The President Pro Tempore of the Senate: History and Authority of the Office

Introduction

The President pro tempore of the Senate is one of only three legislative officers established by the U.S. Constitution. The other two are the Speaker of the House of Representatives and the Vice President of the United States, who also serves as President of the Senate. The Constitution designates the President pro tempore to serve in the Vice President's absence. The President pro tempore is often popularly known as the President pro tem.

The role of the President pro tempore has evolved since John Langdon of New Hampshire first took the chair on April 6, 1789, in the absence of Vice President John Adams.¹ Once only temporary stand-ins for the Vice President, contemporary Presidents pro tempore now effectively serve as long as their party holds a majority in the Senate. By virtue of the Succession Act of 1792, the President pro tempore stood second in the line of presidential succession after the Vice President for nearly a century. The Succession Act of 1886 removed the President pro tempore as a successor. With the passage of the Presidential Succession Act of 1947, the President pro tempore was restored to the line of succession, this time following the Vice President and the Speaker of the House. At one time Presidents pro tempore appointed committee members and wielded considerable power within the Senate, but now they are more limited in their independent authority.

Perhaps the greatest change in the office came in 1890, when the Senate decided that Presidents pro tempore would hold the office continuously until the election of a successor, regardless of whether the Vice President was present or absent. Since that time, the office has been customarily occupied by the most senior Senator of the majority party. Although the office's practical authority has diminished somewhat, it remains powerfully symbolic of the dignity of the U.S. Senate. As one historian of the Senate has written, "election of a senator to the office of the president pro tempore has always been considered one of the highest honors offered to a senator by the Senate as a body."²

On January 6, 2015, the Senate adopted S.Res. 3, electing Orrin G. Hatch, Republican of Utah, to be President pro tempore of the Senate. Senator Patrick J. Leahy, Democrat of Vermont, had previously served as President pro tempore.

In addition to a survey of the origins, history, and authorities of the office of the President pro tempore, this report includes accompanying tables that provide further historical data. Table 1 identifies each of the Presidents pro tempore since 1789. Table 2 provides information on the two Senators who have held the office of Deputy President pro tempore. Historical data on the single Senator to serve as Permanent Acting President pro tempore is found in Table 3. The more recently established office of President pro tempore Emeritus is noted in Table 4. A brief bibliography is also provided. An appendix explains the abbreviations used to denote party affiliations in Table 1.

In addition to statutory law and rules of the Senate, other sources provide information on the office of the President pro tempore. The principal source for party affiliations in Table 1 is Senator Robert C. Byrd's The Senate, 1789-1989, vol. IV: Historical Statistics, 1789-1992.³ The Senate Manual contains tables similar to Tables 1 and 2 in this report.⁴

The official compilation of Senate precedents, including those relating to the President pro tempore, is printed as Riddick's Senate Procedure. The latest version, revised and edited by former Senate Parliamentarian Alan S. Frumin, was printed in 1992 (S.Doc. 101-28).⁵ Online statutory information about the President pro tempore can also be found in commercial databases such as Lexis-Nexis and for free through the website of the Office of the Law Revision Counsel of the U.S. House of Representatives.⁶ Other scholarship also contributed to this report.⁷

Historical Development of the Office of the President Pro Tempore

Origins

Article I, Section 3, of the U.S. Constitution declares, "The Senate shall choose 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."

Aside from the Vice President's designation as President of the Senate, the President pro tempore is the only position in the Senate explicitly established by the Constitution.

After a sufficient number of Senators arrived to constitute a quorum for the First Congress on April 6, 1789, the credentials of those present were approved and ordered filed. Next, the chamber selected a President of the Senate "for the sole purpose of opening and counting the votes for President of the United States."⁸ John Langdon of New Hampshire was elected and performed this task. After the election of John Adams as Vice President, the Senate immediately "proceeded by ballot to the choice of a President of their body, pro tempore," because Adams had not yet arrived to assume his duties as President of the Senate.⁹

Again, Langdon was chosen, this time to preside over the Senate, and he continued to do so until Vice President Adams appeared in the chamber on April 21, 1789. When Adams took the chair, Langdon's service as President pro tempore came to an end. Langdon was re-elected to the office on August 7, 1789, when Adams was again absent.¹⁰

Tenure

For more than a century, the Senate acted upon the theory that a President pro tempore could be chosen only in the absence of the Vice President and that the tenure of a President pro tempore expired when the Vice President resumed his duties in the Senate.¹¹ Under this interpretation of the Constitution, the Senate elected a President pro tempore each time the Vice President was absent at the beginning of a daily session. Between April 1789 and March 1890, the Senate elected Presidents pro tempore on no fewer than 166 occasions. Ten such elections were held during the 42^nd Congress.

