According to the Constitution, Article 1, Section 5, the senate (as well as the house of reps) is the judge of the qualifications of its own members. If they don't want to seat a member, they will simply say he's not qualified.
Beyond that, if they DO seat a senator, they can still expel him with a 2/3 majority vote.
Chat with our AI personalities
Yes, they can, although it would be highly unusual to do so. Both houses have the power to rule on its members' eligiblity to serve.
The Senate decides the case. But by the time the Senate even gets the case, the impeachment has already happened. The impeachment by the House is a little like an indictment in civil law. When the House impeaches someone, they decide that there is enough evidence to bring the case to the Senate for a decision.
A legislative body composed of elected representatives. Even the name of the Senate is from the Roman government.
Members of the House of Representatives are elected every 2 years. They run elections during the presidential race and midway through his presidency. Senators are elected for 6 years and 1/3 of senators run campaigns every 2 years
the senate elections are held in a staggard fashion which means that only about a third of the senators are elected in each election. so all the seats in the senate are never completely empty. for example, if there were 60 senators for example, 30 senators are in the election this year, while the other 30 will be in the election a couple years from now. these two groups rotate.
For the federal government, the election takes place on the first Tuesday following the first Monday of November in even numbered years. In years divided by four the President and full House plus one-third of the Senate stand for election. In an off year between the presidential election years only the full House and one-third of the Senate are elected.