is being tried, the Chief Justice of the United States must preside over the trial. During any impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (One resigned before the Senate could complete the trial.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. Under the Twelfth Amendment, the Senate has the power to elect the Vice President if no vice presidential candidate receives a majority of votes in the electoral college. The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. Electoral college deadlocks are very rare; in the history of the United States, the Senate has only had to break a deadlock once, in 1837, when it elected Richard Mentor Johnson. The power to elect the President in the case of an electoral college deadlock belongs to the House of Representatives.

Current composition

For the 109th United States Congress, current as of January 4 2005:

References

- Berman, Daniel M. In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company, 1964.
- Byrd, Robert C. The Senate. (4 vols.) Washington, D.C.: Government Printing Office, 1988-1993.
- Congressional Quarterly's Guide to Congress, 5th ed. Washington, D.C.: Congressional Quarterly Press, 2000.
- Frumin, Alan S. [http://www.access.gpo.gov/congress/senate/riddick/ Riddick's Senate Procedure]. Washington, D.C.: Government Printing Office, 1992.
- Story, Joseph. Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little, 1891.
- Wilson, Woodrow. Congressional Government. New York: Houghton Mifflin, 1885.

External links

- [http://www.senate.gov The United States Senate Official Website.]
- [http://bioguide.congress.gov/biosearch/biosearch.asp Biographical Directory of the United States Congress, 1774 to Present.] United States Category:National upper houses ja:アメリカ合衆国上院 simple:United States Senate

Congress of the United States

The Congress of the United States is the legislative branch of the federal government of the United States. It is bicameral, comprising the House of Representatives and the Senate. The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators, who serve six-year terms. Both representatives and senators are directly elected by the people, but in some states the governor may appoint a temporary replacement when a Senate seat is vacant. The United States Constitution vests all legislative powers of the federal government in the Congress. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The enumerated powers of Congress include the authority to regulate interstate and foreign commerce, to levy taxes, to establish federal courts inferior to the Supreme Court, to maintain the armed forces, and to declare war. The Constitution also includes the necessary-and-proper clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." The general purposes expressed in the Preamble have also been interpreted as authorizing Acts of Congress. The Senate is fully equal to the House of Representatives, and is not a "chamber of review," as is the case with the upper houses of the bicameral legislatures of many other nations. However, there are some special powers granted to one chamber only. On the one hand, the Senate's advice and consent is required for presidential appointments to high-level executive and judicial positions, and for the ratification of treaties. On the other hand, bills for raising revenue may originate in the House of Representatives alone. Both chambers meet in the Capitol in Washington, D.C. Washington, D.C.]

History

The Congress of the United States derives from First Continental Congress, a meeting of representatives of twelve of Great Britain's seventeen North American colonies, in the autumn of 1774. On 4 July 1776, the Second Continental Congress declared thirteen former colonies independent states, referring to them as the "United States of America." Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented, and in which each state had a veto over most action. The ineffectiveness of the federal government under the Articles led Congress to summon the Convention of 1787. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. James Madison called for a bicameral Congress: the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for the states. Eventually, a compromise was reached; the House of Representatives to provide proportional representation, whereas the Senate would provide equal representation. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The post Civil War Gilded Age was marked by Republican dominance of Congress. Senate elections were tainted by corruption, bribery and gridlock preventing the election of a senator. These issues were addressed by the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of party leadership in both houses of Congress. In the House of Representatives, the office of Speaker became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. In particular, committee chairmen remained particularly strong in both houses until the reforms of the 1970s. During the long administration of President Franklin D. Roosevelt (1933–45), the Democratic Party controlled both houses of Congress. Both the Republicans and the Democrats were in control at various points during the next decade. However, after winning the elections of 1954, the Democratic Party was the majority party in both houses of Congress for most of the next forty years. The Republicans finally returned to a majority position, in both houses of Congress, in the election of 1994. The Republicans have controlled both houses since, except that the Democrats held the Senate briefly from 2001 to 2003.

