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Friday, February 3, 2023

Political parties in the United States

American electoral politics have been dominated by two major political parties since shortly after the founding of the republic of the United States of America. Since the 1850s, the two have been the Democratic Party and the Republican Party—one of which has won every United States presidential election since 1852 and controlled the United States Congress since at least 1856. Despite keeping the same names, the two parties have both evolved in terms of ideologies, positions, and support bases over their long lifespans, in response to social, cultural, and economic developments—the Democratic Party being the left-of-center party since the time of the New Deal, and the Republican Party now being the right-of-center party.

Political parties are not mentioned in the U.S. Constitution (which predates the party system). The two-party system is based on laws, party rules and custom. Several third parties also operate in the U.S., and from time to time elect someone to local office. Some of the larger ones include the Constitution, Green, Alliance, and Libertarian parties, with the latter being the largest third party since the 1980s. A small number of members of the US Congress, a larger number of political candidates, and a good many voters (35-45%) have no party affiliation. However, most self-described independents consistently support one of the two major parties when it comes time to vote, and members of Congress with no political party affiliation caucus (meet to pursue common legislative objectives) with either the Democrats or Republicans.

The need to win popular support in a republic led to the American invention of voter-based political parties in the 1790s. Americans were especially innovative in devising new campaign techniques that linked public opinion with public policy through the party. Political scientists and historians have divided the development of America's two-party system into six or so eras or "party systems", starting with the Federalist Party, which supported the ratification of the Constitution, and the Democratic-Republican Party or the Anti-Administration party (Anti-Federalists), which opposed a powerful central government.

History and political eras

Popular votes to political parties during presidential elections.
 
Political parties derivation. Dotted line means unofficially.
Founding fathers

The United States Constitution is silent on the subject of political parties. The Founding Fathers did not originally intend for American politics to be partisan. In Federalist Papers No. 9 and No. 10, Alexander Hamilton and James Madison, respectively, wrote specifically about the dangers of domestic political factions. In addition, the first President of the United States, George Washington, was not a member of any political party at the time of his election or throughout his tenure as president. Furthermore, he hoped that political parties would not be formed, fearing conflict and stagnation, as outlined in his Farewell Address. The Founders “did not believe in parties as such, scorned those that they were conscious of as historical models, had a keen terror of party spirit and its evil consequences," but Richard Hofstadter wrote, "almost as soon as their national government was in operation, found it necessary to establish parties.”

In the past 150-plus years the two dominant parties have changed their ideologies and bases of support considerably, while maintaining their names. The Democratic party, that in the aftermath of the Civil War was an agrarian pro-states-rights, anti-civil rights, pro-easy money, anti-tariff, anti-bank, coalition of Jim Crow "Solid South", Western small farmers, along with budding labor unions and Catholic immigrants; has evolved into what is as of 2020, a strongly pro-civil rights party, disproportionately composed of women, LGBT, union members, and urban, educated, younger, non-white voters. Over the same period, the Republican Party has gone from being the dominant American "Grand Old Party" of business large and small, skilled craftsmen, clerks, professionals and freed African Americans, based especially in the industrial northeast; to a right-wing, disproportionately composed of family businesses, less educated, older, rural, southern, religious, and white working class voters. Along with this realignment, political and ideological polarization has increased, norms have deteriorated, leading to greater tension and "deadlock" in attempts to pass ideologically controversial bills.

Some historians have divided the history of American political parties into about a half dozen "party systems."

First Party System: 1792–1824

The beginnings of the American two-party system emerged from George Washington's immediate circle of advisers, which included Alexander Hamilton and James Madison. Hamilton and Madison wrote the aforementioned Federalist Papers against political factions, but by the 1790s, different views of the new country's proper course had already developed, and those who held these opposing views tried to win support for their cause by banding together.

  • The network of followers of Alexander Hamilton, the Hamiltonian faction, took up the name "Federalist"; they favored a strong central government that would support the interests of commerce and industry and close ties to Britain.
  • The followers of Madison and Thomas Jefferson, the Jeffersonians and then the "Anti-Federalists," took up the name "Democratic-Republicans"; they preferred a decentralized agrarian republic in which the federal government had limited power.

The Jeffersonians came to power in 1800 and the Federalists were too elitist to compete effectively. The Federalists survived in the Northeast, but their refusal to support the War of 1812 verged on secession and was a devastating blow when the war ended well. The Era of Good Feelings under President James Monroe (1816–1824) marked the end of the First Party System and a brief period in which partisanship was minimal.

Second Party System: 1828–1854

By 1828, the Federalists had disappeared as an organization. Jackson's presidency split the Democratic-Republican Party — "Jacksonians" became the Democratic Party; those following the leadership of John Quincy Adams became the "National Republicans", (no connection to the later Republican Party that exists today). After the 1832 election, opponents of Jackson coalesced into the Whig Party. National Republicans, Anti-Masons and others joined the new party led by Henry Clay. The two party political system continued but with two different parties.

The early Democratic Party stood for individual rights and state rights, supported the primacy of the Presidency over the other branches of government, opposed banks (namely the Bank of the United States), high tariffs, as well as modernizing programs that they felt would build up industry at the expense of the farmers. It styled itself as the party of the "common man". Presidents Andrew Jackson, Martin Van Buren and James K. Polk, were all Democrats who defeated Whig candidates, but by narrow margins.

The Whigs, on the other hand, advocated the supremacy of Congress over the executive branch as well as policies of modernization and economic protectionism. Central political battles of this era were the Bank War and the Spoils system of federal patronage.

