The United States Senate, often referred to as the upper chamber of Congress, plays a vital role in the American system of government. Established by the framers of the Constitution, its functions are distinct yet complementary to those of the House of Representatives, ensuring a balanced and deliberative legislative process. Understanding “What Does The Senate Do” is crucial to grasping the intricacies of American governance. This article delves into the core responsibilities and powers of the Senate, explaining its unique position and impact on the nation.
The Senate was intentionally designed to be different from the House. The Founding Fathers envisioned it as a body that would protect the interests of individual states and safeguard minority opinions. This was in contrast to the House, which was designed to represent the population more directly. This foundational principle continues to shape the Senate’s operations and responsibilities today.
The Senate’s duties can be broadly categorized into several key areas, each with significant implications for the functioning of the U.S. government. These include:
Impeachment Trials: The Senate as Jury
One of the most significant and constitutionally mandated roles of the Senate is to act as the court for impeachment trials. As outlined in Article I, section 3 of the U.S. Constitution, “The Senate shall have the sole Power to try all Impeachments.” This means when a high federal official, including the President, Vice President, or federal judges, is impeached by the House of Representatives, it is the Senate’s responsibility to conduct the trial and determine whether to convict and remove them from office.
The impeachment process begins in the House, which acts as the prosecutor, investigating and voting on articles of impeachment. If the House approves articles of impeachment, these are then sent to the Senate, forming a formal indictment. In the Senate trial that follows, Senators serve as jurors.
The process differs depending on who is being impeached. For officials below the level of President, the Vice President of the United States presides over the Senate impeachment trial. However, if the President is the one being impeached, the Chief Justice of the Supreme Court takes on the role of presiding officer, ensuring impartiality and the gravity of the proceedings.
A conviction in an impeachment trial requires a supermajority vote – two-thirds of the Senators present must vote to convict. If this threshold is met, the impeached official is removed from office. It’s important to note that impeachment and conviction only result in removal from office. The convicted individual may also be subject to regular legal penalties in separate court proceedings. The Senate’s impeachment power serves as a critical check on potential abuses of power by high-ranking officials, ensuring accountability within the federal government.
Advice and Consent: Shaping the Executive and Judicial Branches
Beyond impeachment, the Senate holds significant power through its “advice and consent” role, particularly concerning presidential appointments and treaties. Article II, section 2 of the Constitution grants the President the power to make treaties and appoint key officials, but only “by and with the Advice and Consent of the Senate.” This power is a cornerstone of the checks and balances system, ensuring that the President does not act unilaterally in these critical areas.
Presidential Appointments: The President’s power to appoint individuals to key positions in the executive and judicial branches is significantly tempered by the Senate’s advice and consent role. This includes a wide array of positions:
- Ambassadors: Representing the U.S. to foreign nations.
- Public Ministers and Consuls: Diplomatic roles managing international relations.
- Supreme Court Justices: The highest judicial officers in the nation.
- Cabinet Secretaries: Heads of the executive departments (e.g., Secretary of State, Secretary of Defense).
- Heads of Agencies: Leaders of various federal agencies.
This power of confirmation allows the Senate to scrutinize the President’s nominees, ensuring they are qualified and suitable for the positions they are to hold. Senate committees hold confirmation hearings where nominees are questioned about their backgrounds, qualifications, and policy views. This process is often rigorous and can be highly politicized, especially for high-profile appointments like Supreme Court Justices. The rationale behind giving this power to the Senate stems from the idea that Senators, representing entire states, would be best positioned to evaluate the suitability of candidates for national office. It was a compromise during the Constitutional Convention, balancing the desire for presidential authority with the need for senatorial oversight.
Treaties: The Senate’s advice and consent power also extends to international treaties. The President can negotiate treaties with foreign nations, but these treaties are not binding unless and until the Senate gives its consent, requiring a two-thirds majority vote. This ensures that treaties reflect the broader will of the states and the nation, not just the executive branch’s agenda.
Historically, the requirement for Senate approval of treaties arose from the inefficiencies of the Articles of Confederation. Under the Articles, treaty-making was cumbersome, requiring the consent of nine out of thirteen states. The Constitution streamlined this process by vesting treaty-making power in the President, but with the crucial check of Senate consent. This system aims to balance executive flexibility in foreign policy with the need for national consensus and long-term stability in international agreements.
Leadership in the Senate: Guiding the Legislative Process
While the Senate is designed to be more deliberative and less hierarchical than the House, leadership roles are still essential for its effective functioning. These leadership positions, some constitutionally defined and others developed over time, shape the Senate’s daily operations and legislative agenda.
Vice President: The Vice President of the United States serves as the President of the Senate, a role established by the Constitution. This is largely an ex-officio position. The Vice President’s primary constitutional duty within the Senate is to preside over sessions. However, the Vice President’s power is limited; they can only vote in the Senate to break a tie and cannot formally address the Senate or participate in debates without the explicit permission of the Senators themselves. The reason for this unique arrangement is rooted in the desire to have a presiding officer who is not a member of the Senate itself, ensuring impartiality and the ability to break deadlocks.
