This is the 3rd article in the series on the United States Constitution. the last article described the US House of Representatives. The second house of legislature will be discussed in this article. Once again I will break this section down by paragraph due to it’s length. the original test of the constitution will appear in quotes.

Article 1 Section 3 The Senate

“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.”

As in a previous case, the phrase in brackets was changed by an amendment. In this case it was changed by the 17th amendment in the year 1913. The 17th amendment would give the power to chose Senators to the electorate. Prior to 1913 the Senators were appointed by the state Legislature instead of being voted in by their constituents.

This paragraph establishes equal treatment for every state in the senate. Each state has 2 senators and each senator has one vote. This was a compromise between two philosophies. One view held that the people should have equal representation based upon population. This resulted in the House of Representatives which has 1 member for every 30,000 citizens. the other view said that we are a Representative Republic and the States should have equal power. this view is represented by 2 senators per state. The reason for the later view was to prevent larger states like Pennsylvania with 8 representatives from ruling over others like Delaware with one representative. Without this check on power the states with large populations would rule the country with small states having no effective say.

Elections were to be held every two years to elect Congressmen. Senators were given a six year term in office.

“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.]”

The system of electing representatives every 2 years was established by the 2 year term of the House members. In order to ensure the regular turnover of representatives our founders ensured that a portion of the senate would change during each of these elections. To that end the senate was broken into 3 classes with one class being up for election during each 2nd year election for the House. The portion of this paragraph in Brackets was changed by the 17th amendment in 1913 as the power to appoint Senators was taken from the state legislators and given to the voters.

“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.”

Like the President and the Members of the House there are qualifications that must be met for someone to be a senator. Senators must be 30 years of age or older. They must live in the state they represent and they must have been a citizen, naturalized or natural born for at least 9 years before taking the office.

“The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.”

The Vice President has the duty of President of the Senate. Like the Speaker of the House he acts as chairmen for the purpose of regulating debate and he also has the power to break tie votes. So long as the Senators have a majority vote one way or the other the Vice President has no vote. It is not true, as was recently asserted by a senator, that the Vice President is not a part of the senate and plays no role outside of tie breaking. The constitution gives him specific jobs in the senate.

“The Senate shall chose 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.”

While the Senate does not chose it’s own president it does chose it’s other officers just like the Congress. It may also chose a temporary replacement President when the Vice President is busy elsewhere. The President pro tempore is automatically replaced by the President of the Senate (US Vice President) when he returns.

“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.”

The Congress is given the power to investigate, pursue and prosecute impeachments but it is the job of the senate to act as the trial court for these impeachments. This can proceed with the Vice President presiding unless the President is the one being impeached. Only when the President is impeached is the Chief Justice of the Supreme Court Required to preside. The president is not the only person who may be impeached. The vice president and all civil officers (e.g. anyone appointed to office by the executive branch) may be impeached. While the concept of impeachment is often seen as a constitutional crises the founding fathers ensured that it would not be. They knew quite well that even the best men are still men. They are capable of mistakes and subject to temptation. Our founders provided a path by which the officers of our government could be effectively removed for cause without disrupting the working of government.

“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.”

The Senate acts as the court of impeachment but is not a criminal court. A person tried in a court of impeachment can only be removed from office and or barred from holding another office. The impeached individual is still liable to the criminal court and can be brought to answer for the underlying crime after impeachment.

Most government officials and elected officials are immune from some or all forms of prosecution while in office so as to prevent anyone from using criminal or civil prosecution to keep a representative from his post. without this protection any frivolous charge could be used to undermine the representation of the people and interfere with governance. Impeachment can remove that restriction by removing the person from office so that they may face charges in court. So long as the statute of limitations has not run out at the end of the officers term he may face those charges upon leaving office even if the person was found not guilty for the purpose of impeachment. Double jeopardy does not apply because the person being impeached is not in jeopardy of life limb liberty or property. Impeachment applies only to the ability of the individual to hold office.