The Founding Fathers embarked on the crucial task of establishing a new government in 1789. Their vision was deeply rooted in revolutionary-era republican ideals, which rejected the notion of a powerful central authority that could coerce or control citizens. This fundamental principle stemmed from a desire to break away from the monarchical system that had prompted the American Revolution in the first place. The Founding Fathers sought to create a government that would protect individual liberties and prevent the concentration of power that characterized the British rule they had fought against.

The resulting political framework has demonstrated remarkable longevity. The United States is now the world’s oldest continuous democracy, with its political institutions and traditions having withstood numerous challenges over more than two centuries. This enduring stability is a testament to the foresight of the nation’s founders and the adaptability of the system they created.

The Constitution is based on the separation of powers, dividing authority among three distinct branches: legislative, executive, and judicial. It aims to distribute power effectively while safeguarding citizens’ rights. Checks and balances prevent any single branch from accumulating excessive political power. By allowing each branch to oversee and limit the actions of the others, a robust framework emerges, intended to resist tyranny and protect democratic principles. Each branch is endowed with specific powers and responsibilities designed to work together in concert. To learn more, see The Policy Circle’s Constitution Brief.

The Senate and House of Representatives comprise the United States Congress, which serves as the legislative branch of our government. Operating out of The Capitol building in Washington D.C., the legislative branch passes and deliberates on all laws, can declare war, regulates interstate and foreign commerce, and controls taxes and spending through budgeting and appropriations.

Congress’s power over the federal budget means it can tax and spend public money for the national government. It also means that Congress can block activity by refusing to authorize public funding for an agency, program or entity. The Senate in particular was designed to serve as a counterbalance to the House of Representatives and as a brake on executive power from the president.

CrashCourse U.S. Government and Politics, produced in collaboration with PBS, explains the Bicameral Congress (9 min).

As the upper chamber of Congress, the Senate is designed to provide a more deliberative approach to legislation than the House of Representatives. Senators serve staggered six-year terms, allowing for continuity and stability within the legislative process. To learn more about the other half of Congress, see The Policy Circle’s House of Representatives Brief.

The unique power of the Senate contributes to its function as a check on the executive branch, including the authority to confirm presidential appointments to key positions, such as cabinet members and federal judges, as well as the power to ratify treaties negotiated by the president.

The Senate is tasked with conducting impeachment trials for federal officials, including the president, thereby playing a vital role in maintaining accountability within the government. Through these responsibilities, the Senate helps ensure that legislation is thoughtfully considered and that the rights of both states and individuals are protected within the broader framework of American democracy.

WHY IT MATTERS

The Senate plays a crucial role in the American political system, counterbalancing the House of Representatives and the executive branch. While the House often reflects immediate public sentiments, the Senate provides a more measured, long-term perspective on legislation and governance. The Senate’s unique powers—including confirming presidential appointments, ratifying treaties, and conducting impeachment trials—make it key in shaping national policy and maintaining checks and balances fundamental to American democracy.

Understanding the Senate’s function is critical for citizens engaging with their government. Its equal representation of states protects the interests of less populous areas, while its role in confirming federal judges, including Supreme Court Justices, has lasting generational impacts.

In an era of political polarization, the Senate’s tradition of debate and compromise becomes even more crucial. It serves as a stabilizing force and encourages bipartisan cooperation. By understanding how the Senate operates, citizens can participate more effectively in the democratic process through voting, advocacy, or direct engagement with their elected representatives.

The Senate consists of 100 members—two from each state, regardless of population size. This unique structure ensures equal representation for all states, contrasting with the population-based allocation in the House of Representatives. A senator must be at least 30 years old, a citizen of the United States for at least nine years, and a resident of the state they represent. They serve staggered six-year terms, with only one-third of the seats up for election every two years. This provides stability and continuity to the legislative process. Compared to the 435-member House, the smaller size allows for more deliberative debate and individualized attention to legislative matters.

ELECTIONS

Selecting Senators underwent significant changes in the late 19th and early 20th centuries. Initially, state legislatures were responsible for appointing Senators, but this system began to falter in the 1850s. The selection process became marred by corruption, with intimidation and bribery occurring in various states. Between 1891 and 1905, the situation deteriorated further, resulting in 45 deadlocks across 20 states. The problem reached a critical point in 1899 when Delaware’s legislature failed to elect a Senator for four years, leaving the state without representation in the Senate.

“Administrations come and go, Houses assemble and disperse, Senators change, but the Senate is always there in the Capitol, and always organized, with an existence unbroken since 1789…”

HENRY CABOT LODGE

These issues prompted a push for reform, culminating in the ratification of the 17th Amendment to the Constitution in 1913, which directed the popular election of Senators. It aims to curb the influence of special interests and corrupt state legislators on the federal government. It also marked a significant shift in American democracy by giving citizens a more direct voice in choosing their Senators.

