United States Senate: role, structure, history, and powers

The Senate meets in the north wing of the Capitol in Washington, D.C. On a podium at the front of the chamber is the Senate President's seat. Slightly below him in front, but also still on the dais, sit clerks and other Senate staffers. In front of them are two lecterns from which the senators speak to the plenary. In the chamber, facing the Senate president and the lecterns, are 100 desks in several rows in a semicircle, separated by a central aisle. In keeping with tradition, Democrats sit on the right side of the chamber - facing the Speaker - and Republicans on the left. Desks are assigned according to the principle of anciennity, meaning that senior senators get to pick their seats first. However, caucus leaders have a front-row seat in any case.

The interior furnishings have remained unchanged for a long time: After the furniture was destroyed in the British-American War of 1812, most of the desks that exist today were purchased in 1819. Only for the senators of newly admitted states did the Senate purchase new desks of identical design in each case. All desks were fitted with an extension in the 19th century to provide more working space. The only exception is the Daniel Webster Desk: Webster refused the extension, saying his predecessor didn't need it either. Because all his successors at this desk did the same, this desk is the only one still preserved in its 1819 condition. Since 1974, this desk has belonged to the senior Senator from Webster's native state of New Hampshire. In the last row of Republicans, near the main entrance, is the Candy Desk, from which the incumbent Senator distributes candy.

The gavel used by the President to preside over the sessions dates from 1954 and is a gift from India. It is only the second gavel of the Senate, its predecessor was in use from 1834 to 1954, until it splintered due to wear.

Since the 20th century, Senators have owned offices in additional office buildings to relieve pressure on the Capitol Building. These are the Russell Senate Office Building (opened 1908), Dirksen Senate Office Building (opened 1958), and the Hart Senate Office Building (opened 1982, the largest of the three office buildings).

Elections

The Senate, unlike the House of Representatives, is designed to represent the individual states at the federal level.

Since the 17th Amendment to the Constitution of 1913, senators - just like members of the House of Representatives - are directly elected, although the exact provisions vary from state to state. Senators serve six-year terms. Every two years, one third of the Senate is newly elected to ensure the greatest possible continuity. After each joint term, senators are divided into three "classes" (Article 1, Section 3, Clause 2 of the Constitution), with Class 2 being the last group up for re-election in 2020. A state's two senators are never re-elected at the same time in this process. This results in shortened terms when new states are admitted to the United States, as at least the first term of one of the new state's two senators lasts less than six years to allow for different election dates.

The elections for the Senate take place every two years on Election Day, the Tuesday following the first Monday in November in even-numbered years. At the same time, the elections for the entire House of Representatives and - in a four-year cycle - the presidential elections also take place on this day. The constituency in each Senate election is the entire state. In most states, an electoral system applies in which the candidate with the most votes wins (relative majority). Only in Louisiana and Georgia does a senator need an absolute majority, which is why run-off elections can occur.

According to the original text of the United States Constitution, senators were elected by state legislatures, which was intended to manifest the partial sovereignty of the states. Alongside this, there was a widespread notion that the Senate should be the more stable chamber of the bipartite parliament, less exposed to the fluctuations of the political mood. In the meantime, however, the often narrow majorities in the Senate change much more frequently than in the House of Representatives. This is due to the fact that in the elections to the Senate each state forms only one constituency and consequently - unlike in the elections to the House of Representatives, which are held in 435 single-member constituencies - no gerrymandering is possible.

Since the late 19th century, Democrats and Republicans have each held primaries before elections in which they agree on one candidate so that several of their own candidates do not take votes away from each other. The rules for whether and how candidates and members of other parties can participate in the primaries vary from state to state.

Since election campaigns, unlike in Germany, are hardly financed by the parties, the assets of the candidate and the donations raised by him play a major role; the average cost of an election campaign in 2012 was $10.5 million.

Right to vote and stand for election

The right to stand for election - that is, the right to be elected Senator - is held by anyone who is at least 30 years of age and has been a citizen of the United States for at least 9 years, according to Article 1, Section 3, Clause 3 of the Constitution. A candidate can only run for election in the state of his or her primary residence. After the War of Secession, Congress passed the 14th Amendment to the Constitution, which, among other things, made officeholders who had collaborated with opponents of the United States despite taking an oath to uphold the Constitution ineligible. The amendment was intended to prevent Confederate partisans from becoming senators. The Senate alone decides whether future senators meet the criteria.