Jackson introduced the practice of "hosting barbecues and cultivating a national network of affiliates" and with his campaigns began the tradition of not just voting for a Democrat but identifying as a Democrat. "Parties were becoming a fixture not just in America’s politics but also in its social life."

In the 1850s, the issue of slavery took center stage, with disagreement in particular over the question of whether slavery should be permitted in the country's new territories in the West. The Whig Party attempted to straddle the issue with the Kansas–Nebraska Act, where the status of slavery would be decided based on "popular sovereignty", (i.e. the citizens of each territory, rather than Congress, would determine whether slavery would be allowed). Whigs sank to their death after the overwhelming electoral defeat by Franklin Pierce in the 1852 presidential election. Ex-Whigs joined the Know Nothings or the newly formed anti-slavery Republican Party. While the Know Nothing party was short-lived, Republicans would survive the intense politics leading up to the Civil War. The primary Republican policy was that slavery be excluded from all the territories. Just six years later, this new party captured the presidency when Abraham Lincoln won the election of 1860, the election that established the Democratic and Republican parties as the major parties of America.

Third Party System: 1854–1890s

The anti-slavery Republican Party emerged in 1854. It adopted many of the economic policies of the Whigs, such as national banks, railroads, high tariffs, homesteads and aid to land grant colleges.

After the defeat of the Confederacy, it became the dominant party in America for decades, associated with the successful military defense of the Union and often known as "the Grand Old Party". The Republican coalition consisted of businessmen, shop owners, skilled craftsmen, clerks, and professionals who were attracted to the party's modernization policies, and newly enfranchised African Americans (Freedmen).

The Democratic Party was usually in opposition during this period, although it often controlled the Senate or the House of Representatives, or both. The Democrats were known as "basically conservative and agrarian-oriented", and like the Republicans, it was a broad-based voting coalition. Their support came from "Redeemers" of the Jim Crow "Solid South" (i.e. solidly Democratic) where "repressive legislation and physical intimidation" prevented the "newly enfranchised African Americans from voting"; small farmers in the West (before the Sun belt boom, both regions being much less populated and politically powerful); there were also conservative pro-business Bourbon Democrats, traditional Democrats in the North (many of them former Copperheads), and Catholic immigrants, among others.

As the party of states' rights, post-Civil War Democrats opposed civil rights legislation. As the (sometimes) populist party of small farmers, it opposed the interests of big business, such as protective tariffs that raised prices on imported goods needed by rural people. The party favored cheap-money policies - low interest rates and inflation favoring those with substantial debts, such as small farmers.

Civil war and Reconstruction issues polarized the parties until the Compromise of 1877, which saw the withdrawal of the last federal troops from the Southern United States. (By 1905 most black people were effectively disenfranchised in every Southern state.)

During the post-civil war era of the nineteenth century, parties were well established as the country's dominant political organizations, and party allegiance had become an important part of most people's consciousness. Party loyalty was passed from fathers to sons, and in an era before motion pictures and radio, party activities, including spectacular campaign events, complete with uniformed marching groups and torchlight parades, were a part of the social life of many communities.

Fourth Party System: 1896–1932

1896 saw the beginning of the Progressive Era. The Republican Party still dominated and the interest groups and voting blocs were unchanged, but the central domestic issues changed to government regulation of railroads and large corporations ("trusts"), the protective tariff, the role of labor unions, child labor, the need for a new banking system, corruption in party politics, primary elections, direct election of senators, racial segregation, efficiency in government, women's suffrage, and control of immigration.

Some realignment took place, giving Republicans dominance in the industrial Northeast and new strength in the border states.

The era began after the Republicans blamed the Democrats for the Panic of 1893, which later resulted in William McKinley's victory over William Jennings Bryan in the 1896 presidential election.

Fifth Party System: 1932–1976

The disruption and suffering of the Great Depression (1929-1939) and the New Deal programs (1933–39) of Democrat president Franklin D. Roosevelt designed to deal with it, created a dramatic political shift. The Democrats were now the party of "big government"; the dominant party (retaining the presidency until 1952 and controlling both houses of Congress for most of the period from the 1930s to the mid-1990s); and positioned towards liberalism (while conservatives increasingly dominated the GOP).

The New Deal raised the minimum wage, established the Social Security and other federal services; Roosevelt "forged a broad coalition—including small farmers, Northern city dwellers with "urban political machines", organized labor, European immigrants, Catholics, Jews, African Americans, liberals, intellectuals, and reformers", but also the traditionally Democratic segregationist white Southerners.

Opposition Republicans were split between a conservative wing, led by Ohio Senator Robert A. Taft, and a more successful moderate wing exemplified by the politics of Northeastern leaders such as Nelson Rockefeller, Jacob Javits, and Henry Cabot Lodge. The latter steadily lost influence inside the GOP after 1964.

Sixth Party System, 1980s–2016

Around 1968 a breakup of the old Democratic Party New Deal coalition began and American politics became more polarized along ideology. Over the coming decades the blurred ideological character of American political party coalitions—where Democrats had a number of important elected office holders (mostly in the South) who were considerably more conservative than many important Republican senators and governors (for example Nelson Rockefeller)—dissipated. In time, not only did conservative Democrats and liberal Republicans retire, switch parties, or lose elections, so did centrists (Rudy Giuliani, George Pataki, Richard Riordan and Arnold Schwarzenegger).

Civil Rights legislation—the Civil Rights Act of 1964 and Voting Rights Act of 1965—driven by Democratic president Lyndon B. Johnson, along with Barry Goldwater's 1964 presidential campaign and president Richard M. Nixon's "Southern strategy"—began the breaking away of white segregationist Solid South from Democrats and over time created a solidly Republican south. Southern white voters started voting for Republican presidential candidates in the 1950s, and Republican state and local candidates in the 1990s.

