Senate Powers & Procedures
Impeachment
Under the Constitution, the House of Representatives has the power to impeach a
government official, in effect serving as prosecutor. The Senate has the sole
power to conduct impeachment trials, essentially serving as jury and judge.
Since 1789 the Senate has tried seventeen federal officials, including two presidents.
Nominations
The Constitution provides that the president "shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers
and Consuls, Judges of the Supreme Court, and all other Officers of the United States...
(Article 2, Section 2)." The Senate has always jealously guarded its power
to review and approve or reject presidential appointees to executive and judicial
branch posts.
Treaties
The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties
made by the executive branch. The Senate has rejected relatively few of the
hundreds of treaties it has considered, although many have died in committee or
been withdrawn by the president. The Senate may also amend a treaty or adopt
changes to a treaty. The president may also enter into executive agreements
with foreign nations that are not subject to Senate approval.
Expulsion and Censure
Article I, Section 5, of the U.S. Constitution provides that each house of Congress
may "... punish its members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member." Since 1789, the Senate has expelled only fifteen
of its entire membership and has censured nine. A censure is a formal statement
of disapproval, but does not remove a senator from office.
Filibuster and Cloture
The Senate has a long history of using the filibuster--a term dating back to the
1850s in the United States--to delay debate or block legislation. Unlimited
debate remained in place in the Senate until 1917, when the Senate adopted Rule
22 that allowed the Senate to end a debate with a two-thirds majority vote--a tactic
known as "cloture." In 1975, the Senate reduced the number of votes required
for cloture from two-thirds (67) to three-fifths (60) of the 100-member Senate.
Senate Investigations
Congress has conducted investigations of malfeasance in the executive branch--and
elsewhere in American society--since 1792. The need for congressional investigation
remains a critical ingredient for restraining government and educating the public.
Contested Senate Elections
The United States Constitution gives each house of Congress the power to be the
judge of the “elections, returns, and qualifications of its own members” (Article
I, Section 5). Since 1789, the Senate has carefully guarded this prerogative,
and has developed its own procedures for judging the qualifications of its members
and settling contested elections.
