When writing the U.S. Constitution, which was ratified in 1787, the authors actually went back to the drawing board and created a bicameral legislature.
It was modeled after similar forms of government in Europe that date back to the Middle Ages. Notably, from their perspective, England had a bicameral parliament as early as the 17th century.
The Constitution established two chambers of Congress, with the Senate consisting of two members from each state appointed for six-year terms, and the House of Representatives consisting of different members from each state, depending on population, elected for two-year terms. .
Importantly, the Constitution originally provided that while the members of the House of Representatives were elected by the citizens of each state (i.e., those eligible to vote), the members of the Senate were instead appointed by the individual legislatures of the 13 states.
This was the case until 1913, when the 17th Amendment to the Constitution was passed, which effectively changed the process to what it is today, with senators elected to six-year terms by the citizens of their respective states.
What does a senator do?
The original framers intended the House to focus on more immediate, day-to-day issues, while the Senate was to be a more policy-oriented advisory body. However, these distinctions have generally blurred over the decades, and now both chambers have the same amount of power and essentially the same responsibilities.
Nevertheless, the Senate plays a unique role in the functioning of the US government. For example:
Impeachment: while the House of Representatives initiates impeachment proceedings against government officials, including the President, it is the Senate that investigates charges and tries cases against officials, effectively acting as prosecutor and jury. Since 1789, the Senate has tried 20 federal officials, including three presidents.
Cabinet ministers, ambassadors, and judges: The president has the power to appoint members of his presidential cabinet (including the secretaries of various agencies of the federal government), U.S. ambassadors to foreign countries and the United Nations, and Supreme Court justices and other federal judges. However, the Senate has the power to review and confirm these appointments. Appointees who do not receive Senate confirmation cannot hold office.
Treaties: Although the president has the power to negotiate and conclude treaties with foreign governments, the Senate must ratify these agreements, and this body has the power to amend treaties if it deems necessary.
Convictions and expulsions: Article 1, Section 5 of the US Constitution grants both houses of Congress the power to punish members for “disorderly conduct.” In the Senate, members can be “censured” (a formal term essentially meaning convicted or sentenced), which is a formal disapproval. The Senate, by a two-thirds majority, can also vote to expel a member for disorderly conduct, which is a much harsher punishment. Since 1789, the Senate has censured nine members and expelled 15.
Filibuster and Cloture: The procedure known as the filibuster – essentially open debate used to delay or block a vote on a bill – has been used many times throughout history. In 1957, Senator Strom Thurmond famously filibustered for over 24 hours in an attempt to delay a vote on that year’s Civil Rights Act. His flibuster included a full reading of the Declaration of Independence. Since 1917, with the adoption of Rule 22, the Senate has been able to vote to end debate by a two-thirds majority in a procedure known as cloture. In 1975, the Senate amended the cloture rule to allow the tactic to be enacted by a three-fifths majority (60 out of 100 members).
Investigations: Both chambers of Congress can conduct formal investigations into wrongdoing by the executive branch (the president and/or his cabinet), as well as other officials and agencies. One of the most famous Senate investigations concerned the Watergate scandal, which led to the impeachment of President Richard M. Nixon in 1974.
Competitive elections: The Constitution also grants each house of Congress the power to judge “the Elections, the results of Elections, and the Qualifications of its Members.” Since 1789, the Senate has developed procedures for assessing the qualifications of its members and conducting competitive elections.
