[2] Only ten states were represented when, on May 15, 1789, this classification was first made. (North Carolina and Rhode Island had not yet ratified the constitution, and New York’s senators had not yet presented their credentials.) The twenty senators had on the preceding day been grouped by name into three classes, two of seven senators each, and one of six. By the drawing of three numbered slips of paper, seven fell into class 1, seven into class 2, and six into class 3, with terms ending March 3, 1791, 1793, and 1795, respectively. After the classification had been fixed, the two senators from New York appeared. One was placed, by lot, in class 3 (thus filling the classes), and then the other, also by lot, in class 1. The two senators from the next state, North Carolina, were therefore placed in the unfilled classes 2 and 3. Since 1795, each class holds for six years, and a senator’s term expires with that of his class.
[3] Senators represent the state, and are elected by the body which acts for the state,—by the legislature if in session, temporarily by the governor if it is not.
Clause 3.—Qualifications.
No person shall be a senator, who shall not have attained to the age of thirty years,[1] and been nine years a citizen of the United States,[2] and who shall not, when elected, be an inhabitant of that state from which he shall be chosen.[3]
[1] This was also the age for eligibility to the Roman Senate. It is five years more than the requirement for membership in the House.
[2] Two years of citizenship more than required of a representative. As the Senate acts with the president in making treaties, this requirement seems none too great.
[3] The propriety of this is self-evident. (I. 2: 2.)
Clause 4.—Presiding Officer.
The vice-president of the United States shall be president of the Senate,[1] but shall have no vote,[2] unless they be equally divided.[3]
[1] This arrangement was made for three reasons:
First. It would give the vice-president something to do.
Second. Partaking in the executive business of the Senate would give the vice-president excellent training for the duties of the presidency, in case he should be called thereto.
Third. The equality of power among the states would remain undisturbed. Had it been arranged that the Senate should choose its own presiding officer from among its members, one state might thereby gain (or lose) power in the Senate.
[2] Because he is not a member of the Senate. For this reason, also, he cannot take part in debates, nor can he appoint committees. These are elected by the Senate itself.
[3] But for his casting vote; a “dead-lock” might occur on some important question. This “might give rise to dangerous feuds, or intrigues, and create state or national agitations.”
Clause 5.—Other Officers.