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The United States Senate has the authority for meeting in closed session, as described in the Standing Rules of the Senate.
The Continental Congress and Constitutional Convention met in secret. The Senate met in secret until 1794. The Senate’s executive sessions (such as nominations and treaties) were not opened until 1929.
Standing Senate Rules XXI, XXIX, and XXXI cover secret sessions for legislative and executive business (nominations and treaties). Rule XXIX calls for Senate consideration of treaties to be conducted in secret unless a majority votes to lift the “injunction of secrecy,” which it usually does. Rule XXXI mandates that all nominations be considered in open session unless the Senate votes to do so in secret. Rule XXI calls for the Senate to close its doors once a motion is made and seconded. The motion is not debatable, and its disposition is made behind closed doors. All of a chamber’s normal rules of debate apply during secret sessions, except during impeachment deliberations in the Senate.
For Senate impeachment proceedings, Rules XX and XXIV of the Senate Rules for Impeachment Trials govern secret deliberations. The Senate has interpreted these rules to require closed deliberations during impeachment trials.
The proceedings of a secret session are not published unless the Senate votes, during the meeting or at a later time, to release them. Then, those portions released are printed in the Congressional Record. If the Senate does not approve release of a secret session transcript, the transcript is stored in the Office of Senate Security and ultimately sent to the National Archives and Records Administration. The proceedings remain sealed until the Senate votes to remove the injunction of secrecy.
These sessions have been held 57 times since 1929. The following is a full list of those sessions, along with their dates and the reasons they were called:
Reason | Date(s) |
---|---|
Discussion of the Amy Coney Barrett Supreme Court nomination | October 23, 2020 |
Ratification of the New START Treaty | December 20, 2010 |
Impeachment trial of G. Thomas Porteous Jr. (final deliberation on verdict) | December 7, 2010 (5:45 pm – 7:56 pm) [1] |
The Plame affair and the Bush administration's role in pre-Iraq War intelligence (during debate on Deficit Reduction Omnibus Reconciliation Act of 1995) | November 1, 2005 (2:25 pm – 4:43 pm) [2] |
Impeachment trial of President Bill Clinton (final deliberation on verdict) | February 9, 10, 11, 12, 1999 [3] |
Impeachment trial of President Bill Clinton (debate on motion to subpoena witnesses) | January 26, 1999 (4:29 pm – 8:01 pm) [4] |
Impeachment trial of President Bill Clinton (debate on motion to dismiss articles of impeachment) | January 25, 1999 (5:50 pm – 9:51 pm) [5] |
Chemical Weapons Convention | April 24, 1997 |
Most favored nation status for People's Republic of China | February 25, 1992 |
Impeachment trial of Judge Walter Nixon | November 2, 1989 |
Impeachment trial of Judge Alcee Hastings | March 16 & October 19, 1989 |
Intermediate-Range Nuclear Forces Treaty | March 29, 1988 |
Impeachment trial of Judge Harry E. Claiborne | October 7 (two sessions), 8 & 9, 1986 |
Defense Authorization Bill, ASAT | June 12, 1984 |
Soviet Union arms control compliance | February 1, 1984 |
U.S. support of the Contras in Nicaragua | April 26, 1983 |
Nominations of Richard Burt and Richard McCormack | February 16, 1983 |
United States/Soviet Union defense capabilities | May 4, 1982 |
Armed Forces personnel management | February 1, 1980 |
Selective Service System | September 21, 1979 |
Aircraft sales to Egypt, Israel, and Saudi Arabia | May 15, 1978 |
Torrijos-Carter Treaties on the Panama Canal | February 21 & 22, 1978 |
Neutron bomb funding | July 1, 1977 |
Defense Appropriations - Angola | December 17 & 18, 1975 |
Intelligence Activities, alleged assassination plots involving foreign leaders | November 20, 1975 |
Defense Appropriations | June 4, 1975 |
Maneuverable reentry vehicle | June 10, 1974 |
Trident submarine | September 25, 1973 |
National Security Study | May 2 (two sessions) & 4, 1972 |
U.S. involvement in Laos | June 7, 1971 |
Legislative Agenda for 91st Congress | December 18, 1970 |
Legislative Agenda for 91st Congress | September 10, 1970 |
Defense Appropriations | December 15, 1969 |
Defense Appropriations | July 17, 1969 |
Defense Appropriations | October 2, 1968 |
Committee on Intelligence Operations & Security Agency oversight | July 14, 1966 |
Nike-Zeus production | April 11, 1963 |
War front reports | October 7 & 8, 1943 |
Naval battleships and aircraft carriers | June 26, 1942 |
Impeachment of Judge Halsted L. Ritter | April 15 & 16, 1936 |
William MacCracken contempt proceedings | February 13 & 14, 1934 |
Investigation of ocean and air mail contracts involving William MacCracken and others | February 10, 1934 |
Impeachment of Judge Harold Louderback | May 24, 1933 |
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Bill Clinton, the 42nd president of the United States, was impeached by the United States House of Representatives of the 105th United States Congress on December 19, 1998, for "high crimes and misdemeanors". The House adopted two articles of impeachment against Clinton, with the specific charges against Clinton being lying under oath and obstruction of justice. Two other articles had been considered but were rejected by the House vote.
