Article 1 - Section 3 Senate

Section 3 Senate

• • • Clause 1 Composition
  • 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.
    • ArtI.S3.C1.1Equal Representation of States in the Senate
    • ArtI.S3.C1.2Historical Background on State Voting Rights in Congress
    • ArtI.S3.C1.3Selection of Senators by State Legislatures
    • ArtI.S3.C1.4Six-Year Senate Terms

• • Clause 2 Seats
  • 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.
    • ArtI.S3.C2.1Staggered Senate Elections
    • ArtI.S3.C2.2Senate Vacancies Clause

• • Clause 3 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.
    • ArtI.S3.C3.1Overview of Senate Qualifications Clause
    • ArtI.S3.C3.2When Senate Qualifications Requirements Must Be Met
    • ArtI.S3.C3.3Congress's Ability to Change Qualifications Requirements for Senate
    • ArtI.S3.C3.4States' Ability to Change Qualifications Requirements for Senate

• • Clause 4 President
  • The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
    • ArtI.S3.C4.1President of the Senate

• • Clause 5 Officers
  • 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.
    • ArtI.S3.C5.1Senate Officers

• • Clause 6 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.
    • ArtI.S3.C6.1Overview of Impeachment Trials
    • ArtI.S3.C6.2Historical Background on Impeachment Trials
    • ArtI.S3.C6.3Impeachment Trial Practices
    • ArtI.S3.C6.4Oath or Affirmation Requirement in Impeachment Trials
    • ArtI.S3.C6.5Impeaching the President

• • Clause 7 Impeachment Judgments
  • 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.
    • ArtI.S3.C7.1Overview of Impeachment Judgments
    • ArtI.S3.C7.2Doctrine on Impeachment Judgments

Under Article I, Section 3, Clause 3 of the U.S. Constitution (commonly referred to as the Senate Qualifications Clause), a candidate must be an "Inhabitant of that State for which he shall be chosen" at the time of the election.

Neither the U.S. Constitution nor federal statute explicitly defines what constitutes an "inhabitant," nor does the Constitution set a minimum time period (such as 1 or 5 years) that a candidate must live in the state before running. As a result, the definition relies on Constitutional intent, historical precedent, and parliamentary rulings by the U.S. Senate itself, which is the ultimate judge of its members' qualifications under Article I, Section 5.

1. Intentional Framers' Distinctions: "Inhabitant" vs. "Resident"

During the Constitutional Convention of 1787, the delegates explicitly chose the term "inhabitant" over "resident."

• James Madison and Roger Sherman argued that "resident" might be construed too narrowly, potentially disqualifying individuals who were temporarily away from home for extended periods on public service or private business.
• "Inhabitant" was selected to require a genuine, legal connection to the state without penalizing candidates for temporary absences.

2. Legal Definition: Domicile and Intent

In practice, Congress and legal scholarship treat "inhabitancy" as being essentially equivalent to the legal concept of domicile. Establishing inhabitancy generally requires two elements:

1. Physical Presence: Having a physical home, residence, or presence within the state.
2. Intent to Remain (Animus Manendi): Demonstrating a clear intent to make that state your primary home base.

Because the Constitution specifies inhabitancy "when elected," a candidate does not have to be an inhabitant when they file their candidacy—only by Election Day.

3. Key Factors Used to Evaluate Inhabitancy

When challenges arise regarding whether a candidate is truly an inhabitant, election authorities and Congress examine circumstantial evidence of domicile, including:

• Real Estate & Living Arrangements: Owning or leasing a residence in the state (leaving "insignia of a household establishment").
• Voter Registration: Being registered to vote in that state.
• Tax Status: Filing state income taxes or claiming a primary homestead exemption in the state.
• Licensing & Documentation: Holding a driver’s license, vehicle registration, or professional licenses issued by the state.
• Business & Family Ties: Maintaining active employment, business operations, or immediate family residences within the state.

4. Constitutional Limits on State Restrictions

States cannot create strict durational residency requirements (e.g., requiring candidates to live in the state for 2 or 5 consecutive years prior to running) for federal office.

In the landmark decision *U.S. Term Limits, Inc. v. Thornton* (1995), the U.S. Supreme Court affirmed that the qualifications established in the Constitution for federal office are exclusive. Neither a state legislature nor a state constitution can alter, expand, or add qualifications beyond age, citizenship, and inhabitancy at the time of election.