LIFE OF A SENATOR

A senator generally carries more power than the average individual member of the House because they represent an entire state versus one district within a state. Thus, in most cases, a senator is responsible for more constituents than a House member – except in the states where Senators outnumber House Representatives, as is the case in Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming. Because there are fewer of them, senators can bring more attention, more easily, to a particular issue than their House counterparts.

The day-to-day activities of a senator are not entirely different from those of a House representative. They spend their days meeting with constituents, discussing policy issues in committee meetings, and making public appearances to convey their message to the public. The House of Representatives passes legislation more frequently, while senators spend less time voting on the Senate floor and more time negotiating compromises before a bill goes to a vote.

COMPENSATION

Senators, like their House counterparts, receive an annual salary of $174,000, a figure that has remained unchanged since January 2009. This compensation is determined by Congress itself, as mandated by Article I, Section 6 of the Constitution. The Ethics Reform Act of 1989 established an automatic adjustment formula based on changes in private sector wages, though this has not been applied in recent years. Leadership positions in the House command higher salaries, with the majority and minority leaders earning $193,400 annually, while the Speaker of the House receives the highest salary at $223,500. 

Beyond their base pay, representatives are entitled to various benefits, but they must adhere to strict regulations regarding the acceptance of gifts, especially from registered lobbyists or entities employing lobbyists.

The framers designed the Senate to create a legislative body that would serve as a bulwark for individual states’ rights within the newly empowered federal system. The Senate was also conceived as a safeguard for minority opinions, ensuring less populous states and minority viewpoints would have a strong voice in the national government.

The Senate has several key functions, the first of which is to legislate. In relation to that duty and its budgetary authority, it also, with the House, oversees the executive branch and federal agencies. In addition, it is uniquely and solely responsible for impeachment trials, presidential appointment confirmations, and treaty ratifications.

IMPEACHING HIGH OFFICIALS

Article I, Section 3, Clause 6 of the Constitution states: “The Senate shall have the sole power to try all Impeachments… And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

The Senate presides over impeachments of the president or other high officials and can remove them by a two-thirds vote. An official is impeached once the House votes to approve an article of impeachment. The House then sends an indictment – the articles of impeachment – to the Senate, which forms itself into a jury.

If the official accused is below the president’s level, the vice president acts as the presiding officer. However, if the president is being impeached, the Chief Justice of the United States presides over the Senate proceedings. The Senate could vote to acquit the accused official, but if they convict, that official is removed from office. The Senate may also vote to disqualify the convicted official from holding future federal offices. Following removal, the individual becomes subject to regular criminal prosecution, if applicable.

PRESIDENTIAL APPOINTMENT CONFIRMATIONS

Article II, Section 2, Clause 2 of the Constitution states, “[The president] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States.”

The Senate’s involvement in appointments emerged as a compromise during the Constitutional Convention. Some of the framers advocated for the president to have exclusive appointment power, while others argued for this authority to rest entirely with the Senate. The resulting system, which requires both presidential nomination and Senate confirmation, reflects a balance between these competing views and serves as another example of the checks and balances built into the U.S. government structure.

TREATY RATIFICATION

Article II, Section 2, Clause 2  states that the president “shall have Powers, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.”

Initially, the Continental Congress dispatched agents to negotiate treaties, which could only be approved if nine of the 13 states consented. The individualized nature of the process, complicated by the fact that states could also enter into treaties themselves, made that particular system inefficient.

The framers sought to streamline the treaty-making process while maintaining safeguards against unchecked executive power. They debated various approaches, initially considering granting the Senate sole authority over treaties. However, they ultimately settled on a compromise that divided the treaty-making power between the president and the Senate.

The Constitution empowers the president to negotiate and sign treaties but requires the advice and consent of two-thirds of Senators present for ratification. This system aimed to balance efficiency with the need for broad consensus, ensuring that treaties would have strong backing from both the executive branch and state representatives in the Senate.

THE VICE PRESIDENT

The vice president is designated as the ex-officio President of the Senate. They preside over the proceedings, although the vice president cannot vote in the Senate (except to break a tie) or formally address the Senate without the senators’ permission.

From John Adams to Richard Nixon, the chief function of vice presidents was presiding over the Senate. They had an office in the Capitol, received staff support and office expenses through legislative appropriations, and rarely were invited to participate in cabinet meetings or other executive activities.

In 1961, Vice President Lyndon B. Johnson changed the vice presidency by moving his chief office from the Capitol to the White House, directing his attention to executive functions, and attending Senate sessions only at critical times when his vote or ruling might be necessary. Vice presidents since Johnson’s time have followed his example.

PRESIDENT PRO TEMPORE

The president pro tempore presides over the Senate in the vice president’s absence and is third in the line of succession to the presidency, behind the vice president and Speaker of the House. The Senate elects one senate member to serve as president pro tempore.