During the period from April 1789 to March 1890, Presidents pro tempore usually served no more than a few consecutive days before the Vice President returned to replace them. A few men, however, did enjoy relatively long uninterrupted tenures because of the death, extended illness, or chronic absenteeism of some Vice Presidents or because of a vice presidential vacancy following the death of a President.

Between 1811 and 1825, for example, John Gaillard of South Carolina and, to a lesser degree, James Barbour of Virginia served as Presidents pro tempore for considerable periods due to the deaths of two Vice Presidents and the absenteeism of a third. Two different Senators were President pro tempore for nearly four years after Vice President John Tyler assumed the presidency in March 1841 following William Henry Harrison's death one month after his inauguration as chief executive. Samuel L. Southard of New Jersey occupied the chair for the remainder of 1841 and the first five months of 1842, when Willie P. Mangum of North Carolina was chosen President pro tempore. Mangum served until the inauguration of the next Vice President, George M. Dallas, on March 3, 1845.

Similarly, William R. King of Alabama served extensively in the chair during the late 1830s and early 1840s by virtue of his election as President pro tempore on nine consecutive occasions between July 1836 and March 1841. King also held the position continuously from mid-1850 through late 1852 after Vice President Millard Fillmore succeeded to the presidency upon President Zachary Taylor's death. Senator Benjamin F. Wade of Ohio also enjoyed a long term as President pro tempore after Andrew Johnson became President following President Abraham Lincoln's assassination, as did Senator John Sherman of Ohio and subsequently John J. Ingalls of Kansas following Vice President Thomas A. Hendricks's death in 1885.¹²

By the late 19^th century, the Senate's workload had grown dramatically, and the political parties had increasingly assumed responsibility for organizing the work of the chamber and controlling debate on the floor.¹³ The role of the presiding officer was consequently diminished. Moreover, questions had arisen over the years about the election of the President pro tempore. For example, is the President pro tempore of the Senate an officer of the Senate, and, does the death of the Vice President after the election of a President pro tempore have the effect of vacating the office of the President pro tempore and requiring a new election? These questions were raised in concrete form following the death in November 1875 of Vice President Henry Wilson, who was considered a "highly efficient and acceptable presiding officer."¹⁴ In January 1876 a report by the Committee on Privileges and Elections responded to these and other questions involving the "character and tenure" of the President pro tempore.¹⁵

After debate on the committee's report, the Senate adopted several clarifying resolutions. First, it determined that the tenure of a President pro tempore elected at one session would continue without interruption through a recess and into the next session until the Vice President appeared.

Second, it decided that the death of a Vice President did not automatically vacate the office of the President pro tempore if one had been properly chosen. Third, the Senate affirmed its authority to replace a President pro tempore whenever it pleased.¹⁶

These questions were of more than internal Senate interest throughout this period, since the President pro tempore followed the Vice President in the order of succession to the presidency. The Succession Act of 1792 provided that if both the President and Vice President were to die or otherwise become unable to exercise the powers of the presidency at a time when the Senate was officially absent from the nation's capital, and if that body had not chosen a President pro tempore to hold the office during the recess, then the Speaker of the House, under the law, would "act as President of the United States."¹⁷

Considering the transportation available in those days, it might take weeks before enough Senators could reassemble and choose a new President pro tempore. Prudence therefore required that the Senate should elect someone to hold that office during the recesses between sessions of a Congress. Because the Senate at the time acted upon the theory that it could not choose a President pro tempore while the Vice President was present, it quickly became the custom after 1792 for the latter to withdraw from the chamber shortly before the end of a session so that Senators might "legally" elect one of their own to the position.¹⁸ Further, historian George H. Haynes notes:

