Kara Sears
The process of passing a bill in the Senate involves several steps, including committee hearings, debates, and votes. Each senator has one vote, and the Senate votes on bills, resolutions, motions, amendments, nominations, and treaties. The Senate's rules provide no way for a simple numerical majority to cut off or impose a debate limit and move to a final vote, which can lead to filibusters. To end a filibuster, the Senate may invoke cloture with a three-fifths majority, limiting further debate to 30 hours. In most cases, a simple majority is required for a measure to pass, but there are some instances where a two-thirds majority is required, such as expelling a senator or overriding a presidential veto. The outcome of Senate votes is printed in the Congressional Record, with roll-call votes available online from the 101st Congress onwards.
| Characteristics | Values |
|---|---|
| Number of votes each senator has | One |
| Types of votes | Roll-call vote, voice vote, division (or standing) vote |
| Voting on | Bills, resolutions, motions, amendments, nominations, treaties |
| Vote required to invoke cloture | Two-thirds |
| Vote required to confirm President's nomination for Vice-President | One in each House |
| Vote required to convict an impeached official | Two-thirds |
| Vote required to override a presidential veto | Two-thirds |
| Vote required to propose a constitutional amendment for ratification by the states | Two-thirds |
| Vote required to expel a senator | Two-thirds |
| Vote required to consent to ratification of a treaty | Two-thirds |
| Vote required to end debate on a bill | Three-fifths |
| Vote required for approval of a bill | Simple majority |
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What You'll Learn
Senators have one vote each
Each senator has one vote. The Senate votes on bills, resolutions, motions, amendments, nominations, and treaties in a variety of ways. The outcome of Senate votes is printed in the Congressional Record and the Senate's roll-call votes from the 101st Congress onwards are available online.
The Senate's rules provide no way for a simple numerical majority to cut off or otherwise impose a debate limit and move to a final vote. Senators can, therefore, wage a filibuster, or insist on extended debate, to delay or prevent a final vote on most amendments, bills, or other motions. The Senate may end a filibuster by invoking cloture, which requires the support of three-fifths of the Senate. This is rarely invoked, however, as bipartisan support is usually necessary to obtain the required supermajority.
The Senate also conducts voice votes, where the presiding officer states the question, then asks those in favour to say "yea" in unison and those against to say "nay". The presiding officer then announces the results according to their best judgment. The names of the senators and the tally of votes are not recorded in a voice vote. The least common vote in the Senate is a division (or standing) vote. If a senator is in doubt about the outcome of a voice vote, they may request a division, whereby the presiding officer counts the senators voting yea and those voting nay, to confirm the voice vote.
In most cases, a simple majority is required for a measure to pass. In the case of a tie, the vice president may cast the tie-breaking vote. In a few instances, the Constitution requires a two-thirds vote of the Senate, including expelling a senator, overriding a presidential veto, proposing a constitutional amendment for ratification by the states, convicting an impeached official, and consenting to ratification of a treaty.
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A simple majority is required for most measures to pass
The Senate votes on bills, resolutions, motions, amendments, nominations, and treaties in a variety of ways. In most cases, a simple majority is required for a measure to pass. However, there are some instances where a two-thirds vote is required by the Constitution. This includes cases of expelling a senator, overriding a presidential veto, proposing a constitutional amendment for ratification by the states, convicting an impeached official, and consenting to ratification of a treaty.
The process of reaching a final vote on a bill can take about a week of Senate floor time. Senate rules provide no way for a simple numerical majority to cut off or impose a debate limit and move to a final vote. This means that senators can threaten to wage a filibuster, which is when they insist on extended debate to delay or prevent a final vote. The Senate may end a filibuster by invoking cloture, which requires a three-fifths supermajority vote. This is a very rare occurrence, as bipartisan support is usually necessary to obtain a supermajority.
In most cases, a simple majority is required for a bill to pass in the Senate. However, the process of reaching a final vote can be lengthy and complex due to the potential for filibusters and the need to obtain a supermajority for cloture.
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The Vice President can cast a tie-breaking vote
The Vice President of the United States is also the President of the Senate. They do not have a regular voting role, but they can cast a tie-breaking vote in the Senate when senators are equally divided. This is a power that has been used by several Vice Presidents, including John C. Calhoun, Mike Pence, Kamala Harris, and JD Vance.