Anti-Vietnam War protests alienated conservative Democrats from the protesters. The "religious right" emerged as a wing of the Republican Party—made up of Catholics and Evangelical Protestants (previously having nothing to do with each other but now) united in opposition to abortion and same-sex marriage. Also increasing political polarization was the trend towards replacing county caucuses and state conventions with political primaries, where the party core/base could "primary", (defeat in primary elections) moderate candidates who general election voters liked but the base did not.

Eventually a large majority of rural and working class whites nationwide became the base of the Republican Party; while the Democratic Party was increasingly made up of a coalition of African Americans, Latinos, and white urban progressives.

Whereas for decades the college-educated voters skewed heavily towards the Republican party, eventually high educational attainment was a marker of Democratic support.

This formed the political system in the Reagan Era of the 1980s and beyond.

In 1980 conservative Republican Ronald Reagan defeated an incumbent democratic president (Jimmy Carter) on a theme of smaller government, sunny optimism that free trade and tax cuts would stimulate economic growth which would then "trickle down" to the middle and lower classes (who might not benefit initially from these policies). The Republican party was now said to rest on "three legs" of Christian right/Social conservatism (particularly the anti-abortion movement), fiscal conservatism/small government (particularly supporters of tax cuts), and strong anti-communist military policy (with increased willingness to intervene abroad).

Newt Gingrich, Karl Rove

In 1995, after 40 years of uninterrupted dominance by the Democratic Party, Republican gained 54 seats to take control of the House of Representatives, (it also took control of the Senate). This was in part because the South turned Republican, and in part because of the leadership of Newt Gingrich and his "Republican Revolution". Gingrich introduced a change in norms that continued with Donald Trump of eliminating the idea that Democrats were opponents in elections but later colleagues to negotiate and compromise with in the interest of good legislation. Instead they were the enemy to be attacked and defeated, to be denounced as "traitors ..liars, ... cheaters".

Karl Rove, the political strategist of George W. Bush (president 2001 to 2009), also eliminated norms of behavior between the parties (such as not questioning the patriotism of the other side, seeking bipartisan cooperation), which were often very effective though they increased polarization. Rove emphasized elections are won by energizing the party base of support, not reaching out to the persuadable or swing voter in the middle; attacking opponents strong points (for example implying decorated veterans were treasonous, accusing Max Cleland who had lost three limbs in combat of being sympathetic to terrorism, Silver and Bronze Star wearing John Kerry of being a traitor to his country). Conspiracy theories also began to become mainstream during this time (accusing Hillary Clinton of ordering the military to not protect Americans at the U.S. compound in Benghazi, that the Clintons ordered the murder of Bill's childhood friend Vince Foster), which remained energizing for the base no matter how many times they were investigated and debunked.

Seventh Party System (2016?–present)

While not everyone agrees that a seventh party system has begun, many have noted unique features of a political era starting with the campaign of Donald Trump for president. 

Donald Trump

In the Republican Party, "Reagan Revolution" rhetoric and policy, began to be replaced by new themes. Not only had conservative (white) blue collar workers migrated to the Republican Party, but a business class that had been part of the Republican Party since the post-Civil War Gilded Age began moving left. "Today’s G.O.P. is most clearly now the party of local capitalism—the small-business gentry, the family firms", while "much of corporate America has swung culturally into liberalism’s camp. ... the party’s base regards corporate institutions—especially in Silicon Valley, but extending to more traditional capitalist powers—as cultural enemies", according to Ross Douthat. There was more emphasis on cultural/attitudinal conservatism (opposition not just to abortion but to gay marriage, transgender rights); support for free trade and liberal immigration was replaced by opposition to economic globalization and immigration from non-European countries. Unprecedented distrust of institutions (refused to accept the results of 2020 presidential election), unprecedented loyalty for Donald Trump even after he had lost his second run for election in 2020. President Trump was impeached by the U.S. House of Representatives twice. Both times when the charges were brought to the U.S. Senate, the U.S. Senate acquitted President Trump.

Minor parties and independents

Although American politics have been dominated by the two-party system, "third" political parties have appeared from time to time in American history but seldom lasted more than a decade. They have sometimes been the vehicle of an individual (Theodore Roosevelt's "Bull Moose" party, Ross Perot's Reform Party); had considerable strength in particular regions (Socialist Party, the Farmer-Labor Party (of Minnesota), Wisconsin Progressive Party, Conservative Party of New York State, and the Populist Party); or continued to run candidates for office to publicize ideas despite seldom winning even local elections (Libertarian Party, Natural Law Party, Peace and Freedom Party).

The oldest third party was the Anti-Masonic Party, which was formed in upstate New York in 1828. The party's creators feared the Freemasons, believing they were a powerful secret society that was attempting to rule the country in defiance of republican principles.

Some other significant but unsuccessful parties that ran a candidate for president include: The Know Nothing or American Party (1844-1860), People's Party (Populist) candidate James B. Weaver (1892), Theodore Roosevelt's Progressive or "Bull Moose party" (1912), Robert M. La Follette's Progressive Party (1924) Strom Thurmond's Dixiecrat States Rights Party (1948), Henry A. Wallace's Progressive Party (1948), George Wallace's American Independent Party (1968), Ross Perot's (running as an independent) (1992).

Organization of American political parties

American political parties are more loosely organized than those in other countries, and the Democratic and Republican party have no formal organization at the national level that controls membership. Thus, for example, in many states the process to determine who will be the party's candidate for office is a public election (a political primary) open to all who have signed up as affiliated with that party when they register to vote; and are not limited to those who donate money and are active in the party.

