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Four states – North Dakota, Oregon, Rhode Island, and Wisconsin – do not empower their governors to make temporary appointments, relying exclusively on the required special election provision in the Seventeenth Amendment. [25] :7–8 Wilson Congressional Government, Chapter III: "Revenue and Supply". Text common to all printings or "editions"; in Papers of Woodrow Wilson it is Vol.4 (1968), p.91; for unchanged text, see p. 13, ibid. Schonfeld, Zach (December 11, 2022). "Sanders calls Sinema 'corporate Democrat' who 'sabotaged' legislation".

In 2004, Alaska enacted legislation and a separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. [30] Because the 17th Amendment vests the power to grant that authority to the legislature– not the people or the state generally– it is unclear whether the ballot measure supplants the legislature's statute granting that authority. [30] As a result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. Comiskey, Michael. Seeking Justices: The Judging of Supreme Court Nominees U. Press of Kansas, 2004.Malsberger, John W. From Obstruction to Moderation: The Transformation of Senate Conservatism, 1938–1952. Susquehanna U. Press 2000 The Senate (not the judiciary) is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. [21] In 1934, Rush D. Holt Sr. was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. In November 1972, Joe Biden was elected to the Senate at the age of 29, but he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. Eight states – Alaska, Connecticut, Louisiana, Massachusetts, Mississippi, Texas, Vermont, and Washington – provide for gubernatorial appointments, but also require a special election on an accelerated schedule. [25] :10–11 Lee, Frances E. (June 16, 2006). "Agreeing to Disagree: Agenda Content and Senate Partisanship, 198". Legislative Studies Quarterly. 33 (2): 199–222. doi: 10.3162/036298008784311000. There are presently three Senate office buildings located along Constitution Avenue, north of the Capitol. They are the Russell Senate Office Building, the Dirksen Senate Office Building, and the Hart Senate Office Building.

However, in five states, different methods are used. In Georgia, a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California, Washington, and Louisiana, a nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered the general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska, ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. [23] Vacancies Recess Appointments FAQ" (PDF). US Senate, Congressional Research Service. Archived from the original (PDF) on December 29, 2017 . Retrieved November 20, 2007. Joseph S. Friedman, undergraduate student (March 30, 2009). "The Rapid Sequence of Events Forcing the Senate's Hand: A Reappraisal of the Seventeenth Amendment, 1890–1913". Curej – College Undergraduate Research Electronic Journal (93). Archived from the original on July 24, 2019. Wealth of Congress". Roll Call. Archived from the original on November 12, 2019 . Retrieved November 8, 2018.As the upper chamber of Congress, the Senate has several powers of advice and consent. These include the approval of treaties, and the confirmation of Cabinet secretaries, federal judges (including justices of the Supreme Court), flag officers, regulatory officials, ambassadors, other federal executive officials and federal uniformed officers. If no candidate receives a majority of electors for vice president, the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of those impeached by the House. The Senate has typically been considered both a more deliberative [6] and prestigious [7] [8] [9] body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. [10] The drafters of the Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. [11] While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation—threatened to secede [12] and won the day by a vote of 5–4 in what became known as the Connecticut Compromise. The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. [13] The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment, however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows the Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. [31] Yglesias, Matthew (December 17, 2019). "American democracy's Senate problem, explained". Vox . Retrieved February 6, 2023. Baker, Richard A., ed., First Among Equals: Outstanding Senate Leaders of the Twentieth Century Congressional Quarterly, 1991.