< Constitution of the United States | Art. I | Sec. 3(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Constitutional Law Treatise Table of Contents
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Constitutional Law Outline
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Introduction
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The Preamble
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Article I Legislative Branch
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Art. I, Section 1 Legislative Vesting Clause
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Art. I, Section 2 House of Representatives
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Art. I, Section 3 Senate
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Art. I, Section 4 Congress
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Art. I, Section 5 Proceedings
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Art. I, Section 6 Rights and Disabilities
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Art. I, Section 7 Legislation
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Art. I, Section 8 Enumerated Powers
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Art. I, Section 9 Powers Denied Congress
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Art. I, Section 10 Powers Denied States
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Article II Executive Branch
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Art. II, Section 1 Function and Selection
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Art. II, Section 2 Powers
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Art. II, Section 3 Duties
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Art. II, Section 4 Impeachment
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Article III Judicial Branch
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Art. III, Section 1 Vesting Clause
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Art. III, Section 2 Justiciability
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Art. III, Section 3 Treason
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Article IV Relationships Between the States
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Art. IV, Section 1 Full Faith and Credit Clause
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Art. IV, Section 2 Interstate Comity
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Art. IV, Section 3 New States and Federal Property
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Art. IV, Section 4 Republican Form of Government
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Article V Amending the Constitution
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Article VI Supreme Law
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Article VII Ratification
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First Amendment: Fundamental Freedoms
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Religion
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Establishment Clause
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Free Exercise Clause
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Free Speech Clause
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Freedom of Association
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Second Amendment: Right to Bear Arms
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Third Amendment: Quartering Soldiers
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Fourth Amendment: Searches and Seizures
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Fifth Amendment: Rights of Persons
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Sixth Amendment: Rights in Criminal Prosecutions
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Seventh Amendment: Civil Trial Rights
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Eighth Amendment: Cruel and Unusual Punishment
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Ninth Amendment: Unenumerated Rights
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Tenth Amendment: Rights Reserved to the States and the People
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Eleventh Amendment: Suits Against States
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Twelfth Amendment: Election of President
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Thirteenth Amendment: Abolition of Slavery
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Thirteenth Amend., Section 1 Prohibition on Slavery and Involuntary Servitude
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Thirteenth Amend., Section 2 Enforcement
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Fourteenth Amendment: Equal Protection and Other Rights
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Fourteenth Amend., Section 1 Rights
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Fourteenth Amend., Section 2 Apportionment of Representation
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Fourteenth Amend., Section 3 Disqualification from Holding Office
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Fourteenth Amend., Section 4 Public Debt
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Fourteenth Amend., Section 5 Enforcement
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Fifteenth Amendment: Right of Citizens to Vote
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Fifteenth Amend., Section 1 Right to Vote
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Fifteenth Amend., Section 2 Enforcement
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Sixteenth Amendment: Income Tax
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Seventeenth Amendment: Popular Election of Senators
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Eighteenth Amendment: Prohibition of Liquor
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Eighteenth Amend., Section 1 Prohibition
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Eighteenth Amend., Section 2 Enforcement of Prohibition
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Eighteenth Amend., Section 3 Ratification Deadline
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Nineteenth Amendment: Women's Suffrage
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Twentieth Amendment: Presidential Term and Succession
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Twentieth Amend., Section 1 Terms
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Twentieth Amend., Section 2 Meetings of Congress
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Twentieth Amend., Section 3 Succession
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Twentieth Amend., Section 4 Congress and Presidential Succession
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Twentieth Amend., Section 5 Effective Date
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Twentieth Amend., Section 6 Ratification
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Twenty-First Amendment: Repeal of Prohibition
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Twenty-First Amend., Section 1 Repeal of Eighteenth Amendment
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Twenty-First Amend., Section 2 Importation, Transportation, and Sale of Liquor
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Twenty-First Amend., Section 3 Ratification Deadline
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Twenty-Second Amendment: Presidential Term Limits
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Twenty-Second Amend., Section 1 Limit
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Twenty-Second Amend., Section 2 Ratification Deadline
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Twenty-Third Amendment: District of Columbia Electors
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Twenty-Third Amend., Section 1 Electors
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Twenty-Third Amend., Section 2 Enforcement
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Twenty-Fourth Amendment: Abolition of Poll Tax
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Twenty-Fourth Amend., Section 1 Poll Tax
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Twenty-Fourth Amend., Section 2 Enforcement
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Twenty-Fifth Amendment: Presidential Vacancy
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Twenty-Fifth Amend., Section 1 Presidential Vacancy
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Twenty-Fifth Amend., Section 2 Vice President Vacancy
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Twenty-Fifth Amend., Section 3 Declaration by President
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Twenty-Fifth Amend., Section 4 Declaration by Vice President and Others
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Twenty-Sixth Amendment: Reduction of Voting Age
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Twenty-Sixth Amend., Section 1 Eighteen Years of Age
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Twenty-Sixth Amend., Section 2 Enforcement
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Twenty-Seventh Amendment: Congressional Compensation
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Article I Legislative Branch
Section 3 Senate
Clause 5 Officers
Clause Text
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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.