Party identification becomes somewhat formalized when a person runs for partisan office. In most states, this means declaring oneself a candidate for the nomination of a particular party and intent to enter that party's primary election for an office. A party committee may choose to endorse one or another of those who is seeking the nomination, but in the end the choice is up to those who choose to vote in the primary, and it is often difficult to tell who is going to do the voting.

The result is that American political parties have weak central organizations and little central ideology, except by consensus. Unlike in many countries, the party leadership cannot prevent a person who disagrees with basic principles and positions of the party, or actively works against the party's aims, from claiming party membership, so long as the voters who choose to vote in the primary elections elect that person. Once in office, elected officials who fail to "toe the party line" because of constituent opposition to it, and "cross the aisle" to vote with the opposition, have (relatively) little to fear from their party. An elected official may change parties simply by declaring such intent.

At the federal level, each of the two major parties has a national committee (See, Democratic National Committee, Republican National Committee) that acts as the hub for much fund-raising and campaign activities, particularly in presidential campaigns. The exact composition of these committees is different for each party, but they are made up primarily of representatives from state parties and affiliated organizations, and others important to the party. However, the national committees do not have the power to direct the activities of members of the party.

Both parties also have separate campaign committees which work to elect candidates at a specific level. The most significant of these are the "Hill committees", which work to elect candidates to each house of Congress.

State parties exist in all fifty states, though their structures differ according to state law, as well as party rules at both the national and the state level.

Despite these weak organizations, elections are still usually portrayed as national races between the political parties. In what is known as "presidential coattails", candidates in presidential elections become the de facto leader of their respective party, and thus usually bring out supporters who in turn then vote for his party's candidates for other offices. On the other hand, federal midterm elections (where only Congress and not the president is up for election) are usually regarded as a referendum on the sitting president's performance, with voters either voting in or out the president's party's candidates, which in turn helps the next session of Congress to either pass or block the president's agenda, respectively.

The two-party system in the U.S.

As noted above, the modern political party system in the United States is a two-party system, with the parties being the Democratic Party and the Republican Party. Explanations for why America has a two party system include:

  • The traditional American electoral format of single-member districts where the candidate with the most votes wins ("first-past-the-post" system), which according to Duverger's law favors the two-party system. This is in contrast to multi-seat electoral districts and proportional representation found in some other democracies.
  • the 19th century innovation of printing "party tickets" to pass out to prospective voters to cast in ballot boxes (originally, voters went to the polls and publicly stated which candidate they supported), "consolidated the power of the major parties".
  • Printed party "tickets" (ballots) were eventually replaced by uniform ballots provided by the state, when states began to adopt the Australian Secret Ballot Method. This gave state legislatures—dominated by Democrats and Republicans—the opportunity to handicap new rising parties with ballot access laws requiring a large number of petition signatures from citizens and giving the petitioners a short length of time to gather the signatures.

Some (Nelson W. Polsby writing before 1997) have argued that the lack of central control of the parties in America means they have become as much "labels" to mobilize voters as political organizations, and that "variations (sometimes subtle, sometimes blatant) in the 50 political cultures of the states yield considerable differences", suggesting that "the American two-party system" actually masks "something more like a hundred-party system."

Others (Lee Drutman, Daniel J. Hopkins writing before 2018) argue that in the 21st century, along with becoming overly partisan, America politics has become overly focused on national issues and "nationalized".

Major parties

American voter registration statistics as of
October 2020
Party Registered voters Percentage

Democratic 48,517,845 39.58

Republican 36,132,743 29.48

No party preference 34,798,906 28.39

Other 3,127,800 2.55
Totals 122,577,294 100.00

Democratic Party

The Democratic Party is one of two major political parties in the U.S. Founded as the Democratic Party in 1828 by Andrew Jackson and Martin Van Buren, it is the oldest extant voter-based political party in the world.

Until the mid-20th century, the Democratic Party was the dominant party among white southerners, and as such, was then the party most associated with the defense of slavery. However, following the Great Society under Lyndon B. Johnson, the Democratic Party became the more progressive party on issues of civil rights, they would slowly lose dominance in southern states until 1996.

The Democratic Party since 1912 has positioned itself as the liberal party on domestic issues. The economic philosophy of Franklin D. Roosevelt, which has strongly influenced modern American liberalism, has shaped much of the party's agenda since 1932. Roosevelt's New Deal coalition controlled the White House until 1968, with the exception of the two terms of President Eisenhower from 1953 to 1961. Since the mid-20th century, Democrats have generally been in the center-left and currently support social justice, social liberalism, a mixed economy, and the welfare state, although Bill Clinton and other New Democrats have pushed for free trade and neoliberalism, which is seen to have shifted the party rightwards. Democrats are currently strongest in the Northeast and West Coast and in major American urban centers. African-Americans and Latinos tend to be disproportionately Democratic, as do trade unions.

In 2004, it was the largest political party, with 72 million registered voters (42.6% of 169 million registered) claiming affiliation. Although his party lost the election for president in 2004, Barack Obama would later go on to become president in 2009 and continue to be the president until January 2017. Obama was the 15th Democrat to hold the office, and from the 2006 midterm elections until the 2014 midterm elections, the Democratic Party was also the majority party in the United States Senate.

A 2011 USA Today review of state voter rolls indicates that the number of registered Democrats declined in 25 of 28 states (some states do not register voters by party). During this time, Republican registration also declined, as independent or no preference voting was on the rise. However, in 2011 Democrats numbers shrank 800,000, and from 2008 they were down by 1.7 million, or 3.9%. In 2018, the Democratic party was the largest in the United States with roughly 60 million registered members.