Composition

2003 The House of Representatives consists of 435 members representing the fifty states. Seats are apportioned among the states on the basis of population, but every state, regardless of size, is guaranteed at least one seat. Representatives are directly elected by single-member constituencies known as congressional districts. Each state may draw the boundaries of its districts, subject to certain legal requirements; for instance, districts must have approximately equal populations. Representatives serve for two-year terms. The Senate consists of 100 members, two representing each state regardless of population. A senator is elected not by a district, but by a state as a whole. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years and so that both seats from a given state are never contested in the same general election (except for the first election of Senators upon admission of a new state). The District of Columbia and the territories are not represented in the Senate in any manner. The Constitution makes no provision for representation in Congress for citizens of the District of Columbia or the territories. Attempts to change the situation, regarding lack of District of Columbia voting rights, including the proposed District of Columbia Voting Rights Amendment, have been unsuccessful. Currently, the District of Columbia and the territories of American Samoa, Guam, and the U.S. Virgin Islands are represented by a single delegate each, while Puerto Rico elects a Resident Commissioner. Delegates and Resident Commissioners may participate in debates and vote in committees, but may not vote on the floor of the full House. Delegates serve for two-year terms; the Resident Commissioner serves for a four-year term. Generally, the Republican and Democratic parties choose their candidates in primary elections. Ballot access rules for independent and third party candidates vary from state to state. General elections are held in every even-numbered year, on the first Tuesday after the first Monday in November (Election Day). Special elections are held whenever vacancies arise; in the case of the Senate, however, the Governor of a state normally holds the power to temporarily appoint a senator until a special election can be held. In almost all cases, general and special elections are conducted by the first-past-the-post electoral system. Louisiana, however, uses runoff voting for congressional elections.

Officers

The Constitution authorizes the House of Representatives to elect its own Speaker. The Speaker's powers as presiding officer are extensive; he or she controls the course of debate and enforces the rules of the House. Normally, the Speaker does not personally preside over debates; instead, the task is delegated to other members. The Speaker is also the head of the majority party, outranking the Majority Leader. The Vice President of the United States is ex officio the President of the Senate; he or she has no vote except in the case of a tie. The Senate also elects a President pro tempore, or "temporary President," to preside when the Vice President is absent. The President pro tempore, by custom, is the most senior senator of the majority party. Neither the Vice President nor the President pro tempore regularly presides; instead, the duty is performed by other senators. The powers of the President pro tempore are much less extensive than those of the Speaker. He or she does not head the majority party in the Senate; rather, the Majority Leader is the full head of the Senate majority party.

Women, ethnic and racial minorities

Congress has historically not reflected the full diversity of the United States, despite the fact that the Constitution has never excluded persons from membership in Congress on the basis of race, ethnicity, or sex. The early Congresses were composed largely of upper-class White men. This changed briefly during the post-Civil War era of Reconstruction. The passage of the 13th and 14th Amendments expanded suffrage to former slaves. This, combined with the temporary exclusion of former members of the government of the Confederate States of America, permitted a number of African Americans to win seats. This movement reversed when Reconstruction ended and Southern states began disenfranchising blacks through the use of Jim Crow laws. During the remainder of the 19th century, and into the 20th century, racial, economic, and ethnic prejudice in the rest of the country largely kept out non-Protestants and the new waves of immigrants from southern Europe. This slowly began to change in the 20th century as these groups gained more political clout. The Civil Rights Movement of the 1950s 60s again enfranchised African-Americans, who gained more seats as a consequence. Jeannette Rankin was the first woman elected to Congress, in 1916. Women could not vote or be elected in most of the United States until the Nineteenth Amendment was ratified in 1920. Rebecca Felton was the first woman to become a Senator in 1922, when she was appointed to fill a vacancy left by Georgia Senator Thomas E. Watson. As of 2005, there are 69 women serving the U.S. House and 14 in the U.S. Senate. This is the highest number of women to hold Congressional office at one time.

Restrictions on office holding

Article I, Section 6, Clause 2 of the U.S. Constitution prohibits members of Congress from also holding a federal civil office, thus differentiating the U.S. from parliamentary systems where cabinet members are drawn from and continue to sit in the legislature. The same section also prohibits members from being appointed to offices created, or granted increased salary, during their term. This is intended to prevent the creation of sinecure positions. The Constitution does not prohibit Representatives or Senators from simultaneously holding a state post. During the eighteenth century, some members of Congress did also serve as state legislators and other state officials. Such cross-federal dual office holding is now prohibited by state constitutions or statutes, or by general custom. It also does not explicitly prohibit a particular person from serving in both the House and Senate at the same time or, for that matter, from simultaneously holding two or more seats in the House of Representatives. However, no person has ever done so; a member holding a seat in one house has always resigned that seat before starting their term in the other house.

