Art. I, Sec. 3. The Senate

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Current through: the volume states no acts currency; this is its 2025 edition.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Editor's notes

The manner in which senators are “chosen” and vacancies filled, as prescribed by clauses 1 and 2 of this section, respectively, has been modified by U.S. Const., amend. 17. United States Const., amend. 14, sec. III, modifies clause 3 of this section by imposing additional, but probably anachronistic, disqualifying criteria.

Cross references

Factors disqualifying a person from nomination or election, §§ 21-2-7, 21-2-8.

Law reviews

For article analyzing constitutionally permissible modifications in qualifications established for representatives and senators, see 17 J. of Pub. L. 103 (1968). For article, “Chief Justice Burger and Extra-Case Activism,” see 20 J. of Pub. L. 533 (1971).

Other notes

Am. Jur. 2d.: 3B Am. Jur. 2d, Aliens and Citizens, § 1805. 3C Am. Jur. 2d, Aliens and Citizens, § 2189. 16A Am. Jur. 2d, Constitutional Law, § 243. 63C Am. Jur. 2d, Public Officers and Employees, § 210 et seq. 77 Am. Jur. 2d, United States, § 8.
C.J.S.: 3 C.J.S., Aliens, § 46. 3A C.J.S., Aliens, § 1631. 91 C.J.S., United States, §§ 16, 21, 58.

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Current through: the volume states no acts currency; this is its 2025 edition.

Text read from 1us-const-(v1)-2025-pdf.pdf, Volume V1, 2025 edition, pages 42 to 43; merge action: bound only; file SHA-256 3ba17b39ff61.

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