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U.S. Const. art. I, § 3 | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE I.

Section 3. [The Senate, How Constituted, Impeachment Trials]

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.

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.

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.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

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.

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.

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.

Cross references.

- Factors disqualifying a person from nomination or election, §§ 21-2-7,21-2-8.

Editor's notes.

- The manner in which senators are "chosen" and vacancies filled, as prescribed by clauses 1 and 2 of this section, respectively, has been modified by U.S. Const., amend. 17. United States Const., amend. 14, sec. III, modifies clause 3 of this section by imposing additional, but probably anachronistic, disqualifying criteria.

Law reviews.

- For article analyzing constitutionally permissible modifications in qualifications established for representatives and senators, see 17 J. of Pub. L. 103 (1968). For article, "Chief Justice Burger and Extra-Case Activism," see 20 J. of Pub. L. 533 (1971).

JUDICIAL DECISIONS

Cited in South v. Peters, 89 F. Supp. 672 (N.D. Ga. 1950); Wesberry v. Sanders, 376 U.S. 1, 84 S. Ct. 526, 11 L. Ed. 2d 481 (1964); Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga. 1966); Public Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga.)