Powers

Section 8 of Article One of the United States Constitution sets forth the powers of Congress. The most important powers are the powers to levy and collect taxes, borrow money, regulate commerce with foreign nations and among the states, coin money, establish courts inferior to the Supreme Court, raise and maintain the armed forces, and declare war. There are additional powers other parts of the Constitution grant. For instance, Congress has the power to admit new states to the Union (Article Four). Other powers have been granted, or confirmed, by constitutional amendments. Congress has the power to break deadlocks in the electoral college. If no presidential candidate achieves an electoral majority, the House may elect the President from the three candidates with the highest numbers of electoral votes. Similarly, if no vice presidential candidate achieves an electoral majority, the Senate may elect the Vice President from the two candidates with the highest numbers of electoral votes. Several of the members of the Constitutional Convention expected that, while George Washington would be overwhelmingly elected as first President under the Constitution, selection by the House would be the normal method after him. The "necessary and proper clause" of the Constitution permits Congress to make "all Laws which shall be necessary and proper for carrying into Execution" its other powers and the rest of the Constitution. The Supreme Court has interpreted the necessary and proper clause broadly, which has permitted the Congress wide authority. One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This power is usually delegated to committees—standing committees, special committees, select committees, or joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing subpoenas. Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open to the public; important hearings are widely reported in the mass media. Article I, Section 9 of the U.S. Constitution places certain limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of habeas corpus (except in extreme cases of rebellion or invasion), pass bills of attainder or ex post facto laws, or grant titles of nobility. Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last clause of the Bill of Rights, the Tenth Amendment, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Checks and balances

The constitution provides certain checks and balances among the three branches of the federal government. The influence of Congress on the presidency has varied from one period to another; it depends largely on the leadership and the political influence of the President. The authors of the Constitution expected the greater power to lie with Congress and that is one reason they are described in Article One. Under the first half-dozen Presidents, power seems to have been evenly divided between the President and Congress, in part because early Presidents largely restricted their vetoes to claims of unconstitutionality. Andrew Jackson (1829-37) dominated his Congresses; his successors were weaker men (excluding Abraham Lincoln (1861-65), and perhaps James K. Polk (1845-49) and Martin van Buren (1837-41)). Senators ruled, including Henry Clay, Daniel Webster, John C. Calhoun, Thomas Hart Benton, Stephen Douglas, and Thaddeus Stevens. The impeachment of Andrew Johnson completed this trend, making the presidency much less powerful than Congress. During the late nineteenth century, President Grover Cleveland aggressively attempted to restore the executive branch's power, vetoing over four hundred bills during his first term. The 20th and 21st centuries have seen the rise of the power of the Presidency under Theodore Roosevelt (1901-09), Franklin D. Roosevelt (1933-45), Richard Nixon (1969-74), Ronald Reagan (1981-89), and George W. Bush (2001–) (see Imperial Presidency). In recent years, Congress has restricted the powers of the President with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century. The Constitution empowers the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial). Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. The Constitution entrusts certain powers to the Senate alone. The President may only appoint Cabinet officials, judges, and other high officers with the "advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the appointment of federal officials or the ratification of treaties. The Constitution does not explicitly state that the courts may exercise judicial review (the power to strike down laws on the grounds of unconstitutionality). However, the notion that courts could declare laws unconstitutional was accepted by several delegates; for example, Alexander Hamilton mentioned and expounded the doctrine in Federalist No. 78. In 1803, the Supreme Court, established judicial review of Federal legislation in Marbury v. Madison; Marbury made the particular holding, however, that Congress could not grant unconstitutional power to the Court itself—the general power of judicial review was not exercised until the Dred Scott decision of 1857.

