§ 1. The Senate shall consist of persons to be chosen,
except in the first instance, by Electors elected for that
purpose by the Citizens and inhabitants of the several
States comprehended in the Union who shall have in their own
right, or in the right of their wifes, an Estate in land for
not less than life, or a term of years, whereof at the time
of giving their votes there shall be at least fourteen years
unexpired.
§ 2. But the first Senate shall be chosen in the manner
prescribed in the last Article and shall consist of forty
members to be called Senators, of whom N. Hampshire shall
have ---- Mass^{ts} ---- R. Island ---- Connecticut ---- N.
York ---- N. Jersey ---- Pen^a ---- Delaware ---- Mary^d
---- Virg^a ---- N. Carol. ---- S. Carol. ---- Geo. ----.
§ 3. The Legislature shall provide for the future elections
of Senators, for which purpose the States respectively,
which have more than one Senator, shall be divided into
convenient districts to which the Senators shall be
apportioned. A State having but one Senator shall be itself
a district. On the death, resignation or removal from office
of a Senator his place shall be supplied by a new election
in the district from which he came. Upon each election there
shall be not less than six nor more than twelve electors
chosen in a district.
§ 4. The number of Senators shall never be less than forty,
nor shall any State, if the same shall not hereafter be
divided, ever have less than the number allotted to it in
the second section of this article; but the Legislature may
increase the whole number of Senators, in the same
proportion to the whole number of Representatives as forty
is to one hundred; and such increase beyond the present
number, shall be apportioned to the respective States in a
ratio to the respective numbers of their representatives.
§ 5. If States shall be divided, or if a new arrangement of
the boundaries of two or more States shall take place, the
Legislature shall apportion the number of Senators (in
elections succeeding such division or new arrangement) to
which the constituent parts were entitled according to the
change of situation, having regard to the number of persons
described in the 4 §. of the VII article.
§ 6. The Senators shall hold their places during good
behaviour, removable only by conviction on impeachment for
some crime or misdemeanor. They shall continue to exercise
their offices when impeached untill a conviction shall take
place. Sixteen Senators attending in person shall be
sufficient to make a House to transact business; but the
Legislature may increase this number, yet so as never to
exceed a majority of the whole number of Senators. The
Senators may vote by proxy, but no Senator who is present
shall be proxy for more than two who are absent.
§ 7. The Senate shall choose its President and other
officers; shall judge of the qualifications and elections of
its members, and shall punish them for improper conduct in
their capacity of Senators; but such punishment shall not
extend to life or limb, nor to expulsion. In the absence of
their President they may choose a temporary President. The
President shall only have a casting vote when the House is
equally divided.
§ 8. The Senate shall exclusively possess the power of
declaring war. No treaty shall be made without their advice
and consent; which shall also be necessary to the
appointment of all officers, except such for which a
different provision is made in this Constitution.