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Article I, Section 3

Clause 1

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 who serve six-year terms and have one vote each. Originally, they were chosen by the State Legislatures. This was changed by the 17th Amendment which provided for a popular election.

Clause 2

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 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.

To make the Senate a 'continuing body,' the seats in the Senate are divided into three groups. Every two years, one-third of the Senate's seats are up for election. Originally, if a vacancy occured when the State's legislature was in recess, the governor could temporarily appoint someone until a replacement could be elected at the next meeting of the legislature. Similarly, this was changed by the 17th Amendment which now states that a vacancy is to be filled by a special election. A temporary appointment may be made until this election takes place.

Clause 3

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.

To be a member of the Senate, one must be at least thirty years old, have been a United States Citizen for at least nine years, and reside in the State in which he or she represents.

Clause 4

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 presides over the Senate but does not vote unless there is a tie.

Clause 5

The Senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States.

The Senate chooses their other officers, including a President pro tempore, who, in the absence of the Vice President, presides over the Senate.

Clause 6

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 Senate tries those who the House of Representatives has impeached. The Vice President presides over the trial, unless the President is on trial in which case the Chief Justice presides. A two-thirds vote of the members present is required to convict anyone on trial.

Clause 7

Judgment in the 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 only punishment a convicted official can receive in an impeachment case is removal from his or her office and disqualification from holding any other federal position. However, that person may still be tried for the same offense by a regualr court of law.

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© Copyright 1997 Jonathan Chin & Alan Stern