Legislative procedure

1857

Term

Under the Twentieth Amendment, congressional terms begin at noon on January 3 of every odd-numbered year. It is conventional to refer to each Congress by the ordinal number of its term. Thus, the current Congress (whose term lasts from 2005 to 2007) is known as the "109th Congress"; the previous Congress (whose term lasted from 2003 to 2005) was the "108th Congress," and so forth. At the beginning of each new term, the entire House of Representatives and one-third of the Senate (those who were chosen in the election the previous November) are sworn in. The oath taken is provided by statute: "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 the duties of the office on which I am about to enter: So help me God." The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party. A term of Congress is divided into two "sessions," one for each year; Congress has occasionally also been called into an extra, (or special) session. (The Constitution requires Congress to meet at least once each year.) A new session commences on January 3 (or another date, if Congress so chooses) each year. Before the Twentieth Amendment, Congress met from the first Monday in December to April or May in the first session of their term (the "long session"); and from December to March 4 in the second "short session". (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.) The Constitution forbids either house from meeting any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress's final adjournment, or adjournment sine die, at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.

Joint sessions

Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of electoral votes following a Presidential election and the President's State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet. Meetings of Congress for Presidential Inaugurations may also be Joint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings. At some time during the first two months of each session, the President customarily delivers the State of the Union Address, a speech in which he or she assesses the situation of the country and outlines his or her legislative proposals for the congressional session. The speech is modeled on the Speech from the Throne given by the British monarch, and is mandated by the Constitution of the United States. Thomas Jefferson discontinued the original practice of delivering the speech in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and his successors sent a written message to Congress each year. In 1913, President Woodrow Wilson reestablished the practice of personally attending to deliver the speech; few Presidents have deviated from this custom since. Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House. However, the Constitution requires the President of the Senate to preside over the counting of electoral votes.

Bills and resolutions

A proposal may be introduced in Congress as a bill, a joint resolution, a concurrent resolution, or a simple resolution. Most legislative proposals are introduced as bills, but some are introduced as joint resolutions. There is little practical difference between the two, except that joint resolutions may include preambles but bills may not. Joint resolutions are the normal method used to propose a constitutional amendment or to declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law. Instead, they serve to express the opinion of Congress, or to regulate procedure. Members of Congress often introduce legislation at the behest of lobbyists. Lobbyists advocate the passage (or rejection) of bills affecting the interest of a particular group (such as a corporation or a labor union). In many cases, the lobbyists write legislation and submit it to a member for introduction. Congressional lobbyists are legally required to be registered in a central database, and are employed by political organizations, corporations, state governments, foreign governments, and numerous other groups. In 2005, there are almost 35,000 registered Congressional lobbyists, representing a doubling since 2000. Some of the most prominent lobbyists are ex-members of Congress, others are family members of sitting members. As an example, Dennis Hastert, Tom DeLay, and Roy Blunt all have immediate family members who are (or were) lobbyists. Bills (and other proposals) may be introduced by any member of either house. However, the Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. Although it cannot originate revenue and appropriation bills, the Senate retains the power to amend or reject them. Each bill goes through several stages in each house; the first stage involves consideration by a committee. Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. In some cases, bills may be sent to select committees (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house. A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows. Central party discipline is not as strong in Congress as it is in parliamentary systems, and in the Senate it is weaker than in the House. However, the leadership does have certain powers to sway reluctant legistators to vote with the party. Party leaders derive most of their powers from the ability to fundraise, to control the flow of legislation, and to assign desireable positions; a rebel Congressman may be threatened with a cutoff of funds for his/her campaign, a reduction of pork for his/her district, thwarting of his/her pet legislation, and/or denial of a future committee chairmanship. The party leadership may use the "catch and release" strategy in order to ensure the passage of important legislation with the support of reluctant members. The leaders "catch" a member, pressuring him or her to vote in favor of the legislation even if it is unpopular in the member's constituency. Then, if the bill has sufficient support to pass anyway, the member may be "released," that is, permitted to vote as he or she pleases. Hence, members may avoid alienating influential special interest groups, while remaining loyal to the party. Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added unrequested spending, significantly departing from both the House and Senate versions. President Ronald Reagan once quipped, "If an orange and an apple went into conference consultations, it might come out a pear." If both houses agree to the version reported by the conference committee, the bill passes; otherwise, it fails. After passage by both houses, a bill is submitted to the President. The President may choose to sign the bill, thereby making it law. The President may also choose to veto the bill, returning it to Congress with his or her objections. In such a case, the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the President may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after ten days (excluding Sundays). However, if Congress adjourns (ends a legislative session) during the ten day period, then the bill does not become law. Thus, the President may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjourned Congress. Every Act of Congress or joint resolution begins with an enacting formula or resolving formula stipulated by law. These are:
- Act of Congress: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."
- Joint resolution: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled."