In the United States Senate, the nuclear option is a parliamentary procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds supermajority normally required to invoke cloture on a resolution to amend Senate rules.
The Standing Rules of the Senate are the parliamentary procedures adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings ..."
In the Congress of the United States, a closed session is a parliamentary procedure for the Senate or the House of Representatives to discuss matters requiring secrecy.
An executive session is a term for any block within an otherwise open meeting in which minutes are taken separately or not at all, outsiders are not present, and the contents of the discussion are treated as confidential. In a deliberative assembly, an executive session has come to mean that the proceedings are secret and members could be punished for violating the secrecy.
The United States House of Representatives rarely meets in closed session.
In the United States Senate, a hold is a parliamentary procedure permitted by the Standing Rules of the United States Senate which allows one or more Senators to prevent a motion from reaching a vote on the Senate floor.
A United States congressional hearing is the principal formal method by which United States congressional committees collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings, legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. Hearings usually include oral testimony from witnesses and questioning of the witnesses by members of Congress. George B. Galloway termed congressional hearings a goldmine of information for all the public problems of the United States. A leading authority on U.S. government publications has referred to the published hearings as "the most important publications originating within Congress." The Senate Library in a similar vein noted "Hearings are among the most important publications originating in Congress."
The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives passed a resolution to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors". The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove from office Edwin Stanton and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and did not have a good relationship with Johnson.
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States. However, the Founding Fathers of the United States built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power. As a result, it helps to understand how the United States Congress interacts with the presidency as well as the Supreme Court to understand how it operates as a group.
The impeachment trial of Andrew Johnson, 17th president of the United States, was held in the United States Senate and concluded with acquittal on three of eleven charges before adjourning sine die without a verdict on the remaining charges. It was the first impeachment trial of a U.S. president and was the sixth federal impeachment trial in U.S. history. The trial began March 5, 1868, and adjourned on May 26.
The impeachment trial of Bill Clinton, the 42nd president of the United States, began in the U.S. Senate on January 7, 1999, and concluded with his acquittal on February 9. After an inquiry between October and December 1998, President Clinton was impeached by the U.S. House of Representatives on December 19, 1998; the articles of impeachment charged him with perjury and obstruction of justice. It was the second impeachment trial of a U.S. president, preceded by that of Andrew Johnson.
During his presidency, Andrew Johnson, the 17th president of the United States, saw multiple efforts during his presidency to impeach him, culminating in his formal impeachment on February 24, 1868, which was followed by a Senate impeachment trial in which he was acquitted.
The first impeachment inquiry against Andrew Johnson was launched by a vote of the United States House of Representatives on January 7, 1867 to investigate the potential impeachment of Andrew Johnson, the president of the United States. It was run by the House Committee on the Judiciary.
The second impeachment inquiry against Andrew Johnson was an impeachment inquiry against Andrew Johnson, the president of the United States. It followed a previous inquiry in 1867. The second inquiry, unlike the first, was run by the House Select Committee on Reconstruction. The second inquiry ran from its authorization on January 27, 1868 until the House Select Committee on Reconstruction reported to Congress on February 22, 1868.
The House Select Committee on Reconstruction was a select committee which existed the United States House of Representatives during the 40th and 41st Congresses with a focus related to the Reconstruction Acts. The 39th Congress had had a similar joint committee called the United States Congressional Joint Committee on Reconstruction.
Andrew Johnson became the first president of the United States to be impeached by the United States House of Representatives on February 24, 1868 after he acted to dismiss Edwin Stanton as secretary of war in disregard for the Tenure of Office Act.