Historically, presiding over the Senate was a Vice President’s main function. Figures like John Adams and Richard Nixon largely focused on their Senate duties. However, starting with Lyndon B. Johnson, the Vice Presidency evolved to become more involved in executive functions, with Vice Presidents now typically engaging in Senate proceedings only when their tie-breaking vote or ruling is necessary.
President Pro Tempore: In the Vice President’s absence, the President Pro Tempore presides over the Senate. The President Pro Tempore is a Senator elected by their colleagues to serve in this role. It is largely an honorary position, usually held by the senior-most member of the majority party. Importantly, the President Pro Tempore is third in the line of presidential succession, after the Vice President and the Speaker of the House, highlighting the symbolic significance of this Senate leadership position.
Majority and Minority Leaders: Perhaps the most influential leadership positions in the modern Senate are the Majority Leader and the Minority Leader. These roles are not explicitly mentioned in the Constitution but evolved organically in the 20th century as political parties became more central to the legislative process.
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Senate Majority Leader: This position is held by a Senator from the party that holds the majority of seats (more than 50) in the Senate. Elected by their party caucus, the Majority Leader acts as the chief spokesperson for their party’s positions on policy issues and is often seen as the voice of the Senate as a whole. The Majority Leader wields significant influence over the Senate agenda, possessing the “right of first recognition,” meaning they are recognized to speak before any other Senator on legislative matters. They are also responsible for working with committee chairs and ranking members to schedule the daily legislative agenda on the Senate floor.
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Senate Minority Leader: The Minority Leader is elected by the minority party caucus and represents their party on the Senate floor. While they do not have the agenda-setting power of the Majority Leader, the Minority Leader plays a crucial role in negotiations, debate, and shaping legislation. The Majority and Minority Leaders are expected to consult with each other to establish rules for floor debate and to ensure that debate time is fairly divided between the parties.
These leadership roles, while not always wielding formal power, are critical for navigating the Senate’s complex procedures and facilitating legislative action.
The Role of Committees: Specialization and Expertise
Like the House of Representatives, the Senate relies heavily on a committee system to manage its workload and develop expertise in specific policy areas. Senate committees are smaller groups of Senators that focus on particular subjects, allowing for in-depth study and consideration of legislation. Committee membership allows Senators to specialize and become knowledgeable about specific areas of governmental policy.
The primary functions of Senate committees include:
- Monitoring government operations: Overseeing the executive branch and federal agencies within their jurisdiction.
- Identifying issues for legislative review: Pinpointing areas where new laws or changes to existing laws may be needed.
- Gathering and evaluating information: Conducting hearings, investigations, and research to understand issues and potential solutions.
- Recommending courses of action to the full Senate: Drafting legislation, writing reports, and making recommendations to the entire Senate body.
Senate committees are formed at the beginning of each new Congress, with party conferences determining committee assignments based on the proportion of seats each party holds in the Senate. There are three main types of Senate committees:
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Standing Committees: These are permanent committees with clearly defined responsibilities and jurisdictions that persist from one Congress to the next. There are currently 16 standing committees in the Senate, covering areas like Appropriations, Armed Services, Finance, Foreign Relations, and Judiciary.
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Special or Select Committees: These are temporary committees created for a specific purpose and often for a limited time. They typically investigate particular issues or conduct studies and often expire after issuing a final report. Currently, there are 4 special or select committees in the Senate, such as the Select Committee on Intelligence and the Special Committee on Aging.
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Joint Committees: These committees include members from both the Senate and the House of Representatives. Joint committees usually handle administrative or housekeeping functions or conduct studies that are relevant to both chambers. There are 4 joint committees, including the Joint Committee on Printing and the Joint Economic Committee.
It’s worth noting that while House and Senate committees often deal with similar policy areas, they sometimes have different names. For example, the House Ways and Means Committee and the Senate Finance Committee cover related tax and revenue matters. Similarly, the House Foreign Affairs Committee and the Senate Foreign Relations Committee both address international relations.
Senate committee assignments are sought after, with some committees considered more prestigious or powerful than others. “A” committees, generally the most influential, include Appropriations, Finance, Armed Services, and Foreign Relations. There are rules limiting committee assignments to ensure equitable distribution among Senators, particularly those from the same state and party.
Legislation in the Senate: From Bills to Laws
A core function of the Senate is to legislate – to consider, debate, and vote on bills that, if passed by both the Senate and the House and signed by the President, become law. Each two-year congressional session sees thousands of bills and resolutions introduced in the Senate.
Committee Process: The legislative journey in the Senate often begins in a committee. When a bill is introduced in the Senate, it is typically referred to a relevant standing committee by the Senate Parliamentarian, who interprets Senate rules and precedents. The committee then studies the bill, a process that often involves holding hearings. Hearings provide a forum for gathering information and perspectives from various stakeholders, including members of Congress, government officials, experts, interest groups, and the public.