Quorum and voting

The Constitution specifies that a majority of members constitutes a quorum to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present. Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Constitution, however, requires a recorded vote on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Vice President may (if present) cast the tiebreaking vote.

Privileges

Under the Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his or her own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit. The Constitution also guarantees absolute freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for slander because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them. Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year. Another privilege is the use of the Library of Congress. The Library's primary mission is to serve the Congress and its staff. To do this, the Congressional Research Service provides detailed, up-to-date and non-partisan research for Senators, Representatives, and their staff to help them carry out their functions as national servants.

Member groups

- Congressional Black Caucus, a group of African-American members of Congress
- Congressional Hispanic Caucus, a group representing Hispanics in the United States and Puerto Rico
- Congressional Asian Pacific American Caucus, a group representing Asian Pacific Americans

References

- Baker, Ross K. (2000). House and Senate, 3rd ed. New York: W. W. Norton.
- Berg-Andersson, Richard E. (2001). [http://www.thegreenpapers.com/Hx/SessionsExplanation.html Explanation of the types of Sessions of Congress]
- Berman, Daniel M. (1964). In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company.
- Davidson, Roger H., and Walter J. Oleszek. (1998). Congress and Its Members, 6th ed. Washington DC: Congressional Quarterly.
- Herrick, Rebekah. (2001). "Gender effects on job satisfaction in the House of Representatives." Women and Politics, 23 (4), 85–98.
- Hunt, Richard. (1998). "Using the Records of Congress in the Classroom," OAH Magazine of History, 12 (Summer): 34–37.
- Imbornoni, Ann-Marie, David Johnson, and Elissa Haney. (2005). [http://www.infoplease.com/spot/womensfirsts1.html "Famous Firsts by American Women." Infoplease.]
- Lee, Frances and Bruce Oppenheimer. (1999). Sizing Up the Senate: The Unequal Consequences of Equal Representation. University of Chicago Press: Chicago.
- Rimmerman, Craig A. (1990). "Teaching Legislative Politics and Policy Making." Political Science Teacher, 3 (Winter): 16–18.
- Ritchie, Donald A. (1997). "What Makes a Successful Congressional Investigation." OAH Magazine of History, 11 (Spring): 6–8.
- Story, Joseph. (1891). Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little.
- Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.
- Some information in this article has been provided by the [http://www.senate.gov/artandhistory/history/common/generic/Senate_Historical_Office.htm Senate Historical Office].

External links

- [http://www.house.gov/ U.S. House of Representatives]
- [http://www.senate.gov/ U.S. Senate]
- [http://thomas.loc.gov/ Library of Congress: Thomas Legislative Information]
- [http://www.eric.ed.gov/ERICWebPortal/Home.portal?_nfpb=true&ERICExtSearch_SearchValue_0=Vontz&ERICExtSearch_SearchType_0=authors&_pageLabel=RecordDetails&objectId=0900000b801b5845 Teaching about the U.S. Congress]
- [http://www.govtrack.us/ GovTrack.us] United States ja:アメリカ合衆国連邦議会

U.S. state

A U.S. state is any one of the fifty states (four of which officially favor the term commonwealth) which, together with the District of Columbia and Palmyra Atoll (an uninhabited incorporated unorganized territory), form the United States of America. The separate state governments and the U.S. federal government share sovereignty, in that an "American" is a citizen both of the federal entity and of his or her state of residence. The United States Constitution allocates power between the two levels of government in general terms; the general idea is that by ratifying the Constitution, each state has transferred certain aspects of its sovereign powers to the federal government while retaining the remainder for itself. The tasks of education, health, transportation, and other infrastructure are generally the responsibility of the states. Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization, with the federal government playing a much larger role than it once did.