Republican Party

The Republican Party is one of the two major contemporary political parties in the United States of America. Since the 1880s it has been nicknamed (by the media) the "Grand Old Party" or GOP, although it is younger than the Democratic Party. Founded in 1854 by Northern anti-slavery activists and modernizers, the Republican Party rose to prominence in 1860 with the election of Abraham Lincoln, who used the party machinery to support victory in the American Civil War.

The GOP dominated national politics during the Third Party System, from 1854 to 1896, and the Fourth Party System from 1896 to 1932. Since its founding, the Republican Party has been the more market-oriented of the two American political parties, often favoring policies that aid American business interests. As a party whose power was once based on the voting power of Union Army veterans, this party has traditionally supported more robust national defense measures and improved veterans' benefits. Today, the Republican Party supports an American conservative platform, with further foundations in economic liberalism, fiscal conservatism, and social conservatism. The Republican Party tends to be strongest in the Southern United States, outside large metropolitan areas, or in less-centralized, lower-density parts of them.

Since the 2010 midterm elections, the Republicans held a majority in the United States House of Representatives until the 2018 midterms where they lost it to the Democratic Party. Additionally, from the 2014 elections to the 2020 elections, the Republican Party controlled the Senate. In 2018, the Republican party had roughly 55 million registered members, making it the second largest party in the United States. In the aftermath of the 2020 United States elections, the GOP lost their senate majority, and Chuck Schumer was appointed Senate Majority Leader in a power-sharing agreement with the Republican Party.

Minor parties

The United States also has an array of minor parties, the largest of which (on the basis of voter registrations as of October 2020), are the Libertarian, Green, and Constitution parties. (There are many other political parties that receive only minimal support and only appear on the ballot in one or a few states.)

Libertarian Party

The Libertarian Party was founded on December 11, 1972. As of March 2021, it is the largest third party in the United States, claiming nearly 700,000 registered voters across 28 states and the District of Columbia. As of August 2022, it has 309 local elected officials, and one state representative: Marshall Burt of Wyoming. Former Representative Justin Amash, a former Republican and later independent from Michigan, switched to the Libertarian Party in May 2020, to become the first Libertarian Party member of Congress. Amash declined to run for reelection in 2020 and left office on January 3, 2021.

The 2012 Libertarian Party nominee for United States President was former New Mexico governor, Gary Johnson. He achieved ballot access in every state except for Michigan (only as a write-in candidate) and Oklahoma. He received over one million votes in the election. In 2016, Johnson ran again, receiving over four million votes, or 3.3% of the popular vote.

The Libertarian Party's core mission is to reduce the size, influence, and expenditures in all levels of government. To this effect, the party supports minimally regulated markets, a less powerful federal government, strong civil liberties, drug liberalization, open immigration, non-interventionism and neutrality in diplomatic relations, free trade and free movement to all foreign countries, and a more representative republic. As of October 2020 , it is the third largest political party in the United States based on voter registration.

Green Party

The Green Party has been active as a third party since the 1980s. The party first gained widespread public attention during Ralph Nader's second presidential run in 2000. Currently, the primary national Green Party organization in the U.S. is the Green Party of the United States, which has eclipsed the earlier Greens/Green Party USA.

The Green Party in the United States has won elected office mostly at the local level; most winners of public office in the United States who are considered Greens have won nonpartisan-ballot elections (that is, elections in which the candidates' party affiliations were not printed on the ballot). In 2005, the Party had 305,000 registered members in the District of Columbia and 20 states that allow party registration. During the 2006 elections the party had ballot access in 31 states. In 2017, Ralph Chapman, a Representative in the Maine House of Representative switched his association from Unaffiliated to the Green Independent Party.

The United States Green Party generally holds a left-wing ideology on most important issues. Greens emphasize environmentalism, non-hierarchical participatory democracy, social justice, respect for diversity, peace, and nonviolence. As of October 2020, it is the fourth largest political party in the United States based on voter registration.

Constitution Party

The Constitution Party is a national conservative political party in the United States. It was founded as the U.S. Taxpayers Party in 1992 by Howard Phillips. The party's official name was changed to the "Constitution Party" in 1999; however, some state affiliate parties are known under different names. As of October 2020, it is the fifth largest political party in the United States based on voter registration.

Alliance Party

The Alliance Party is a centrist American political party that was formed in 2018 and registered in 2019. The Alliance Party gained affiliation status with multiple other parties, including the American Party of South Carolina, the Independence Party of Minnesota, and the Independent Party of Connecticut. During the 2020 Presidential Elections Alliance Party Presidential Candidate Roque De La Fuente placed fifth in terms of the popular vote. Following the presidential election, the American Delta Party and the Independence Party of New York joined the Alliance Party. The Independence Party of New York disaffiliated in 2021.

Alternative interpretations

Multiple individuals from various stances have proposed an end to the two-party system, arguing mostly that the Democratic and Republican parties don't accurately represent much of the national electorate, or that multiple political parties already exist within the Democratic and Republican parties which encompass a variety of views.

Four Party interpretations

NBC News' Dante Chinni and Washington Post columnist Perry Bacon, Jr. have both suggested that the United States' political system is that of four parties grouped into a two-party system. Due mostly to competing influence from larger personalities within such parties, Chinni and Bacon have grouped the American populace into four primary political parties:

Six Party interpretations

The idea the United States primarily falls into six political parties is pushed by former Secretary of Labor Robert Reich, American political theorists Lee Drutman, and political theorist Carl Davidson. Drutman argues that government without two parties would enable and support "the shifting alliances and bargaining that are essential in democracy" which have largely been lost in a two party system due to political gridlock. Reich further predicts that these parties likely emerge as the two parties "explode".

