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t federal executive agencies ambassadors justices of the supreme court and other federal judges under article ii section 2 of the constitution a large number of government appointments are subject to potential confirmation however congress has passed legislation to authorize the appointment of many officials without the senate s consent usually confirmation requirements are reserved for those officials with the most significant final decision making authority 26 typically a nominee is the first subject to a hearing before a senate committee thereafter the nomination is considered by the full senate the majority of nominees are confirmed however in a small number of cases each year senate committees purposely fail to act on a nomination to block it in addition the president sometimes withdraws nominations when they appear unlikely to be confirmed because of this outright rejections of nominees on the senate floor are infrequent there have been only nine cabinet nominees rejected outright in united states history 27 the powers of the senate concerning nominations are 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 are required for the appointment of certain executive branch officials it is not necessary for their removal 28 29 recess appointments have faced a significant amount of resistance in 1960 the u s senate passed a legally non binding resolution against recess appointments to the supreme court 30 31 treaty ratification the senate also has a role in ratifying treaties the constitution provides that the president may only make treaties provided two thirds of the senators present concur in order to benefit from the senate s advice and consent and give each state an equal vote in the process however not all international agreements are considered treaties under u s domestic law even if they are considered treaties under international law 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 scholars such as laurence tribe and john yoo 32 to suggest that they unconstitutionally circumvent the treaty ratification process however courts have upheld the validity of such agreements 33 impeachment trials 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 presides over the trial during an impeachment trial senators are constitutionally required to sit on oath or affirmation 34 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 no further punishment is permitted during the impeachment proceedings however the party may face criminal penalties in a normal court of law 35 the house of representatives has impeached sixteen officials of whom seven were convicted one resigned before the senate could complete the trial 36 only three presidents have been impeached andrew johnson in 1868 bill clinton in 1998 and donald trump in 2019 and 2021 the trials of johnson clinton and both trump trials ended in acquittal 37 38 39 in johnson s case the senate fell one vote short of the two thirds majority required for conviction 40 election of the vice president 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 rare the senate has only broken a deadlock once in 1837 it elected richard mentor johnson 41 membership see also list of current united states senators members of the united states senate by class from the staggered term system for the 119th united states congress qualifications this article is part of a series on the united states senate great seal of the united states senate history of the united states senate members current members by seniority by class former members hill committees dscc nrsc women in the senate president of the senate list president pro tempore list presiding officer party leaders party leadership of the united states senate democratic caucus republican conference politics and procedure advice and consent blue slip closed session list cloture committees list executive session morning business filibuster journal nuclear option recess appointment quorum quorum call salaries saxbe fix seal holds senatorial courtesy standing rules traditions unanimous consent vice presidential tie breaking votes places united states capitol senate chamber old senate chamber senate reception room senate office buildings dirksen hart russell v t e article i section 3 of the constitution sets three qualifications for senators 1 they must be at least 30 years old 2 they must have been citizens of the united states for at least nine years and 3 they must be inhabitants of the states they seek to represent at the time of their election 3 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 a senator must be thirty years of age at least as a representative must be twenty five and the former must have been a citizen nine years as seven years are required for the latter the propriety of these distinctions is explained by the nature of the senatorial trust which requiring greater extent of information and stability of character requires at the same time that the senator should have reached a period of life most likely to supply these advantages and which participating immediately in transactions with foreign nations ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education the term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens whose merits and talents may claim a share in the public confidence and an indiscriminate and hasty admission of them which might create a channel for foreign influence on the national councils 42 the senate not the judiciary is the sole judge of a senator s qualifications during its early years the senate did not closely scrutinize the qualifications of its members as a result four senators who failed to meet the age requirement were admitted to the senate henry clay aged 29 in 1806 john jordan crittenden aged 29 in 1817 armistead thomson mason aged 28 in 1816 and john eaton aged 28 in 1818 such an occurrence has not been repeated since 43 in 1934 rush d holt sr was elected to the senate at the age of 29 he waited until he turned 30 on the next june 19 to take the oath of office on november 7 1972 joe biden was elected to the senate at the age of 29 which was only 13 days prior to his 30th birthday on november 20 1972 therefore he reached his 30th birthday before the swearing in ceremony for incoming senators in january 1973 44 the fourteenth amendment to the united states constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the