Since 1945, traditionally, the president pro tempore of the Senate has been the most senior member of the majority party. The president pro tempore usually retains the office until there is a change in party control of the Senate, they retire, or they are no longer a senator, as there are no term limitations for this position.

MAJORITY AND MINORITY LEADERSHIP

The political party with over 50% of the Senate seats holds the majority and is, therefore, empowered to fill the position of Senate majority leader. Members of his/her party elect the majority leader via secret ballot. The position serves as a spokesperson for the party’s positions on relevant issues and works with committee chairs and ranking members to schedule the daily legislative floor agenda.

The “right of first recognition” enables the majority leader to speak before any other senator regarding legislation. It is the foundation for centralized party leadership in the modern Senate, giving the majority leader significant influence over the institution’s proceedings.

Party floor leadership positions do not come from the Constitution but gradually developed and were first implemented in the early 20th century. For this reason, party floor leaders have significant responsibilities but few specific powers.

DID YOU KNOW?

Understanding the Senate’s legislative process provides valuable insights into the nuances of American democracy and the art of political negotiation. For those interested in policy-making, studying Senate procedures reveals how individual senators can influence national legislation, even from the minority party. Learning about the Senate’s unique rules, such as the filibuster and cloture, illustrates how the chamber balances the need for debate with the pressure to pass legislation efficiently.

DRAFTING AND INTRODUCING LEGISLATION

In the Senate, drafting and introducing legislation begins with an idea, which can come from Senators, constituents, or advocacy groups. Senators typically work with the nonpartisan Senate Office of the Legislative Counsel to craft precise language for their proposals, considering existing law and addressing potential legal challenges.

Once drafted, a Senator introduces the bill by submitting it to clerks on the Senate floor while the Senate is in session. The bill then receives a number starting with “S.” for Senate bills. Unlike in the House, Senate bills are usually referred only to the committee with jurisdiction over the bill’s predominant issue rather than multiple committees. This process marks the beginning of a bill’s journey through the Senate’s deliberative legislative process.

COMMITTEES

Like the House, the Senate operates through a committee system allowing for in-depth study of specific issues. These committees allow senators to develop expertise in particular areas under the committee’s jurisdiction.

The primary functions of these committees include overseeing ongoing government operations, identifying topics that require legislative attention, collecting and assessing relevant information, and proposing recommendations for action to the full Senate. This structure enables the Senate to efficiently manage its legislative responsibilities and thoroughly examine complex policy matters.

Before the start of each new Congress, party conferences convene to determine committee assignments based on the party’s allotted seats. In the Senate, there are three types of committees:

• Standing Committees: Permanent bodies with specific responsibilities and jurisdictions;
• Special/Select Committees: Have a clearly specified purpose and often expire after submitting a final report;
• Joint Committees with the House of Representatives: Covers basic housekeeping functions and studies that must be done together.

There are 16 standing committees, 4 special/select committees, and 4 joint committees.

The House and Senate study many similar issues but sometimes have different titles. For example, the House Ways and Means Committee and Senate Committee on Finance cover topics similar to those of the House Committee on Foreign Affairs and the Senate Foreign Relations Committee.

DID YOU KNOW?

The few restrictions on committee membership are intended to treat senators equitably in the assignment process. When a state is represented by two senators from the same party, they may not serve together on the same committee. Additionally, each senator is limited to service on two of the “A” committees and one of the “B” committees. Service on “C” committees is unrestricted.

More prestigious memberships on “A” committees are generally more powerful and are, therefore, an advantageous platform for potential political fundraising. For example, a senator on the Appropriations Committee has more power over what programs get what level of funding.

For a full list of committees and their classifications, see this Congressional Research Service report.

PASSING LEGISLATION

When a bill is introduced, the Senate Parliamentarian assigns it to one of the standing committees. During each two-year congressional session, approximately 3,000 bills and resolutions are referred to these committees. However, only a small proportion are acted upon, as some aim to highlight issues or gauge future support.

The committee process begins with an in-depth study of the bill, including hearings where various witnesses testify. These may include members of Congress, administrative officials, business representatives, and members of the public.

Following the hearings, the committee conducts a “mark-up” session, where members debate, modify, and ultimately vote on the bill, similar to the process in House committees. Bills that pass this stage are then released to the full Senate for consideration. On average, about 500 bills and resolutions make it through this process to be reported to the Senate floor.

FLOOR DEBATE

Unlike the House, the Senate lacks a rules committee to manage floor procedures, reflecting its intended role as a more open, deliberative body. Senators can offer amendments unrelated to the underlying bill, potentially altering the legislative agenda. This structure allows any senator to significantly influence proceedings by introducing amendments and forcing debates, which can complicate bill passage. While promoting thorough debate, this system can make achieving consensus and passing legislation in the Senate particularly challenging.