All three theorists have consensus that these four parties will exist within a six-party system:

The three interpretations, however, differ on the inclusion of these parties:

  • Reich views libertarians, and the Tea Party and Freedom Caucus movements, as anti-establishment Republicans who aspire to shrink government and also end crony capitalism. Drutman views these groups as split between the party of Trumpism and Christian conservatives, and Davidson views the Tea Party and Freedom Caucus as the foundations for his Christian nationalists party,
  • Drutman outlines another party which aims to represent working-class democrats who are not as socially liberal as American progressives though is just as economically liberal.
  • Davidson splits moderate Democrats into two parties; the first is named for the Blue Dog Coalition and aligns more so with United Steelworkers as well as the pharmaceutical industry, while the other represents mainstream Democrats and is symbolized by Barack Obama, Nancy Pelosi, Hollywood personalities, and large banks like JPMorgan Chase. Drutman and Reich, however, categorize both as "Establishment Democrats" which prefer tax cuts but also back equal rights.

United States Senate

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/United_States_Senate

United States Senate

Coat of arms or logo
 
Flag of the United States Senate
Flag of the U.S. Senate
 
Type
Type
Term limits
None
History
New session started
January 3, 2023
Leadership
Patty Murray (D)
since January 3, 2023
Chuck Schumer (D)
since January 20, 2021
Mitch McConnell (R)
since January 20, 2021
Dick Durbin (D)
since January 20, 2021
John Thune (R)
since January 20, 2021
Structure
Seats100
118th United States Senate.svg
Political groups
Majority (51)

Minority (49)

Length of term
6 years
Elections
Plurality voting in 46 states
Varies in 4 states
Last election
November 8, 2022 (35 seats)
Next election
November 5, 2024 (34 seats)
Meeting place
United States Senate Floor.jpg
Senate Chamber
United States Capitol
Washington, D.C.
United States
Website
senate.gov
Constitution
United States Constitution

The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.

The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. From 1789 to 1913, senators were appointed by legislatures of the states they represented. They are now elected by popular vote following the ratification of the Seventeenth Amendment in 1913.

As the upper chamber of Congress, the Senate has several powers of advice and consent which are unique to it. These include the approval of treaties, and the confirmation of Cabinet secretaries, federal judges (including Federal Supreme Court justices), flag officers, regulatory officials, ambassadors, other federal executive officials and federal uniformed officers. If no candidate receives a majority of electors for vice president, the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of those impeached by the House. The Senate has typically been considered both a more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere.

The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate majority leader.

History

The drafters of the Constitution debated more in how to award representation in the Senate than with any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" was widely popular, the discussion about representation in the Senate proved to be very contentious. In the end, some small states, unwilling to give up their equal power with larger states under the Articles of Confederation, threatened to secede and won the day by a vote of 5-4, in what became known as the Connecticut Compromise.

First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate. The name is derived from the senatus, Latin for council of elders (from senex meaning old man in Latin). Article Five of the Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959.

Graph showing historical party control of the U.S. Senate, House and Presidency since 1855

Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures. Problems with repeated vacant seats due to the inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators.

Membership

Members of the United States Senate for the 118th Congress

Qualifications

Article I, Section 3, of the Constitution, sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of the United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62, James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character":

A senator must be thirty years of age at least; as a representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils.

The Senate (not the judiciary) is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr. was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. In November 1972, Joe Biden was elected to the Senate at the age of 29, but he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973.

The Fourteenth Amendment to the United States Constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederacy from serving. That Amendment, however, also provides a method to remove that disqualification: a two-thirds vote of both chambers of Congress.

Elections and term

Originally, senators were selected by the state legislatures, not by popular elections. By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of the Seventeenth Amendment.

Term

Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of the last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Current senators whose six-year terms are set to expire on January 3, 2025, belong to Class I. There is no constitutional limit to the number of terms a senator may serve.

The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment, however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows the Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion.

A member who has been elected, but not yet seated, is called a senator-elect; a member who has been appointed to a seat, but not yet seated, is called a senator-designate.

Elections

Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day, and coincide with elections for the House of Representatives. Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement a uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state.

In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties, depending on the state) with the general election following a few months later. In most of these states, the nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote.

However, in five states, different methods are used. In Georgia, a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California, Washington, and Louisiana, a nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered the general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska, ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate.

Vacancies

The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of the Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for a full-term).

The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place.

The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states):

  • Four states – North Dakota, Oregon, Rhode Island, and Wisconsin – do not empower their governors to make temporary appointments, relying exclusively on the required special election provision in the Seventeenth Amendment.
  • Eight states – Alaska, Connecticut, Louisiana, Massachusetts, Mississippi, Texas, Vermont, and Washington – provide for gubernatorial appointments, but also require a special election on an accelerated schedule.
  • The remaining thirty-eight states provide for gubernatorial appointments, "with the appointed senator serving the balance of the term or until the next statewide general election".

In ten states within the final category above – Arizona, Hawaii, Kentucky, Maryland, Montana, North Carolina, Oklahoma, Utah, West Virginia, and Wyoming – the governor must appoint someone of the same political party as the previous incumbent.

In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010.

In 2004, Alaska enacted legislation and a separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As a result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy.

In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either a regular or special Senate election.

Oath

The Constitution requires that senators take an oath or affirmation to support the Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators:

I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Salary and benefits

US Senate salaries

The annual salary of each senator, since 2009, is $174,000; the president pro tempore and party leaders receive $193,400. As of June 2003, at least 40 senators were millionaires; in 2018, over 50 senators were millionaires.

Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by the Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.

Seniority

By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population.

The senator in each state with the longer time in office is known as the senior senator, while the other is the junior senator. For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009.

Titles

Like members of the House of Representatives, Senators use the prefix "The Honorable" before their names. Senators are usually identified in the media and other sources by party and state; for example, Democratic majority leader Chuck Schumer, who represents New York, may be identified as "D–New York". And sometimes they are identified as to whether they are the junior or senior senator in their state (see above). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in.

Expulsion and other disciplinary actions

The Senate may expel a senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: 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. 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.

Majority and minority parties

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. 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 support either of the larger parties) are not considered in determining which is the majority party.

Seating

A typical Senate desk

At one end of the chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats.

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. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington. Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on the inside of the desk's drawer.

Officers

The Senate side of the United States Capitol in Washington, D.C.

Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate.

Presiding officer

Under the Constitution, the vice president serves as president of the Senate. They may vote in the Senate (ex officio, for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open the certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or 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"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates the responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate’s parliamentarian, who whispers what they should do".

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. The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing the results of votes.

Party leaders

Each party elects Senate party leaders. Floor leaders act as the party chief spokesmen. 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 his party's senators vote as the party leadership desires.

Non-member officers

In addition to the vice president, the Senate has several officers 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's work. 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 the chaplain, who is elected by the Senate, and pages, who are appointed.

Procedure

Daily sessions

The Senate uses Standing Rules 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 officer presides. The lower tier of the dais is used by clerks and other officials. 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. 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. 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. 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. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold.

The Constitution provides that a majority of the Senate constitutes a quorum to do business. 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. 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. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call.

Debate

Debate, like most other matters governing the internal functioning of the Senate, is governed by internal rules adopted by the Senate. During a 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 the debate. Customarily, the majority leader and minority leader are accorded priority during debates even if another senator rises first. 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, using forms such as "the senior senator from Virginia", "the gentleman from California", or "my distinguished friend the chairman of the Judiciary Committee". Senators address the Senate standing next to their desks.

Apart from rules governing civility, there are few restrictions on the content of speeches; there is no requirement that speeches pertain to the matter before the Senate.

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; 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.

Within the United States, the Senate is sometimes referred to as "world's greatest deliberative body".

Filibuster and cloture

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; 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. This means that 41 senators 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. However, motions for cloture have increased significantly in recent years.

If the Senate invokes cloture, the debate does not necessarily end immediately; instead, it is limited to up to 30 additional hours unless increased by another three-fifths vote. The longest filibuster speech in the Senate's history was delivered by Strom Thurmond (D-SC), who spoke for over 24 hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957.

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. This is accomplished by limiting all Senate floor debate to 20 hours.

Voting

When the 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/Aye" (in favor of the motion) or "Nay" (against the motion). 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. 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. A majority of those voting determines whether the motion carries. 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.

Filibustered bills require a three-fifths majority to overcome the cloture vote (which usually means 60 votes) and get to the normal vote where a simple majority (usually 51 votes) approves the bill. 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. That fell two votes short of the 60 needed to approve the measure".

Closed session

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. 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, but an agreement usually occurs beforehand. If the Senate does not approve the 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. In 1973, the House adopted a rule that all committee sessions should be open unless a majority on the committee voted for a closed session.

Calendars

The Senate maintains a Senate Calendar and an Executive Calendar. 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.

Committees

Committee Room 226 in the Dirksen Senate Office Building is used for hearings by the Senate Judiciary Committee.

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. 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 or foreign relations. 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.) 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.

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, 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.

The Congress includes joint committees, which include members from both the Senate and the House of Representatives. Some joint committees oversee independent government bodies; for instance, the Joint Committee on the Library oversees the Library of Congress. Other joint committees serve to make advisory reports; for example, there exists a Joint Committee on Taxation. Bills and nominees are not referred to joint committees. Hence, the power of joint committees is considerably lower than those of standing committees.

Each Senate committee and subcommittee is led by a chair (usually a member of the majority party). Formerly, committee chairs were determined purely by seniority; as a result, several elderly senators continued to serve as chair despite severe physical infirmity or even senility. Committee chairs are elected, but, in practice, seniority is rarely bypassed. The chairs hold extensive powers: they control the committee's agenda, and so decide how much, if any, time to devote to the consideration of a bill; they act with the power of the committee in disapproving or delaying a bill or a nomination by the president; they manage on the floor of the full Senate the consideration of those bills the committee reports. This last role was particularly important in mid-century, when floor amendments were thought not to be collegial. They also have considerable influence: senators who cooperate with their committee chairs are likely to accomplish more good for their states than those who do not. The Senate rules and customs were reformed in the twentieth century, largely in the 1970s. Committee chairmen have less power and are generally more moderate and collegial in exercising it, than they were before reform. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the ranking member. In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the vice-chair.

Criticism

Critiques on policy gridlock and the Senate's general usefulness as an institution, stem from a couple central points of criticism: the fact that power is remains delegated to states instead of citizens, and specific Senate rules, such as the filibuster.

Representation

Wyoming voters have 70x more voice in the Senate than California voters, violating the one person, one vote ideal. In addition, small states are so disproportionately white, that African Americans have just 75% of the representation they should in the Senate, whereas Hispanic Americans have just 55%. This results in smaller states (and thus their residents) taking significant funding away from underrepresented residents.

