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Parliament name Congress More photos  >>> Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives Affiliation to the IPU No Affiliation date(s) 1889 - 2003 LEADERSHIP President Daniel K. Inouye (pro tempore) (M) Joseph R. Biden, Jr. (M)  Notes President of the Senate: Mr. Joseph R. Biden, Jr. (20 Jan. 2009 -) President pro tempore: Mr. Daniel K. Inouye (28 June 2010 -) Secretary General Nancy Erickson (F)  COMPOSITION Members (statutory / current number) 100 / 100 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 17 (17.00%) Mode of designation directly elected 100 Term 6 years; one-third of the membership is renewed every 2 years Last renewal dates 2 November 2010 (View details) CONTACT INFORMATION Address U.S. Senate The Capitol - WASHINGTON D.C. 20510 (Export mailing lists) Phone (1202) 224 3622 Fax (1202) 224 2373 E-mail Website http://www.senate.gov

Parliament name Congress Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives LEGAL FRAMEWORK Electoral law 1 January 1900 Last amendment: 20/05/1993 Mode of designation directly elected 100 Constituencies 50 multi-member constituencies (two seats each) corresponding to the country's 50 states Voting system Majority: Simple majority vote except in the State of Georgia where a run off is held if no candidate receives an absolute majority. If a seat becomes vacant between general elections, the Governors in 49 of the 50 States may, through a temporary appointment, fill it either for the balance of the term, or until the next general election, when a special election is held, depending on State requirements. One State (Oregon) requires that Senate vacancies be filled only by special election. Voting is not compulsory. Voter requirements - age: 18 years - US citizens who "in each State, shall have the qualifications requisite for electors of the most numerous branch of the State legislature" - the determination of who may vote falls under the jurisdiction of each State - absentee registration and voting mandated by federal law for certain groups of citizens (e.g. armed forces and merchant marine personnel, their spouses and dependants, private citizens residing outside the United States and government employees) - disqualifications: convicted felons, the mentally incompetent (most States) CANDIDATES Eligibility - qualified electors - age: 30 years - citizenship for at least 9 years - residence in the State where running Incompatibilities - any civil office under the authority of the United States Candidacy requirements - nomination as a result of "nominating", or primary, elections of parties is the practice in most States; it is regulated by state law - number of voters whose support is necessary to qualify as a candidate in either a party's primary or in a general election, and the necessity or amount of an accompanying filing fee, vary according to state law.

