U.S. Constitution · Article I, Section 3

The Senate

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The text

  1. Article I, Section 3, Clause 1 · The Senate, clause 1 explained

    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.

  2. Article I, Section 3, Clause 2 · The Senate, 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 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.

  3. Article I, Section 3, Clause 3 · Senate Qualifications Clause

    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.

  4. Article I, Section 3, Clause 4 · The Senate, 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.

  5. Article I, Section 3, Clause 5 · The Senate, clause 5

    The Senate shall chuse 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.

  6. Article I, Section 3, Clause 6 · Impeachment Trial Clause 4 cites

    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.

  7. Article I, Section 3, Clause 7 · Impeachment Judgment Clause

    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.

National Archives transcription (public domain; original spelling and capitalization). archives.gov

In the founders’ words

  • “It is equally unnecessary to dilate on the appointment of senators by the State legislatures. Among the various modes which might have been devised for constituting this branch of the government, that which has been proposed by the convention is probably the most congenial with the public opinion.” James Madison, The Federalist No. 62 (1788-02-27)
  • “It is recommended by the double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems.” James Madison, The Federalist No. 62 (1788-02-27)
  • “because he wished the Senate to consist of the most distinguished characters, distinguished for their rank in life and their weight of property, and bearing as strong a likeness to the British House of Lords as possible; and he thought such characters more likely to be selected by the State Legislatures, than in any other mode.” James Madison, Madison's Notes of Debates in the Federal Convention, June 7, 1787 (1787-06-07)
  • “But still it is of equal importance that they should not be so long in office as to be likely to forget the hand that formed them, or be insensible of their interests.” Brutus (attributed to Robert Yates), Brutus, No. 16 (1788-04-10)
  • “upon just principles of representation, the representative ought to speak the sentiments of his constituents, and ought to vote in the same manner that his constituents would do (as far as he can judge) provided his constituents were acting in person, and had the same knowledge and information with himself; and therefore that the representative ought to be dependant on his constituents, and answerable to them;” Luther Martin, Luther Martin, The Genuine Information, published serially Dec. 1787-Feb. 1788 (on the Senate) (1787-12-28)
  • “The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.” Alexander Hamilton, The Federalist No. 65 (1788-03-07)
  • “Mr. MADISON , objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent.” James Madison, Madison's Notes of Debates in the Federal Convention, September 8, 1787 (1787-09-08)

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Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 3, https://www.valuesforamerica.com/constitution/article-1/section-3

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