Legal relationship

At the time of the Declaration of Independence from Great Britain in 1776, the 13 colonies became 13 independently sovereign states, which became fourteen in 1777 with the formation of the Vermont Republic; for a brief period, they were in effect legally separate nations. But upon the adoption of the Articles of Confederation and Perpetual Union, the states became a single sovereign political entity as defined by international law, empowered to levy war and to conduct international relations, albeit with a very loosely structured and inefficient central government. After the failure of the union under the Articles of Confederation, the thirteen states joined the modern union via ratification of the United States Constitution, beginning in 1789. Under Article IV of the Constitution, which outlines the relationship between the states, the Congress has the power to admit new states to the union. The states are required to give "full faith and credit" to the acts of each other's legislatures and courts, which is generally held to include the recognition of legal contracts, marriages, criminal judgments, and - at the time - slave status. The states are guaranteed military and civil defense by the federal government, which is also required to ensure that the government of each state remains a republic. The Constitution is silent on the issue of the secession of a state from the union. The Articles of Confederation had stated that the earlier union of the colonies "shall be perpetual", and the preamble to the Constitution states that Constitution was intended to "form a more perfect union". In 1860 and 1861, several states attempted to secede, but were brought back into the Union by force of arms during the Civil War. Subsequently, the federal judicial system, in the case of Texas v. White, established that states do not have the right to secede without the consent of the other states.
- Four of the states bear the formal title of Commonwealth: Kentucky, Massachusetts, Pennsylvania, and Virginia. In these cases, this is merely a name and has no legal effect. However, the United States has non-state areas called commonwealths (Puerto Rico and the Northern Marianas) which do have a legal status different from the states.
- States are free to organize their judicial systems differently from the federal judiciary, as long as due process is protected. See state supreme court for more information. For example, most lawsuits in the state of New York are filed in the Supreme Court, and then appealed to the Appellate Division of the Supreme Court. The highest court in New York is the Court of Appeals.
- The joint resolution which admitted the Republic of Texas to the Union as a state guaranteed Texas the right to divide itself up into up to 5 states. This clause may be redundant, however, as any such state would arguably require Congressional approval, just as when Maine was split off from Massachusetts; it may also be unconstitutional, as reducing the equal suffrage of the other states in the United States Senate.

List of states

The states, with their U.S. postal abbreviations, traditional abbreviations, capitals and largest cities, are as follows. For a complete list of non-state dependent areas and other territory under control of the U.S., see United States dependent areas. State names speak to the circumstances of their creation. (See the lists of U.S. state name etymologies and U.S. county name etymologies for more detail.)
- Southern states on the Atlantic coast originated as British colonies named after British monarchs: Georgia, the Carolinas, Virginia, and Maryland. Some northeastern states, also former British colonies, take their names from places in the British Isles: New Hampshire, New Jersey, New York.
- Many states' names are those of Native American tribes or are from Native American languages: Kansas, Massachusetts, Hawaii, Connecticut, Missouri, Iowa, Wisconsin, Illinois, Minnesota, the Dakotas, Mississippi, Texas, Utah, and others.
- Because they are on territories previously controlled by Spain or Mexico, many states in the southeast and southwest have Spanish names. They include Colorado, New Mexico, Florida, and Nevada.
- Because it was previously a French colony, Louisiana is named after the Louis XIV (King of France at the time).
- The origins of the names of California, Oregon, Idaho, and Rhode Island are unknown, although various theories exist.

Trivia

Names

- "Georgia" can refer to either a U.S. state or to an independent country in the Caucasus.
- The name "New York" can refer to any one of three geographical levels: a state, a city in that state, or a county (coterminous with the borough of Manhattan) in that city.
- "Washington" is a state, a city corresponding to the District of Columbia (and thus not part of any state), and a number of cities and counties in various states. See the list of places named for George Washington.
- The state of Washington is the only state named after a U.S. President (or after a person born within the area now comprising the U.S., for that matter).
- The official name of Rhode Island is "the State of Rhode Island and Providence Plantations."
- Only two states have state capitals named for the state (however, such name-sharing occurs commonly with states and provinces in some other countries, where the state or province actually often takes its name from a capital city): Oklahoma, with capital Oklahoma City, and Indiana, with capital Indianapolis (which means Indiana City). Iowa City, Iowa was the first state capital of Iowa but the capital was later moved to Des Moines, Iowa.
- Maine is the only state with a one-syllable name.