Parliament name Congress Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives BACKGROUND Dates of election / renewal (from/to) 2 November 2010 Timing and scope of renewal Elections were held for one-third of the seats of the Senate on the normal expiry of the members' term of office. At stake in the 2010 midterm elections were all 435 seats in the House of Representatives and 37 seats in the 100-member Senate (see note). In the previous elections held in November 2008, in parallel with the presidential elections, the Democrats won 257 seats in the House of Representatives while the Republicans took 178. In the Senate elections, the Democrats won 20 seats, bringing their total to 59 seats (including support from two independents), thus narrowly failing to win the 60 seats required to avoid filibustering (the use of procedural hurdles to obstruct the passage of legislation). The Republicans took 15 seats in 2008, holding 41 seats in all. In the presidential elections, Mr. Barack Obama secured 53 per cent of the popular vote (and 365 votes in the electoral college), thereby becoming the first African American to accede to the highest office in the United States. President Obama was elected on his pledge to restore the country's economy. In February 2009, the Democrat-led Congress passed a US$ 787 billion economic stimulus bill that was opposed by the Republicans. In March 2010, Congress passed a health care reform bill, opposed by Republicans and some Democrats, which President Obama signed into law later the same month. The reform aims to extend medical coverage to some 30 million uninsured persons by 2014 and prohibit insurers from refusing coverage to persons with medical problems. Democrats hailed the law as a historic act while Republicans argued that the plan would lead to a government takeover of the country's private health care system and would result in higher premiums and taxes. The economy, health care reform and the federal deficit remained the major issues in the 2010 elections. Both the Democrats and Republicans promised to create more jobs, and make the country's economy more competitive. Although official statistics showed that the country's recession ended in June 2010, the unemployment rate remained high, at 9.6 per cent in September 2010, up from 6.2 per cent in September 2008. The federal budget deficit is expected to reach US$ 1.56 trillion in 2010, up from a record $ 1.41 trillion in the 2009 fiscal year. The Democrats were reportedly losing ground due to the country's economic difficulties. The Republicans pledged to reduce the size of federal government, stop its "out-of control spending" and repeal "the government takeover of health care". House Republican leader John Boehner, who was aspiring to become the new House Speaker, promised to cut spending and keep taxes at current levels. Republican Whip Eric Cantor launched the "YouCut" programme, whereby people can vote online to identify the spending cuts they want to see the House enact (with a view to implementing them in the federal budget). The election campaign revealed dissent among the Democrats. Few candidates openly defended the health care reform, with some emphasizing that they had opposed the bill. A number of Democratic candidates and incumbents in Republican-leaning districts reportedly distanced themselves from outgoing Speaker Nancy Pelosi. Her crucial role in the passage of the health care reform and her support for extending federal funding for abortions made her a target of attacks from conservatives. President Obama and Vice President Biden for their part urged voters' support for Democrats, arguing that it would be destructive and irresponsible to let Congress fall back into the hands of Republicans. Prior to the 2010 elections, a grass-roots conservative movement emerged, known as the Tea Party. It favours limited government, low taxes and reduced public spending. The Tea Party, which has not officially been registered as a political party, included prominent Republican figures such as former vice-presidential candidate Ms. Sarah Palin, Senator Jim Demint, former House Republican leader Dick Armey and House member Michelle Bachmann. Ms. Bachmann helped create the Tea Party Congressional Caucus comprising 52 of the 178 House Republicans. In the 2010 elections, 138 Tea Party-backed candidates (129 for the House and nine for the Senate), all Republicans, were vying for seats. The elections to the House of Representatives resulted in the largest swing since 1948, giving a resounding victory for the Republicans. They took 242 of the 435 seats at stake, up from 178 in 2008, while the Democrats' share was reduced from 257 to 193. In the Senate elections, the Democrats narrowly retained their majority, winning 13 seats, bringing their total to 53 (including support from two independents), while the Republicans won 24 seats, to hold 47 seats in all. Unofficial sources indicated that around 70 candidates endorsed by the Tea Party movement were elected to Congress. The newly elected Congress was convened on 5 January 2011. The House elected Mr. John Boehner (Republican) as its new Speaker. Vice President Biden (Democrat) and Daniel K. Inouye (Democrat) continue to serve as President and President pro tempore of the Senate. Note: 34 seats were renewed upon the normal end of the senators' term of office. Three other seats in Delaware, New York and West Virginia were subject to special elections after they had been vacated by Mr. Joseph Biden (elected US Vice-President), Ms. Hillary Clinton (appointed as Secretary of State) and Mr. Robert Byrd, who passed away in June 2010. STATISTICS Voter turnout Round no 1 2 November 2010 Number of registered electors Voters Blank or invalid ballot papers Valid votes Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Democratic Party Republican Party Independents Distribution of seats Round no 1 Political Group Total of seats Seats 2010 Number of women Democratic Party 51 13 12 Republican Party 47 24 5 Independents 2 0 0 Distribution of seats according to sex Men Women Percent of women 32 5 13.51% Distribution of seats according to age Distribution of seats according to profession Comments Note on the "Distribution of seats according to sex": The "Distribution of seats according to sex" above shows the breakdown for the senators elected in 2010: 5 women of 37 senators, or 13.51%. After the 2010 elections, there were 17 women in all out of 100 senators, or 17.00%. Sources: US Congressional Research Service, Library of Congress (23.11.2010, 24.11.2010) http://www.senate.gov/pagelayout/reference/two_column_table/Class_III.htm

Parliament name Congress Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives APPOINTMENT AND TERM OF OFFICE Title President of the Senate Term - duration: 4 years (begins on 20 January of the year after a presidential election year) - reasons for interruption of the term: resignation, removal if convicted by a two-thirds majority of the Senate on charges of treason, bribery, or high crimes and misdemeanours, death Appointment - the Vice President of the United States of America is ex officio President of the State - elected by the Electoral College at the same time as the Head of State Eligibility - any citizen of at least 35 years of age, a natural born citizen and 14 years a resident of the United States Voting system - formal vote by secret ballot - an absolute majority is required Procedures / results - the election must be formally confirmed by Congress STATUS Status - ranks second in the hierarchy of State - may act as Head of State in the latter's absence - has precedence over the Speaker of the House of Representatives - the President of the Senate and the Speaker of the House co-chair joint sittings of both Chambers - may represent the Senate in international bodies - in the absence of the President, a pro tempore President elected by the Senate can assume his/her role and functions Board Material facilities - allowance of the President of the Senate: US$ 171,500/yr - special allowance for staff salaries. etc.: US$ 1,513,000 - official residence - official car - secretariat - bodyguards FUNCTIONS Organization of parliamentary business - examines the admissibility of bills and amendments in a few very specific cases Chairing of public sittings - can only open, adjourn and close sittings on the order of the Senate - ensures respect for provisions of the Constitution and Standing Orders - takes disciplinary measures in the event of disturbance, and lifts such measures - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities in specific cases set out in the Standing Orders - checks the quorum - authenticates the texts adopted and the records of debates - interprets the rules or other regulations governing the life of the Senate, based on precedents Special powers - recruits, assigns and promotes only the staff to which he/she is entitled - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Senate Speaking and voting rights, other functions - only takes part in voting in case of a tie