The most controversial issue at the constitutional convention, the disparity between the most and least populous states has grown since 1787, when Virginia had roughly ten times the population of Rhode Island, whereas today California has roughly 70 times the population of Wyoming, based on the 1790 and 2020 censuses. People living in the District of Columbia and the territories have no vote in congress, just non-voting delegates. As a result, statehood movements in the District of Columbia and Puerto Rico, for example, argue that the voting power that would come with statehood in the Senate in particular would not only be fair, but would end the embarrassing practice of mass disenfranchisement in the world's oldest democracy.

Rules

Critics argue the Senate's obsolescence stems not just from partisan paralysis but also a preponderance of arcane rules. The Senate filibuster, for example, is frequently debated as the Constitution specifies a simple majority threshold to pass legislation, and some critics feel the de facto three-fifths threshold for general legislation prevents beneficial laws from passing. Detractors also note that the filibuster, elevated in importance in 1917, was a tool most prominently and persistently wielded in defense of white supremacy. The nuclear option was exercised by both parties in the 2010s to eliminate the filibuster for confirmations. Supporters generally consider the filibuster to be an important protection for the minority views and a check against the unfettered single-party rule when the same party holds the Presidency and a majority in both the House and Senate.

Senate office buildings

There are presently three Senate office buildings located along Constitution Avenue, north of the Capitol. They are the Russell Senate Office Building, the Dirksen Senate Office Building, and the Hart Senate Office Building.

Functions

Legislation

Bills may be introduced in either chamber of Congress. However, the Constitution's Origination Clause provides that "All bills for raising Revenue shall originate in the House of Representatives". As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, when the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. The constitutional provision barring the Senate from introducing revenue bills is based on the practice of the Parliament of the United Kingdom, in which money bills approved by Parliament have originated in the House of Commons per constitutional convention.

Although the Constitution gave the House the power to initiate revenue bills, in practice the Senate is equal to the House in the respect of spending. As Woodrow Wilson wrote:

The Senate's right to amend general appropriation bills has been allowed the widest possible scope. The upper house may add to them what it pleases; may go altogether outside of their original provisions and tack to them entirely new features of legislation, altering not only the amounts but even the objects of expenditure, and making out of the materials sent them by the popular chamber measures of an almost totally new character.

The approval of both houses is required for any bill, including a revenue bill, to become law. Both Houses must pass the same version of the bill; if there are differences, they may be resolved by sending amendments back and forth or by a conference committee, which includes members of both bodies.

Checks and balances

The Constitution provides several unique functions for the Senate that form its ability to "check and balance" the powers of other elements of the federal government. These include the requirement that the Senate may advise and must consent to some of the president's government appointments; also the Senate must consent to all treaties with foreign governments; it tries all impeachments, and it elects the vice president in the event no person gets a majority of the electoral votes.

The Senate has the power to try impeachments; shown above is Theodore R. Davis's drawing of the impeachment trial of President Andrew Johnson, 1868

The president can make certain appointments only with the advice and consent of the Senate. Officials whose appointments require the Senate's approval include members of the Cabinet, heads of most federal executive agencies, ambassadors, justices of the Supreme Court, and other federal judges. Under Article II, Section 2, of the Constitution, a large number of government appointments are subject to potential confirmation; however, Congress has passed legislation to authorize the appointment of many officials without the Senate's consent (usually, confirmation requirements are reserved for those officials with the most significant final decision-making authority). Typically, a nominee is the first subject to a hearing before a Senate committee. Thereafter, the nomination is considered by the full Senate. The majority of nominees are confirmed, but in a small number of cases each year, Senate committees purposely fail to act on a nomination to block it. In addition, the president sometimes withdraws nominations when they appear unlikely to be confirmed. Because of this, outright rejections of nominees on the Senate floor are infrequent (there have been only nine Cabinet nominees rejected outright in United States history).

The powers of the Senate concerning nominations are, however, subject to some constraints. For instance, the Constitution provides that the president may make an appointment during a congressional recess without the Senate's advice and consent. The recess appointment remains valid only temporarily; the office becomes vacant again at the end of the next congressional session. Nevertheless, presidents have frequently used recess appointments to circumvent the possibility that the Senate may reject the nominee. Furthermore, as the Supreme Court held in Myers v. United States, although the Senate's advice and consent are required for the appointment of certain executive branch officials, it is not necessary for their removal. Recess appointments have faced a significant amount of resistance and in 1960, the U.S. Senate passed a legally non-binding resolution against recess appointments.

U.S. Senate chamber c. 1873: two or three spittoons are visible by desks

The Senate also has a role in ratifying treaties. The Constitution provides that the president may only "make Treaties, provided two-thirds of the senators present concur" in order to benefit from the Senate's advice and consent and give each state an equal vote in the process. However, not all international agreements are considered treaties under U.S. domestic law, even if they are considered treaties under international law. Congress has passed laws authorizing the president to conclude executive agreements without action by the Senate. Similarly, the president may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some scholars such as Laurence Tribe and John Yoo to suggest that they unconstitutionally circumvent the treaty-ratification process. However, courts have upheld the validity of such agreements.

The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting president of the United States is being tried, the chief justice of the United States presides over the trial. During an impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.

The House of Representatives has impeached sixteen officials, of whom seven were convicted (one resigned before the Senate could complete the trial). Only three presidents have been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021. The trials of Johnson, Clinton and both Trump trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.

Under the Twelfth Amendment, the Senate has the power to elect the vice president if no vice-presidential candidate receives a majority of votes in the Electoral College. The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. Electoral College deadlocks are rare. The Senate has only broken a deadlock once; in 1837, it elected Richard Mentor Johnson. The House elects the president if the Electoral College deadlocks on that choice.

Operator (computer programming)

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