The Vice President's ability to cast a tie-breaking vote is particularly significant when the Senate is equally divided between parties, as was the case in the 117th Congress following the 2020 Senate elections. In such situations, the Vice President's vote can give one party majority control of the Senate. For example, Kamala Harris's tie-breaking votes gave the Democratic Party majority control of the Senate during her time in office.
The Vice President's tie-breaking vote can be used to confirm appointments, such as Cabinet members or judicial nominees. For instance, in 2017, Mike Pence cast a tie-breaking vote to confirm Betsy DeVos as Secretary of Education, and in 2018, he cast a tie-breaking vote to confirm Jonathan A. Kobes to the Court of Appeals for the Eighth Circuit. However, it's important to note that the Vice President cannot break a tie when it comes to "advice and consent" on appointments.
The use of the tie-breaking vote by the Vice President has become more frequent in recent years due to the increased use of cloture to end debates in the Senate, especially on divisive issues. Cloture requires a three-fifths majority, and when the Senate is equally divided, the Vice President's vote becomes crucial in invoking cloture and moving to a final vote.
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A two-thirds vote is required to expel a senator
Senators have one vote each and can vote on laws, bills, resolutions, motions, amendments, nominations, and treaties. The Senate's rules provide no way for a simple numerical majority to cut off or otherwise impose a debate limit and move to a final vote. Senators can, therefore, delay or prevent a final vote on most amendments, bills, or other motions.
The Senate can, however, invoke cloture to end a debate with a three-fifths majority, which is usually 60 senators. After this, a final vote is taken, which requires only a simple majority for approval.
In some cases, a two-thirds vote of the Senate is required. This includes instances where a senator is to be expelled, a presidential veto is to be overridden, a constitutional amendment is to be proposed for ratification by the states, an impeached official is to be convicted, or a treaty is to be consented to for ratification.
Expulsion is the most serious form of disciplinary action that can be taken against a member of Congress. In the entire history of the United States Congress, 21 members have been expelled: 15 senators and six representatives. Of these, 17 were expelled for supporting the Confederate States in 1861 and 1862.
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Senators can delay a final vote with a filibuster
The Senate's rules place few restrictions on debate. In most cases, a simple majority is required for a measure to pass. However, Senate rules provide no way for a simple numerical majority to cut off or otherwise impose a debate limit and move to a final vote. This means that senators can delay a final vote with a filibuster – by insisting on extended debate.
A filibuster is a tactic used in the United States Senate to delay or block a vote on a measure by preventing debate on it from ending. Traditionally, the Senate filibuster was reserved for only the most controversial issues, but its use has escalated in recent years, often slowing business in the chamber to a halt.
The filibuster has a minimum requirement of 60 votes to pass a law, effectively creating a supermajority requirement for passing legislation in the Senate. This has been criticised for impeding the expansion of American democracy and the rights of all eligible voters.
Senate Rule XXII, often called the cloture rule, allows a supermajority to limit debate on a bill, amendment, or motion. Supporters of a bill under floor consideration can file a cloture motion, signed by at least 16 senators. Two days of session later, senators vote on the cloture motion. If three-fifths (60 senators) agree, then further consideration of the bill is limited to 30 hours, during which only amendments from a pre-specified list can be offered. After this final period of consideration, the Senate will take a final vote on the bill, which requires a simple majority for approval.
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Frequently asked questions
Yes, senators can vote on laws. The Senate votes on bills, resolutions, motions, amendments, nominations, and treaties. Each senator has one vote.
Senators can vote in a few different ways. The most common types of votes are roll-call votes, voice votes, and division votes. In a roll-call vote, each senator votes "yea" or "nay" as their name is called by the clerk, who records the votes on a tally sheet. In a voice vote, the presiding officer states the question, then asks those in favor to say "yea" in unison and those against to say "nay." The presiding officer then announces the results according to their best judgment. The names of the senators and the tally of votes are not recorded in voice votes. A division vote is similar to a voice vote, but the presiding officer counts the number of senators voting yea and those voting nay.
If there is a tie, the vice president may cast the tie-breaking vote.
