logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinion
  • Sports
  • E-edition
  • Public Notices
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinion
    • Sports
    • E-edition
    • Public Notices
    • Calendar
    • Archives
    • Contact
      • Contact Us
      • Advertisers
      • Form Submission
      • About Us
Constitution 101: Senate Leadership Clauses
commentary
March 13, 2025
Constitution 101: Senate Leadership Clauses

Have you ever considered what the vice president does all day? My guess is probably not, but the framers of the Constitution did. When they got to the point where they considered a vice president, his only role was as a backup president — a spare, so to speak.

Originally, he had no actual function, and few presidents have used vice presidents as advisors or even as part of their cabinet. Surprisingly very few have ever gone on to be president. If you don’t count the ones who took over for a president who died, only six have made the jump.

The best example of this strange position was in the 1900 presidential election.

New York Republicans pushed for Teddy Roosevelt as the vicepresidential candidate, but not because they liked his politics. Just the opposite, he was doing so much damage and ruffling feathers as governor of New York that they wanted to get rid of him. While the leaders of the national party also feared his progressive ideas, it was decided that the best way to neuter this very popular man was to make him vice president.

At the time, there was no position in government with less power than the office of the vice president. Of course, it was a gamble, as Republican campaign manager Mark Hanna said at the time, “[T] here’s only one life between that madman and the Presidency.”

Hanna proved prophetic as Roosevelt became president upon President McKinley’s death. And the presi-dency has never been the same.

Realizing they had a position with no real role, the Founders revisited Article I, Section III and added the fourth clause which reads, “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.” This not only gave the vice president something to do but solved a problem they had in the Senate. The issue was the job of the Senate president was to cast a vote in case of a tie.

The difference between the Senate and the House was that the states were even in the Senate, two senators each. If the Senate followed the same instructions as the House, then its members would have to vote for a speaker or president of the Senate. Such an arrangement would either mean that one state would have more or less power than other states.

If the president of the Senate could only vote in case of a tie, then the state of the president would have less representation. If the president had a regular vote and could cast the tiebreaker, then the state had more power than the others. The dilemma was fixed by simply making the vice president the senate president.

This was not an easy decision, as it is the one breach in the separation of powers.

In the British parliamentary system, the founders were used to, members could serve in both the executive and legislative branches. For instance, the chancellor of the exchequer, our version of Secretary of the Treasury, is also a representative in Parliament. In our system, however, the Founders wanted a complete separation of branches and so members of the House or Senate cannot be cabinet members at the same time.

The one exception is the vice president as president of the Senate. One Founder who opposed the new job for the V.P. was Elbridge Gerry of Massachusetts. He feared the Executive Branch would have too much influence on the Legislature. As a later Anti-Federalist, Gerry worried about the government becoming too strong in general and ultimately did not sign the Constitution. He wanted a total separation between the branches.

After the Founders gave the V.P. a job, they wanted to make sure the Senate could choose the rest of its officers. This clause is a bit surprising because it makes sense, but they must have wanted to guarantee it.

Clause V reads, “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 key position here is the president pro tempore. The pro tem’s job was to preside when the vice president was away. Of course, this put them back to the beginning of more or less power for a state, but in this case when the pro tem was in charge he was allowed to vote as a member of the Senate as well as if there was a tie.

It was four years after the Constitution was ratified that Congress passed a law in 1792 that stated, “in case of removal, death, or inability of both the President and the Vice President of the United States, the President of the Senate pro tempore, and in the case there shall be no President of the Senate, then the Speaker of the House of Representatives shall act as President of the United States until the disability be removed or a President shall be elected.”

In British royalty terms, our nation now had an heir and a spare to the presidency.

This order will however change with the Succession Act of 1947 that puts the Speaker of the House in front of the Pro Temp. It should be noted that Clause V did not make the Pro Temp vice president of the U.S. if the V.P. took over for the president.

That issue was not addressed and added some confusion when President William Henry Harrison died in office and then-Vice President John Tyler did not have a vice president meaning the pro tem ran the Senate.

James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at HistoricallySpeak-ing1776@ gmail.com.

Memories of Veteran Burton Kidd
A: Main, News...
Memories of Veteran Burton Kidd
November 6, 2025
ELLEN VINSON AND STAFF WRITER LADONNA RHODES In May of this year, Iris Park flew to Italy to visit her son and while she was there she visited the gravesite of her cousin, Burton Kidd, who died during...
this is a test
Trunk or Treat had families lining the street
A: Main, News...
Trunk or Treat had families lining the street
November 6, 2025
Checotah’s Downtown Trunk or Treat definitely lined the streets of Broadway and Gentry for over three hours. The Checotah Chamber of Commerce event didn’t officially start until 5:30 p.m. but by 4:30 ...
this is a test
A: Main, News...
SNAP benefits cut in half
November 6, 2025
Congress remains closed amid the dispute between Democrats and Republicans in Washington D.C. over health care benefits. Due to the closure, SNAP, the Supplemental Nutrition Program, came close to clo...
this is a test
A: Main, News...
Local Holiday Events
November 6, 2025
Checotah Methodist Mission Christmas Sale Nov. 4 - Nov. 7 9 a.m. - 1 p.m. 419 W. Gentry Ave. Checotah Bealls Anniversary Giveaways A full weekend of giveaways Nov. 7-9 1st 50 Guests will receive $5-$5...
this is a test
Honoring Veterans Nov. 11
A: Main, News...
Honoring Veterans Nov. 11
November 6, 2025
Veterans Day is a federal holiday in the United States observed annually on November 11 for honoring military veterans of the United States Armed Forces. It has been observed for 71 years and McIntosh...
this is a test
A: Main, News...
Victim, suspect identified
November 6, 2025
The woman who was found dead near Council Hill on Oct. 28 has been identified as Traci Byrd, 53, of Hugo, according to the McIntosh County District Attorney’s office. The suspect has been identified a...
this is a test
ePaper
coogle_play
app_store
Editor Picks
A: Main, News...
Porum police officer dies in accident
November 6, 2025
i - R i c h a r d M. Phillips, a Porum police offk ficer, was killed .' Thursday, Oct. • | 30 when his motorcycle went out of control on a curve on SH71 and crashed into a ditch, according to the Okla...
this is a test
News
Ricochet headlines concert for School for the Blind
November 6, 2025
MUSKOGEE – The 90’s chart-topping band Ricochet, along with award-winning singer- songwriter Becky Hobbs will perform live in concert November 13 at the Muskogee Civic Center. The Oklahoma based artis...
this is a test
News
Special ceremony for fallen veterans
November 6, 2025
Don Nichols with the Military Order of the Purple Heart announced a special wreath laying ceremony that will honor the lives of veterans who lost their lives in Vietnam. The ceremony will take place a...
this is a test
News
Honey Springs reenactment this weekend
November 6, 2025
Honey Springs Battlefield will host its biennial Education Day and reenactment of the Battle of Honey Springs on November 7, 8 and 9. The three-day-long program kicks off on Friday, November 7, with a...
this is a test
News
Department of Interior celebrates National Native American Month
November 6, 2025
The Department of the Interior announces National Native American Heritage Month, an annual celebration held each November. This November and every month, we celebrate the culture and heritage of thes...
this is a test
Facebook
Twitter
Tweets
Twitter
Tweets

MCINTOSH COUNTY DEMOCRAT
300-A S. Broadway
Checotah, OK
74426

(918) 473-2313

This site complies with ADA requirements

© 2023 Mcintosh Democrat

  • Contact
  • Privacy
  • Accessibility Policy