Tuesday, March 19, 2013
According to the convention of Senate seniority
According to the convention of Senate seniority, the senator with the longer tenure in each state is known as the "senior senator"; the other is the "junior senator". Sony VAIO PCG-5P1M Battery
This convention does not have official significance, though it is a factor in the selection of physical offices.[35] In the 113th Congress, the most-senior "junior senator" is Tom Harkin of Iowa, who was sworn in on January 3, 1985 and is currently 7th in seniority, behind Chuck Grassley who was sworn in on January 3, 1981 and is currently 6th in seniority. Sony PCG-31211T Battery
With the resignation of John Kerry, the most-junior "senior senator" is Elizabeth Warren of Massachusetts, who was sworn in on January 3, 2013 , and is currently 97th in seniority, ahead of senator William Cowan who is 100th in seniority.
The Senate may expel a senator by a two-thirds vote. Fifteen senators have been expelled in the history of the Senate: Sony PCG-31311T Battery
William Blount, for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession. Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. Sony PCG-51111T Battery
The Senate has also censured and condemned senators; censure requires only a simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. Sony PCG-81111T Battery
The "Majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party is the majority party. The next-largest party is known as the minority party. Sony PCG-81311T Battery
The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus with or support either of the larger parties) are not considered in determining which is the majority party. Sony VPCF138FC Battery
The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless which party has a majority of seats.[36] In this respect, the Senate differs from the House of Commons of the United Kingdom and other parliamentary bodies in the Commonwealth of Nations and elsewhere. Sony VPCF219FC Battery
The Vice President of the United States presides over the Senate,[1] but the party leaders have the real power and they control procedure. Many non-member officers are also hired to run the day-to-day functions of the Senate.
The Vice President of the United States is the ex officio President of the Senate, Sony VPCS135EC Battery
with authority to preside over the Senate's sessions, although he can vote only to break a tie.[1] For decades the task of presiding over Senate sessions was one of the vice president's principal duties. Since the 1950s, vice presidents have presided over few Senate debates. Sony VPCS136EC Battery
Instead, they have usually presided only on ceremonial occasions, such as joint sessions, or at times when a tie vote on an important issue is anticipated. The Constitution authorizes the Senate to elect a president pro tempore (Latin for "president for a time") to preside in the vice president's absence; Sony VPCS138EC Battery
the most senior senator of the majority party is customarily chosen to serve in this position.[1] Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates the responsibility of presiding to junior senators of the majority party, usually in blocks of one hour on a rotating basis. Sony VPCS139GC Battery
Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body.
The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the Speaker of the House. Sony VPCYA15EC Battery
The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling onpoints of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing the results of votes. Sony VPCYA16EC Battery
Each party elects Senate party leaders. Floor leaders act as the party chief spokespeople. The Senate Majority Leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) who works to ensure that their party's senators vote as the party leadership desires. Sony VPCYA25EC Battery
The Senate is served by several officials who are not members. The Senate's chief administrative officer is the Secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Assistant Secretary of the Senate aids the secretary in his or her work. Sony VPCYA26EC Battery
Another official is the Sergeant at Arms who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include theChaplain, who is elected by the Senate, and Pages, who are appointed. Sony VPCYB15JC Battery
The Senate uses Standing Rules of the Senate for operation. Like the House of Representatives, the Senate meets in the United States Capitol in Washington, D.C. At one end of the chamber of the Senate is a dais from which the presiding officerpresides. The lower tier of the dais is used by clerks and other officials. Sony VPCYA17GH/R Battery
One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. By tradition, Republicans sit to the right of the center aisle and Democrats to the left, facing the presiding officer.[37] Each senator chooses a desk based on seniority within the party. By custom, the leader of each party sits in the front row along the center aisle. Sony VPCCW2S8E/W Battery
Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2.
Senate procedure depends not only on the rules, but also on a variety of customs and traditions. Sony VPCCW2Z1E/B Battery
The Senate commonly waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. Sony VPCY11S1E Battery
The presiding officer sometimes uses the gavel of the Senate to maintain order.
A "hold" is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by a senator at any time. Sony VPCY11S1E/S Battery
A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill the bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration.
Holds can be overcome, but require time-consuming procedures such as filing cloture. Sony VPCW1 Battery
Holds are considered private communications between a senator and the Leader, and are sometimes referred to as "secret holds". A senator may disclose that he or she has placed a hold.
The Constitution provides that a majority of the Senate constitutes a quorum to do business. Sony VPCW1E8R/BU Battery
Under the rules and customs of the Senate, a quorum is always assumed present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. Sony VPCY11AGJ Battery
In practice, senators rarely request quorum calls to establish the presence of a quorum. Instead, quorum calls are generally used to temporarily delay proceedings; usually such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Sony VPCY11AHJ Battery
Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call.
