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The United States Constitution establishes the vice president as president of the Senate, with the authority to cast a tie-breaking vote. Early vice presidents took an active role in regularly presiding over proceedings of the body, with the president pro tempore only being called on during the vice president's absence.
In contrast, the Constitution is silent about which federal official would preside were the vice president on trial by the Senate. [12] [49] No vice president has ever been impeached, thus leaving it unclear whether an impeached vice president could, as president of the Senate, preside at their own impeachment trial.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds ...
The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be ...
Section 2 provides a mechanism for filling a vacancy in the vice presidency. Before the Twenty-fifth Amendment, a vice-presidential vacancy continued until a new vice president took office at the start of the next presidential term; the vice presidency had become vacant several times due to death, resignation, or succession to the presidency, and these vacancies had often lasted several years.
Clause five provides for a president pro tempore of the Senate, who is elected to the post by the Senate, to preside over the body when the vice president is either absent or exercising the powers and duties of the president. Although the Constitutional text seems to suggest to the contrary, the Senate's current practice is to elect a full-time ...
The U.S. Constitution says the president can make recess appointments to fill vacant positions when the Senate is not in session, though officials appointed in this manner can only serve two years ...
The Amendment also requires the Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes (rather than only if there's a tie for second for president). It also stipulates that to be the vice president, a person must be qualified to be the president.