During a typical floor debate on an individual piece of legislation, every senator is allowed to speak for or against a bill, and each has the right to unlimited debate. To ensure legislation continues to move in a timely fashion, the Senate works out unanimous consent agreements that set parameters around debates.

Non-controversial bills can also be “hotlined,” meaning the majority and minority leaders—after consulting with their Senate colleagues—agree to pass the legislation by unanimous consent and without a roll-call vote. This saves time and moves legislation more quickly.

MOTION TO PROCEED

The Senate must first agree to consider a piece of legislation by voting on a motion to proceed, which requires 60 votes. The majority leader attempts to get all senators to agree by unanimous consent to take up the bill he wishes to have debated. If senators withhold their consent, they implicitly threaten extended debate on considering the bill. Senators may do this because they oppose the bill or wish to delay consideration of one measure in the bill in the hope of influencing the fate of some other, possibly unrelated, measure.

Senators can also place a hold on a bill, asking their party’s floor leader to object on their behalf to any unanimous consent request to consider the bill, at least until they have been consulted.

FILIBUSTER

A filibuster is a method of extending debate by introducing extraneous or unrelated issues to legislation, appointments, or other issues that the Senate is debating. It was conceived as a mechanism to ensure that any senator could speak at length on any issue they deemed important. This practice allows for unlimited debate, effectively preventing a bill from progressing as long as a senator continues to hold the floor. While not mentioned in the Constitution, it evolved from a rule change in 1806 and became a recognized tactic by 1863.

During the 19th century, the Senate adopted a hands-off approach to ending filibusters, leaving it to the filibustering senators’ discretion. These senators would typically relinquish the floor once they felt their points had been sufficiently made, allowing the debate to conclude and the matter to proceed to a vote. This system emphasized the importance of thorough discussion and the right of individual senators to voice their concerns, even if it meant delaying legislative action.

The record for the longest individual speech goes to South Carolina’s J. Strom Thurmond, who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.

DID YOU KNOW?

Understanding the Senate’s unique role in American democracy underscores the importance of citizen engagement with this crucial institution. By grasping the Senate’s functions, powers, and processes, citizens can more effectively participate in shaping national policy and holding their representatives accountable. Staying informed about your senators’ positions and voting records, participating in town halls or other public forums, and communicating your views through letters, calls, or in-person meetings with Senate offices are all powerful ways to engage with the legislative process.

The Policy Circle encourages active civic participation by providing the tools and knowledge to engage meaningfully with the Senate. Every citizen has the power to influence the legislative process, whether through voting, advocacy, or direct communication with senators and their staff. By leveraging this understanding of the Senate’s role, individuals can contribute to the tradition of debate and compromise essential for addressing the complex challenges facing our nation.

Measure & Identify: Who influences policy that affects your state, county, or community? Learn about their priorities and consider how to contact them.

• Do you know who your Senator is? Find out who they are and what committee(s) they serve on.
• Find out what bills your senators have sponsored, and track their votes with GovTrack.

Reach Out: You are a catalyst. Finding a common cause is a great opportunity to develop relationships with people outside of your immediate network. All it takes is a small team of two or three people to set a path for real improvement. The Policy Circle is your platform to convene with experts you want to hear from.

• Find allies in your community or nearby towns and elsewhere in the state.
• Foster collaborative relationships with colleagues, neighbors, friends, and local organizations to mobilize an effort to bring attention to your issue to your local Congressional office. Contact community leaders to educate them and request their engagement on the issue.

Plan: Set some milestones based on the legislative calendar for the Senate.

• Don’t hesitate to contact The Policy Circle team, [email protected] for connections to the broader network, advice, and insights on how to build rapport with policymakers and establish yourself as a civic leader.

Execute: Give it your best shot. You can:

• Apply for The Policy Circle’s CLER Program to join a community of like-minded women learning better skills to be effective business and civic leaders in their communities.
• Research: Make sure you know the facts about your issue. Government agencies, think tanks, and media outlets can all be good resources. Remember to research all sides of the issue to understand various angles. You can also talk with people who are affected by the issue you are concerned about; anecdotal information combined with measured data can be powerful.
• Write: Although we may be more inclined to email in the digital age, writing an old-fashioned letter to your local elected representatives or members of Congress is still one of the most effective ways to influence lawmakers.
  • See these tips for step-by-step instructions on how to write letters to elected officials, including how to address your representative, reference specific legislation, and properly send your correspondence.
  • See these tips on making an appointment with your senator or their staff, what to expect, and how to prepare.
• Organize: Gather people to call in, follow up on written material, and educate other community members on the issue. Demonstrating wide support can effectively influence a legislator to support your position.

• Senate.gov
• GovTrack
• Ballotpedia
• American Enterprise Institute: Understanding Congress