constitution but who later engaged in rebellion or aided the enemies of the united states this provision which came into force soon after the end of the civil war was intended to prevent those who had sided with the confederacy from serving that amendment also provides a method to remove that disqualification a two thirds vote of both chambers of congress 45 elections and term originally senators were selected by the state legislatures not by popular elections by the early years of the 20th century the legislatures of as many as 29 states had provided for popular election of senators by referendums 17 in 1913 popular election to the senate was standardized nationally by the ratification of the seventeenth amendment 46 elections further information list of united states senate elections elections to the senate are held on the first tuesday after the first monday in november in even numbered years election day and occur simultaneously with elections for the house of representatives 47 senators are elected by their state as a whole the elections clause of the united states constitution grants each state and congress if it so desires to implement a uniform law the power to legislate a method by which senators are elected ballot access rules for independent and minor party candidates vary from state to state citation needed in 45 states a primary election is held first for the republican and democratic parties and a select few third parties depending on the state with the general election following a few months later in most of these states the nominee may receive only a plurality in some states a runoff is required if no majority was achieved in the general election the winner is the candidate who receives a plurality of the popular vote citation needed in five states different methods are used in georgia a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority in the states of california and washington a nonpartisan blanket primary also known as a jungle primary or top two primary is held in which all candidates participate in a single primary regardless of party affiliation the top two candidates in terms of votes received at the primary election advance to the general election where the winner is the candidate with the greater number of votes in maine and alaska ranked choice voting is used to nominate and elect candidates for federal offices including the senate 48 vacancies the seventeenth amendment requires that vacancies in the senate be filled by special election whenever a senator must be appointed or elected the secretary of the senate mails one of three forms to the state s governor to inform them of the proper wording to certify the appointment of a new senator 49 if a special election for one seat happens to coincide with a general election for the state s other seat each seat is contested separately a senator elected in a special election takes office as soon as possible after the election and serves until the original six year term expires i e not for a full term the seventeenth amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place 50 the manner by which the seventeenth amendment is enacted varies among the states a 2018 report breaks this down into the following three broad categories specific procedures vary among the states 51 four states north dakota oregon rhode island and wisconsin do not empower their governors to make temporary appointments relying exclusively on the required special election provision in the seventeenth amendment 51 7 8 eight states alaska connecticut louisiana massachusetts mississippi texas vermont and washington provide for gubernatorial appointments and require a special election on an accelerated schedule 51 10 11 the remaining thirty eight states provide for gubernatorial appointments with the appointed senator serving the balance of the term or until the next statewide general election 51 8 9 in ten states within the final category above arizona hawaii kentucky 52 maryland montana north carolina oklahoma utah west virginia and wyoming the governor must appoint someone of the same political party as the previous incumbent 51 9 53 in september 2009 massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator edward kennedy until the special election in january 2010 54 55 in 2004 alaska enacted legislation and a separate ballot referendum that took effect on the same day but that conflicted with each other the effect of the ballot approved law is to withhold from the governor authority to appoint a senator 56 because the 17th amendment vests the power to grant that authority to the legislature not the people or the state generally it is unclear whether the ballot measure supplants the legislature s statute granting that authority 56 as a result it is uncertain whether an alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy citation needed in may 2021 oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even numbered year only after the appointee has taken an oath not to run in either a regular or special senate election 53 term senators serve terms of six years each the terms are staggered so that approximately one third of the seats are up for election every two years this was achieved by dividing the senators of the 1st congress into thirds called classes where the terms of one third expired after two years the terms of another third expired after four and the terms of the last third expired after six years this arrangement was also followed after the admission of new states into the union the staggering of terms has been arranged so both seats from a given state are not contested in the same general election except when a vacancy is being filled class ii comprises senators whose six year terms are set to expire on january 3 2027 there is no constitutional limit to the number of terms a senator may serve citation needed the constitution set the date for congress to convene article 1 section 4 clause 2 originally set that date for the third day of december the twentieth amendment changed the opening date for sessions to noon on the third day of january unless they shall by law appoint a different day the twentieth amendment also states that the congress shall assemble at least once every year and allows the congress to determine its convening and adjournment dates and other dates ...
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