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Article I, Section 3, Clause 5, provides for the Senate to choose officers[1] and a President pro tempore, who would serve as the President of the Senate when the Vice President of the United States is unable to fill that role.[2] Unlike the President of the Senate, who may only vote in the Senate when there is a tie, the President pro tempore may "vote upon all questions before the Senate."[3] The importance of the President pro tempore in the constitutional framework was underscored in 1792 when Congress provided for the President pro tempore to serve as President of the United States if neither the President nor the Vice President were able to do so.[4] Pursuant to the Succession Act of 1947, the President pro tempore is now third in the chain of succession to the presidency of the United States after the Vice President and Speaker of the House.[5]
Pursuant to Article I, Section 3, Clause 5, the Senate has discretion to choose and remove its officers.[6] In his Commentaries on the Constitution of the United States, Justice Joseph Story noted that the benefits of allowing the Senate to choose its officers and a President pro tempore were "so obvious, that it is wholly unnecessary to vindicate it."[7] He further stated: "Confidence between the senate and its officers, and the power to make a suitable choice, and to secure a suitable responsibility for the faithful discharge of the duties of office, are so indispensable for the public good, that the provision will command universal assent, as soon as it is mentioned."[8]
- ↑ Senate officers include the Secretary of the Senate, Sergeant at Arms and Doorkeeper, chaplain, and majority and minority party secretaries. Ida Brudnick, Cong. Rsch. Serv., R43532, Offices and Officials in the Senate: Roles and Duties (2015), [1]. See also Valerie Heitshusen, Cong. Rsch. Serv., RS20722, The First Day of a New Congress: A Guide to Proceedings on the Senate Floor (2020), [2].
- ↑ For additional discussion on the role of the President pro tempore, see Christopher Davis, Cong. Rsch. Serv., RL30960, The President Pro Tempore of the Senate: History and Authority of the Office (2015), [3].
- ↑ Roger Foster, Commentaries on the Constitution of the United States, Historical and Juridical, with Observations upon the Ordinary Provisions of State Constitutions and a Comparison with the Constitutions of Other Countries § 84 (1895). See also Art. I, Sec. 3, Clause 4 President.
- ↑ Act of Mar. 1, 1792, ch. VIII, § 9, 1 Stat. 240 (providing that "in case of removal, death, or inability of both the President and the Vice President of the United States, the President of the Senate pro tempore, and in the case there shall be no President of the Senate, then the Speaker of the House of Representatives shall act as President of the United States until the disability be removed or a President shall be elected.").
- ↑ Christopher Davis, Cong. Rsch. Serv., RL30960, The President Pro Tempore of the Senate: History and Authority of the Office (2015), [4]. The Succession Act of 1886 replaced the President pro tempore and Speaker of the House of Representatives with members of the President's cabinet in the order in which their respective departments had been established. Act of Jan. 19, 1886, ch. 4, § 1, 24 Stat. 1.
- ↑ Roger Foster, Commentaries on the Constitution of the United States, Historical and Juridical, with Observations upon the Ordinary Provisions of State Constitutions and a Comparison with the Constitutions of Other Countries § 85 (1895).
- ↑ Joseph Story, Commentaries on the Constitution of the United States § 739 (1833).
- ↑ Id.