The constitutional text

Article I · Section 3

Select any highlighted phrase to understand what it means.

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.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article I, Section 3, Clause 6 — tribunal

The Senate tries impeachments

Current text
The Senate shall have the sole Power to try all Impeachments.

What it means

The Senate alone conducts the federal impeachment trial after the House brings charges. This is a constitutionally assigned judgment about official accountability, separate from an ordinary criminal prosecution.

Historical setting

Federalist 65 considered different possible tribunals and defended the Senate as a body capable of judging abuses of public trust. Hamilton also acknowledged that such cases could mobilize faction and hostility.

What it does

The charging chamber cannot unilaterally turn its accusation into removal. Senators must assess the case under the trial requirements, including the oath and supermajority conviction threshold.

Debate & interpretation

The tribunal’s political composition can provide public accountability and broad institutional perspective. It can also create conflicts when senators judge officers aligned with their own parties, so constitutional design cannot eliminate the need for responsible judgment.

A common misreading

The Supreme Court is not the constitutionally designated trial court for federal impeachments, even when the accused is a judge.

Think it through

What reasons favor elected senators over ordinary judges as the tribunal for abuse of high public office?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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