Parliament name Congress Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives NATURE Nature of the mandate · Free representation Start of the mandate · When the MPs take the oath (for the latter, see Rule III of the Standing Rules of the Senate) Validation of mandates · Validation by the Senate only in case of challenge (Art. I, S. 5 (1) of the Constitution of 1787, as amended up to May 1992) · Procedure End of the mandate · On the day when the legal term of the Senate ends. The U.S. Congress has no procedure akin to early dissolution. Can MPs resign? No · Yes, of their own free will · Procedure: in recent practice, the Member would notify the Senate that he has submitted his resignation in writing to officials from his respective state government. · Authority competent to accept the resignation: the resignation does not have to be accepted Can MPs lose their mandate ? Yes Definitive exclusion from Parliament by the latter: - Invalidation of the mandate by the Senate (see Validation of mandates) - Expulsion (see Discipline and Code of conduct) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The President of the Senate (the Vice-President of the United States) 2. The President pro tempore (most senior member of the majority party) 3. The Senate majority leader 4. The Senate minority leader 5. The assistant majority leader (whip) 6. The assistant minority leader (whip) 7. The other MPs (in accordance with seniority, that is prior service in the Senate or House or prior gubernatorial service. In case of equality, seniority is determined by listing Members alphabetically.) Indemnities, facilities and services · Official passport · Basic salary: (see also Art. I, S. 6 (1) of the Constitution): $ 136,700 per annum · Reduction of/exemption from tax · Pension scheme · Other facilities: (a) Secretariat/assistants/postal and telephone services/travel and transport (b) Cars and vans for official use by persons occupying selected leadership and administrative positions in the legislative branch (c) Security guards (d) Others Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. I, S. 6 (1) of the Constitution). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offense or insult (Rule XIX (2) to (3) of the Standing Rules of the Senate; see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. I, S. 6 (1) of the Constitution). · It applies only to civil proceedings, covers all offenses, but protects MPs only from arrest. · No derogations are foreseen. · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided only during sessions and while a Member is going to and returning from the session. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) cannot be lifted. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorized to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. The institutional orientation programs for new Members typically include such training (procedural parts voluntary). · It is provided by the Senate and by the political parties in the Senate (presented by pertinent administrative officers of the Senate) or by the Congressional Research Service or other organizations. · Handbooks of parliamentary procedure: - Senate Manual (Standing Rules of the Senate, other orders having force of rules, and provisions of statute affecting the Senate, prepared by the Committee on Rules and Administration) - Riddick's Senate Procedure (topical summaries of procedural rules, precedents, and practice, prepared by the Parliamentarian of the Senate) - Senate Handbook (administrative guide, one chapter on procedure) Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings, unless excused or necessarily prevented . · Penalties foreseen in case of failure to fulfill this obligation: - plenary sitting - committee meetings: in practice, the obligation is unenforceable, at least insofar as Members may serve on committees whose meetings conflict. Discipline · The rules governing discipline within Parliament are contained in Art. I, S. 5 (2) of the Constitution and Rule XIX (2) to (6) of the Standing Rules of the Senate and in customary law. They are part of the Code of conduct. · Disciplinary measures foreseen: - Call to order (Rule XIX (4) to (5) of the Standing Rules of the Senate) - Judgment of the Presiding Officer - Loss of the right to the floor - Deletion from the Congressional Record - Censure, reprimand or other forms of declaratory sanction - Loss of seniority - Referral to appropriate state or federal authorities - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) · Specific cases: - Offense or insult (Rule XIX (2) to (3) of the Standing Rules of the Senate): Call to order, judgment of the Presiding Officer, further disciplinary action, referral to appropriate state or federal authorities. · Competent body to judge such cases/to impose penalties: - Call to order, judgment of the Presiding Officer: the Presiding Officer; the Senate (appeal) - Loss of the right to the floor: Presiding Officer or Senate - Censure: pronounced by the Presiding Officer pursuant to the vote of the Senate - Deletion from the Congressional Record, reprimand and other declaratory sanctions, loss of seniority, expulsion from Parliament: the Senate - Offense or insult: Presiding Officer or Senate (depending on sanction; see Offense or insult) · Procedure: - Call to order (Rule XIX (4) to (5) of the Standing Rules of the Senate) - Offense or insult: call to order, judgment of the Presiding Officer, referral to appropriate state or federal authorities - Loss of the right to the floor - Deletion from the Congressional Record - Censure, reprimand or other forms of declaratory sanction - Loss of seniority - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) Code (rules) of conduct · This concept does exist in the country's juridical system (series of laws governing the behavior of MPs, Rules XXXIV to XLII of the Standing Rules of the Senate). For disciplinary measures stricto sensu, see Discipline. For the Declaration on personal assets, see Obligation to declare personal assets. · Penalties foreseen for violation of the code of conduct: - Violations of the law: - Fines - Jail sentence - Violations of the congressional rules of conduct: - Censure, reprimand - Fines - Loss of seniority - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) · Competent body to judge such cases/to impose penalties: - Violations of the law: courts of law - Violations of the congressional rules of conduct: the Senate directly or on recommendation of the ethics committee; the ethics committee (lesser penalties). The resolution of censure is read by the Presiding Officer. · Procedure and means of recourse Relations between MPs and pressure group · Some legal provisions exist.

This page was last updated on 19 July 2011
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