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美国宪法原文和解读(二)

2016-02-15 12:00 纠错

Section 3. The Senate

Clause1. Term and Number of Members 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.

Every state has two senators, each of whom serves for six years and has one vote in the upper chamber. Since the Seventeenth Amendment in 1913, all senators have been elected directly by voters of the state during the regular election.

Clause2.Classification of Senators 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.

One-third of the Senate‘s seats are open to election every two years (in contrast, all members of the House are elected simultaneously)

Clause3. Qualifications 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.

Every senator must be at least thirty years old, a citizen of the United States for a minimum of nine years, and a resident of the state in which he or she is elected.

Clause4. The Role of Vice President The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The vice president presides over meetings of the Senate but cannot vote unless there is a tie. The Constitution gives no other official duties to the vice president.

Clause5. Other Officers the Senate shall choose 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 votes for one of its members to preside when the vice president is absent. This person is usually called the president pro tempore because of the temporary nature of the position.

Clause6. Impeachment Trials 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.

The Senate conducts trials of officials that the House impeaches. The Senate sits as a jury, with the vice president presiding if the president is not on trial.

Clause7. Penalties for Conviction 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.

On conviction of impeachment charges, the Senate can only force an official to leave office and prevent him or her from holding another office in the federal government. The individual, however, can still be tried in a regular court.

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