Debate, like most other matters governing the internal functioning of the Senate, is governed by internal rules adopted by the Senate. Sony VPCY11AVJ Battery
During debate, senators may only speak if called upon by the presiding officer, but the presiding officer is required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of debate. Customarily, the Majority Leader and Minority Leader are accorded priority during debates even if another senator rises first. Sony VPCY11M1E Battery
All speeches must be addressed to the presiding officer, who is addressed as "Mr. President" or "Madam President", and not to another member; other Members must be referred to in the third person. In most cases, senators do not refer to each other by name, but by state or position, Sony VPCY11S1E Battery
using forms such as "the senior senator from Virginia", "the gentlewoman from California", or "my distinguished friend the Chairman of the Judiciary Committee". Senators address the Senate standing next to their desk.[38]
Apart from rules governing civility, there are few restrictions on the content of speeches; there is no requirement that speeches be germane to the matter before the Senate. Sony VPCY11V9E Battery
The rules of the Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. A legislative day begins when the Senate convenes and ends with adjournment; hence, it does not necessarily coincide with the calendar day. The length of these speeches is not limited by the rules; Sony VPCY11V9E/S Battery
thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the budget process), limits are imposed by statute. However, the right to unlimited debate is generally preserved. Sony VPCY219FJ/S Battery
The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; Sony VPCY21AFJ Battery
however, if the matter before the Senate involves changing the rules of the body – this includes amending provisions regarding the filibuster – a two-thirds majority is required. In current practice, the threat of filibuster is more important than its use; almost any motion that does not have the support of three-fifths of the Senate effectively fails. Sony VPCY21AGJ Battery
This means that 41 senators, which could represent as little as 12.3% of the U.S. population, can make a filibuster happen. Historically, cloture has rarely been invoked because bipartisan support is usually necessary to obtain the required supermajority, so a bill that already has bipartisan support is rarely subject to threats of filibuster. Sony VPCY21AHJ Battery
However, motions for cloture have increased significantly in recent years.
If the Senate invokes cloture, debate does not end immediately; instead, it is limited to 2 additional hours unless increased by another three-fifths vote. The longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, Sony VPCY21AVJ Battery
who spoke for over 24 hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957.[39]
Under certain circumstances, the Congressional Budget Act of 1974 provides for a process called "reconciliation" by which Congress can pass bills related to the budget without those bills being subject to a filibuster. Sony VPCY21S1E/L Battery
This is accomplished by limiting all Senate floor debate to 20 hours.
When debate concludes, the motion in question is put to a vote. The Senate often votes by voice vote. The presiding officer puts the question, and Members respond either "Yea" (in favor of the motion) or "Nay" (against the motion). Sony VPCY21S1E/P Battery
The presiding officer then announces the result of the voice vote. A senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. Sony VPCY21S1E/SI Battery
When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; senators respond when their name is called. Senators who were not in the chamber when their name was called may still cast a vote so long as the voting remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. Sony VPCCW1E8R/WU Battery
If the vote is tied, the vice president, if present, is entitled to cast a tie-breaking vote. If the vice president is not present, the motion fails.[41]
Bills which are filibustered require a three fifth majority to overcome the cloture vote (which usually means 60 votes) and get to the normal vote where a simple majority (usually 51 votes) will approve the bill. Sony VPCCW1S1E Battery
This has caused some news media to confuse the 60 votes needed to overcome a filibuster with the 51 votes needed to approve a bill, with for example USA Today erroneously stating "The vote was 58-39 in favor of the provision establishing concealed carry permit reciprocity in the 48 states that have concealed weapons laws.Sony VAIO PCG-5S1M Battery
That fell two votes short of the 60 needed to approve the measure".
On occasion, the Senate may go into what is called a secret or closed session. During a closed session, the chamber doors are closed, cameras are turned off, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Sony VAIO PCG-9Z1M Battery
Closed sessions are rare and usually held only when the Senate is discussing sensitive subject matter such as information critical to national security, private communications from the president, or deliberations during impeachment trials. A senator may call for and force a closed session if the motion is seconded by at least one other member, Sony VAIO PCG-7171M Battery
but an agreement usually occurs beforehand.[43] If the Senate does not approve release of a secret transcript, the transcript is stored in the Office of Senate Security and ultimately sent to the national archives. The proceedings remain sealed indefinitely until the Senate votes to remove the injunction of secrecy. Sony VAIO PCG-7186M Battery
The Senate maintains a Senate Calendar and an Executive Calendar.[45] The former identifies bills and resolutions awaiting Senate floor actions. The latter identifies executive resolutions, treaties, and nominations reported out by Senate committee(s) and awaiting Senate floor action. Both are updated each day the Senate is in session. Sony VAIO PCG-81112M Battery
The Senate uses committees (and their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. Formally, the whole Senate appoints committee members. In practice, however, the choice of members is made by the political parties. Sony VAIO PCG-31111M Battery
Generally, each party honors the preferences of individual senators, giving priority based on seniority. Each party is allocated seats on committees in proportion to its overall strength.
Most committee work is performed by 16 standing committees, each of which has jurisdiction over a field such as finance orforeign relations. Sony VAIO PCG-31311M Battery
Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers presidential nominations to offices related to its jurisdiction. (For instance, the Judiciary Committee considers nominees for judgeships, and the Foreign Relations Committee considers nominees for positions in the Department of State.) Sony VAIO PCG-8152M Battery
Committees may block nominees and impede bills from reaching the floor of the Senate. Standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence. Sony VAIO PCG-61111M Battery
The Senate also has several committees that are not considered standing committees. Such bodies are generally known as select or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, Sony PCG-71213M Battery
although the bulk of legislative work is performed by the standing committees. Committees may be established on an ad hoc basis for specific purposes; for instance, the Senate Watergate Committee was a special committee created to investigate the Watergate scandal. Such temporary committees cease to exist after fulfilling their tasks. Sony PCG-71311M Battery
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