Geography

- Colorado and Wyoming are bounded by two circles of latitude and two meridians each, i.e. they appear to be rectangles in a cylindrical map projection.
- Colorado, Utah, and Wyoming are the only states whose borders are made up of only straight lines (taking meridians and circles of latitude as straight lines) and, thus, the only states whose borders completely ignore natural features.
- Every state—except Hawaii, which has no land boundaries—has straight lines as at least part of its boundaries. These are usually combined with rivers (see river borders of U.S. states), ridge lines and other natural boundaries. Pennsylvania and Delaware are unique in that their common border is an arc of a circle, see The Twelve-Mile Circle.
- The lower peninsula of Michigan is shaped like a mitten; Louisiana is shaped like a boot.
- Alaska, Florida, Idaho, Maryland, Nebraska, Oklahoma, Texas and West Virginia have panhandles.
- Alabama, Missouri, New Mexico and Mississippi have bootheels.
- Alaska and Hawaii are the only states that are not physically connected to other states; Maine is the only state that borders only one other state. Missouri and Tennessee each border eight other states, the most for any state.
- Arizona, New Mexico, Colorado, and Utah are the only four states to share a common border, known as the "Four Corners."
- Appearances given by the stereographic projection to the contrary, Minnesota is the northernmost of the forty-eight contiguous United States, as a northern spur of the state contains a portion of Lake of the Woods. At one time it was thought that Lake of the Woods contained the headwaters of the Mississippi River (now known to be at Lake Itasca).
- Alaska is the northernmost state and the westernmost state. Some would argue that it is also the easternmost state, as the Aleutian island chain crosses the 180º line of longitude.

Grouping of the states in regions

Alaska, The South and The Northeast. Note that Alaska and Hawaii are shown at different scales, and that the Aleutian Islands and the uninhabited Northwestern Hawaiian Islands are omitted from this map.]] States may be grouped in regions; there are endless variations and possible groupings, as most states are not defined by obvious geographic or cultural borders. For further discussion of regions of the U.S., see the list of regions of the United States.

State lists

References

External links

- [http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_SF1_U_GCTPH1R_US9S_geo_id=01000US.html Tables with areas, populations, densities and more (in order of population)]
- [http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_SF1_U_GCTPH1_US9_geo_id=01000US.html Tables with areas, populations, densities and more (alphabetical)]
- [http://www.usnewspapers.org US Newspapers by State]
- [http://www.infoplease.com/ipa/A0854966.html Origin of State Names] United States, States of the Category:Subdivisions of the United States
- U.S. State ja:アメリカ合衆国の地方行政区画 ko:미국의 주 simple:List of U.S. states th:มลรัฐของสหรัฐอเมริกา zh-min-nan:Bí-kok ê hêng-chèng-khu

Classes of U.S. Senators

The three classes of US Senators, each currently including 33 or 34 Senators (since Hawaii became the 50th state in 1959, and until another state is admitted to statehood), are a means used by the US Senate for describing the schedules of Senate seats' elections, and of the expiration of the terms of office of the Senators holding the respective seats. The US Constitution specifies staggered 6-year terms for Senators, and there are special provisions for getting a new state into a situation that makes that pattern continue automatically:
- around the time of the first Federal elections, in 1788, each state appointed its two Senators for, respectively,
- a two-year and a four-year term,
- a four-year and a six-year term, or
- a two-year and a six-year term;
- upon the expiration of a Senator's term of any length, someone starts a new six-year term as Senator (based on appointment in most states, until a Constitutional amendment required direct popular election of Senators);
- when a new state is admitted to the Union, its two Senators have terms that correspond to those of two different classes, among the three classes defined below;
- which two classes is determined by a scheme that keeps the three classes as close to the same size as possible, i.e., that avoids any class differing by more than one from the minimum-sized class. (This means at least one of a new state's first pair of Senators has a term of less than six years, and one term is either two or four years shorter than the other.) (This offers a trivia question about the assignment of Senate seats to s

US Senate

History

Members and elections

Qualifications

Officers

Procedure

Committees

Legislative functions

Checks and balances

Current composition

See also

References

External links

Congress of the United States

History

Composition

Officers

Women, ethnic and racial minorities

Restrictions on office holding

Powers

Checks and balances

Legislative procedure

Term

Joint sessions

Bills and resolutions

Quorum and voting

Privileges

Member groups

See also

References

External links

U.S. state

Legal relationship

List of states

Trivia

Names

Geography

Grouping of the states in regions

State lists

See also

References

External links

Classes of U.S. Senators