Every citizen of the United States who is 18 years of age or older and whose principal residence is in one of the 50 states is eligible to vote. Washington, D.C., Puerto Rico, and other dependent territories such as the outer territories of the United States are not represented in the Senate, so their residents are not eligible to vote.

Senators

Senators have the right to use the title "The Honorable" before their name. Within the Senate, the senior of the two senators from a state is considered the "Senior Senator", the other is called the "Junior Senator". The distinction has practical implications in day-to-day work alone, as many proceedings follow the seniority principle.

In general, the Senate mandate is considered more prestigious - relative to a seat in the House of Representatives: there are fewer members but more staff, and except for a few very low-population states, a senator represents many more constituents than a member of the House of Representatives. Far more U.S. presidents and presidential candidates have been senators than have been members of the House of Representatives (see overall list of members of the United States Senate).

The income of senators has been $174,000 (just under 160,000 euros) per head per year since 2009, while the Senate president and caucus leaders receive higher salaries.

In the 116th United States Congress, 25 out of 100 Senate seats were occupied by women senators. This was the highest proportion of women ever, after 23 women in the last legislature. Each state is represented in the Senate by two people. California, Washington, Nevada, Arizona, Minnesota and New Hampshire were each represented by two female senators. 13 other states were each represented by one female and one male. Thus, 31 states were each represented by two male senators. Men of European descent have always been far more numerous in the Senate than in the overall U.S. population, with 89 of the 100 being white, 4 Hispanic, 3 African-American, 3 Asian-American, and one being of multi-ethnic descent. Two senators identify as LGBTQ+.

Loss of mandate

A senator holds his or her seat until it regularly expires, he or she resigns, or dies. However, the Senate also has the ability to expel members by a two-thirds majority vote. This has happened 15 times in Senate history so far. The first case involved Senator William Blount, who was expelled from the Senate for treason on July 7, 1797. In the 14 other cases, Senators who had supported the Confederates in the War of Secession were expelled from the Senate in 1861 and 1862. In addition, there were various cases in which a senator resigned to forestall his expulsion. The most recent case was Senator Bob Packwood, who escaped expulsion proceedings by resigning in 1995 over allegations of sexual harassment. In addition, the Senate can officially censure members (it did so, for example, with Republican Senator Joseph McCarthy in 1954). This can be done by a simple majority vote, but has no further formal implications for the senator.

Succession in the event of early termination of the mandate

Under the 17th Amendment to the United States Constitution, if a U.S. Senator's office becomes vacant prematurely, for example, due to death or resignation, a successor is elected for the remainder of his or her continuing term (i.e., not for a full six years), and the state legislature may authorize the governor to appoint a transitional senator until the election. The details of this process vary among the states.

In most states, the by-election is combined with the next (biennial) congressional election and does not take place at all for a senator who has left in the last third of his or her term. In other states, such as Alabama, a special election is called. Oregon and Wisconsin have not authorized their governors to appoint replacement senators and are accordingly holding the election expeditiously. Oklahoma generally does the same, but there the replacement election is waived if there were less than about 10 months left of the term of the retiring senator (more precisely, if the seat becomes vacant after March 1 and would end on January 3 of the following year). In that case, Oklahoma's governor is required to appoint the successor elected in early November to serve as a replacement senator for the remainder of his predecessor's term as well. Some of the states that require their governor to appoint a replacement senator give him guidance about the appointable candidates. In Alaska, Arizona, and Hawaii, the replacement senator must belong to the party of the outgoing senator. In Utah and Wyoming, the governor chooses from among three nominees of the state central committee (in American without the communist connotation of the literal translation central committee) of the party of the outgoing senator.

Seven times so far, governors have appointed - without being legally bound to do so - the widow of the just-deceased senator until a successor is elected, most recently Jean Carnahan (Missouri, 2001). Another widow, Maurine Brown Neuberger, won her late husband's Senate seat in the 1960 by-election without being appointed his interim successor.