Let’s Read the Thing Together, Part 5 of 21

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Section 3

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.

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.

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.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

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.

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.

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.

I’m not your lawyer. This is not legal advice.

Now to see how the the other half (of Congress) lives! It is not unheard-of for people to call the House of Representatives the “people’s house” and the Senate the “State house.” The reason is pretty simple. As originally drafted, the people elected Representatives and the State Legislatures chose Senators. Surprising nobody who has voted recently, there’ll be an amendment here to watch for as well. 

Choose here is important, as it is a very broad term. It could mean appointment, it could involve a confirmation process like advice-and-consent. It could just be a random drawing out of a hat of the first five people who signed up on a list in the cafeteria. The States had lots of leeway, as long as the person was untrustworthy (due to an age higher than 30, see? Don’t trust anybody over … you get it.) and had been a citizen for nine years and an inhabitant of the state for one. 

That second paragraph more-or-less says, Senators serve six-year terms. One third of Senators are up for election every two years. Also, fill vacancies. You shouldn’t pay a whole lot of attention to the method specified here, at least for civics purposes, because it has also changed.

The Vice President, to whom we’ll get in the next article, serves as the “President of the Senate.” That may seem confusing, because, why does a Senate have a president? I think it’s a remnant from the Articles of Confederation days, when the President of the Senate was the only President they could stomach, back in the post-regency hangover days. It may be just that they liked giving the VP a little treat, “You don’t get to be The President, but you’re president of something, and that counts. Good job!” Like, a participation trophy. 

Anyway, the Senators also get to name officers and they get to try all impeachments. When the House draws up an accusation, the Senate sits in judgment. When the President is impeached, the Chief Justice acts as referee. That’s that balance-of-power idea cropping up again. 

That last paragraph says that an impeached and removed officer-of-the-government is not a convicted officer-of-the-government. Removal from office is the only penalty for an impeachment, but the person may be sued or tried for crimes in a regular-type court of law in addition and as allowed by law. Next time: we get brave and double up on sections.