Following hearings, the committee may “mark-up” the bill. This involves committee members debating the bill, proposing amendments, and ultimately voting on whether to approve it. If a majority of the committee votes in favor, the bill is “reported out” of committee and is then eligible for consideration by the full Senate.
Floor Debate: Senate floor debate is a distinctive feature of the legislative process, particularly when contrasted with the House. Unlike the House, the Senate operates with fewer formal rules limiting debate. There is no equivalent to the House Rules Committee in the Senate, reflecting the Senate’s intended role as a more open and deliberative body. Senators have the right to offer amendments, even those unrelated to the original bill, and to engage in lengthy debate. This tradition of unlimited debate is a defining characteristic of the Senate.
However, this openness can also make it challenging to pass legislation in the Senate. Even if a majority of Senators support a bill, a determined minority, or even a single Senator, can use procedural tactics to delay or block a vote.
To manage the potential for gridlock, the Senate often relies on unanimous consent agreements. These are negotiated agreements among Senators that set parameters for debate time, amendment procedures, and voting schedules for specific bills. For non-controversial bills, a streamlined process called “hotlining” may be used, where the Majority and Minority Leaders agree to pass the bill by unanimous consent without a roll-call vote.
Motion to Proceed: Before the Senate can begin debating a bill on the floor, it must first agree to consider it. This is done through a motion to proceed. In modern practice, a motion to proceed often requires 60 votes to pass, reflecting the influence of the filibuster threshold. The Majority Leader typically seeks unanimous consent to bring a bill to the floor. However, if any Senator objects, a motion to proceed and a subsequent vote are necessary. Senators may object to proceeding to a bill for various reasons, including opposition to the bill itself or as leverage to influence other legislative matters. Senators can also place a “hold” on a bill, signaling to their party leaders their objection to bringing the bill to the floor without further consultation or concessions.
Filibuster and Cloture: The filibuster is a procedural tactic unique to the Senate that allows a minority of Senators to delay or block a vote on a bill or other matter by extending debate indefinitely. The idea behind the filibuster was rooted in the principle of unlimited debate, allowing any Senator to speak for as long as they deemed necessary. Historically, ending a filibuster relied on the voluntary action of the filibustering Senators themselves.
Over time, the Senate developed a mechanism to limit debate: cloture. Originally adopted in 1917 as Rule 22, cloture allows the Senate to end debate and force a vote. Initially, cloture required a two-thirds majority. Since 1975, the cloture threshold has been lowered to three-fifths of the Senate, or 60 votes. Once cloture is invoked, debate is limited to a maximum of 30 additional hours, after which a vote must occur. Importantly, certain matters, such as nominations for executive branch positions and federal judgeships, are exempt from the 60-vote cloture rule and only require a simple majority to end debate.
The filibuster remains a contentious issue. Proponents argue it is essential for protecting minority rights and ensuring thorough deliberation. Critics contend that it is overused, leading to gridlock and preventing the Senate from effectively addressing pressing national issues.
Conference Committee: Occasionally, the House and Senate pass versions of the same bill with different language. To reconcile these differences, a conference committee may be formed. A conference committee is a temporary committee composed of members from both the House and Senate. These members, known as conferees, work to negotiate a compromise version of the bill that can be acceptable to both chambers. Once a compromise is reached, the conference committee produces a conference report, which must then be approved by both the full House and the full Senate. If both chambers approve the conference report, the bill is then sent to the President for signature or veto.
Presidential Action: After a bill passes both the House and Senate, it is presented to the President. The President has several options:
- Sign the bill into law: If the President approves of the bill, they sign it, and it becomes law.
- Veto the bill: If the President opposes the bill, they can veto it, sending it back to Congress with their objections.
- Do nothing: If the President neither signs nor vetoes a bill within ten days (excluding Sundays) while Congress is in session, the bill automatically becomes law as if signed. However, if Congress adjourns during that ten-day period, and the President does not sign the bill, it does not become law. This is known as a “pocket veto.”
Even if the President vetoes a bill, Congress has the power to override the veto. This requires a two-thirds vote in both the House and the Senate. If both chambers achieve this supermajority, the bill becomes law despite the President’s veto, again demonstrating the system of checks and balances in action.
Conclusion: The Senate’s Enduring Role
“What does the senate do?” The answer is multifaceted and vital to the functioning of the U.S. government. From its role as a check on presidential power through advice and consent and impeachment trials, to its legislative function and unique procedural rules, the Senate holds a distinct and powerful place in the American political system. It is designed to be a deliberative body, protecting states’ rights and minority opinions, ensuring that legislation and governmental actions are carefully considered and broadly supported. Understanding the Senate’s roles and responsibilities is essential for any citizen seeking to comprehend the complexities of American democracy.
