Power in the Senate is not as clearly defined as it is in the House, and it is much more widely dispersed. Although the Constitution makes the vice president of the United States the president of the Senate, the real power is held by the majority and minority leaders who dictate legislative agenda. The party whips are the senators who ensure good communication among party members and work with the party leaders to urge members to vote with the party on key issues. Due to their key role, the whips retain a great deal of power, as well. As in the House, committee and sub-committee chairpersons also command significant power.

The Constitution delegates specific powers to the Senate. The power of confirmation gives the Senate particular authority and influence over the president and the executive department. The Senate has the power to confirm the most important presidential appointments, including major heads of bureaucratic agencies, federal judges (including Supreme Court Justices), and top advisors in the executive office. Senate hearings usually precede confirmations in the appropriate committee. For example, the Justice Department Committee reviews the appointment of federal judges through interviews and public hearings. “Senatorial courtesy” is the practice whereby the president, before making a judicial appointment in a particular state, ensures that the senators from that state support the nomination. When a candidate has made it through committee approval, a simple Senate majority is required to confirm the appointment. The Senate also has the right to confirm treaties and try impeached officials. A two-thirds vote is required for a treaty confirmation or to convict an impeached official.

Senate committees operate similarly to the House committees. The Senate has 16 standing committees that are further divided into subcommittees. Examples of Senate committees include the Armed Services Committee, the Foreign Relations Committee, and the Environment and Public Works Committee. Members of the Senate also serve on joint, conference, and select committees. As in the House of Representatives, senators try to serve on committees that will allow them to affect legislation that will impact their home state. For example, a Nebraska senator will seek a seat on the Agricultural Committee. Senators will also seek seats on the so-called “power” committees (Appropriations, Armed Services, Judiciary, and Finance) to gain personal prestige and help affect national policy.

The Senate is different from the House in how it conducts business and determines legislation. Historically, the Senate has held itself out to be a contemplative body that is willing to spend more time discussing legislation. Unlike the House, the Senate has open and unrestricted debate on bills. In fact, one unique strategy used by senators to block legislation is the filibuster. A filibuster occurs when opponents of a proposed piece of legislation debate the topic as long as possible to prevent the Senate from voting on the bill. By refusing to sit down, a senator, or group of senators, can literally “talk a bill to death.” Unwilling to yield the floor, the senators can force a motion that will end proceedings on the bill. The longest filibuster was over 24 hours long and was carried out by South Carolina Senator Strom Thurmond during a debate on a civil rights bill in the 1950s. The filibuster failed, and the bill was made law in spite of Senator Thurmond’s efforts.

Despite its power, the filibuster can be deterred. A motion for cloture, or a vote to limit debate and end a filibuster, can be entertained in the Senate. Senators voting on cloture usually vote along strict partisan lines, and as it requires a three-fifths majority (or 60 votes) to pass, parties that call for cloture seldom succeed. The filibuster was once an extraordinary tactic that senators used sparingly and seldom. However, it has become a common method used to defeat presidential appointments and legislation that has the potential to split party loyalties. Many have sought to change the rules to make filibustering difficult to enact.

Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education