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 Original wording is preserved; commentary explains historical and superseded provisions.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 — conviction

A supermajority for conviction

Current text
And no Person shall be convicted without the Concurrence of two thirds of the Members present.

What it means

An impeachment conviction requires agreement from two-thirds of senators present. The denominator is those present for the proceeding, not automatically all authorized Senate seats.

Historical setting

The Constitution makes accusation easier to initiate than conviction is to obtain. This helps prevent a single ordinary majority from converting political hostility into removal of another constitutional officer.

What it does

A conviction depends on a coalition larger than a simple majority of the senators present. The requirement can protect institutional independence, but it can also prevent removal when a substantial minority remains loyal to the accused.

Debate & interpretation

The threshold expresses caution about removing officials while preserving a path for sufficiently grave cases. Whether it strikes the right balance depends on both the risk of partisan removal and the risk of partisan protection.

A common misreading

The rule does not require a two-thirds national referendum, and impeachment by the House is not already a Senate conviction.

Think it through

Would lowering the threshold strengthen accountability more than it weakened the independence of the office under review?

Follow the connection

Sources & further reading

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

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