In order that a Senator might be in a position to take upon himself the duties of President of the United States if the necessity should arise, a precedent, set by John Adams and scrupulously followed by Jefferson and Burr, was established whereby the Vice-President would absent himself—'out of courtesy, not necessity,' as Senator Evarts insisted—a day or so before the end of the session, to afford the Senate an opportunity to elect a President pro tempore who should hold office during the recess.¹⁹

Such withdrawals, as noted, were matters of courtesy rather than law, and while most Vice Presidents adhered to the custom, a few, inevitably, did not, usually because of critical political circumstances.²⁰ When both the President pro tempore and the Speaker of the House were removed from the line of succession by the Succession Act of January 19, 1886, the necessity for such maneuvers was eliminated.²¹

Four years later the Senate resolved the question of the President pro tempore's tenure when it adopted a resolution originally introduced by Senator William M. Evarts of New York. As adopted by the Senate on March 12, 1890, the resolution read:

Resolved, That it is competent for the Senate to elect a President pro tempore, who shall hold the office during the pleasure of the Senate and until another is elected, and shall execute the duties thereof during all future absences of the Vice-President until the Senate otherwise order.²²

That resolution is still in effect. Under its terms a President pro tempore, once elected, holds the post continuously whether or not the Vice President is absent (although, of course, he may not preside over the Senate unless the Vice President steps down from the chair). The tenure of the President pro tempore ends upon the expiration of the term for which he was elected Senator, a precedent dating back to at least 1841. He may, of course, resign, or the Senate may elect another in his stead at its pleasure.

The Presidential Succession Act of 1947 restored the President pro tempore to the line of succession, placing him after the Vice President and Speaker of the House and ahead of the Cabinet.²³ But neither the 1947 act nor the 25^th Amendment to the Constitution, which further clarifies the rule of presidential succession, has any impact on the tenure of the President pro tempore in his relationship to the Senate as the chamber's presiding officer.

Election to the Office

The usual practice of the Senate has been to elect as its President pro tempore a candidate of the majority party—almost invariably by a party-line vote or, in recent years, without a record vote. Most often, that person has continued to serve in the post so long as his party remains in the majority.

On a few occasions, the majority party has experienced difficulty in electing its candidate. Late in 1881, for example, Democrats in the Senate refused to permit administration of the oath of office to several Republicans waiting to be sworn in as Senators. As a result of this, the Democrats maintained a narrow majority of the votes in the chamber and proceeded to elect one of their own, Delaware's Thomas F. Bayard, as President pro tempore. Even after the missing Republicans had been installed, the Senate remained equally divided between the two major parties. An arrangement was eventually agreed upon and an independent Senator, David Davis of Illinois, was elected to replace Bayard as President pro tempore.²⁴

When the 62^nd Congress convened in 1911, Republicans held a nominal majority of seats in the Senate. A faction of seven progressive Republicans, however, refused to vote for the regular Republican candidate for President pro tempore, and their defection prevented election of a presiding officer. (While neither the Constitution nor the rules of the Senate explicitly exclude election of a President pro tempore by a plurality, the practice of the Senate has been to assume that a majority vote is required.) One observer noted:

After fifteen ballots, distributed through five days, compromise became necessary to enable business to go forward. Upon motion of a Republican leader, a Democrat was unanimously elected President pro tempore for a single day, and thereafter for the rest of the session, ending August 26, 1912, Presidents pro tempore were elected for brief, designated periods, Senator [Augustus] Bacon, Democrat, alternating with four Republicans, some of whom served for but a single day. In the short session which ended that sixty-second Congress, this alternating arrangement was continued, [Augustus] Bacon, Democrat, and [Jacob] Gallinger, Republican, each serving a fortnight at a time.²⁵

Practice of President Pro Tempore Being the Senator with Longest Service

Of the Presidents pro tempore who have served since 1945, only one has not been the most senior Senator in his party—Senator Arthur Vandenberg of Michigan, who was the second-ranking Republican in the Senate at the time of his election in 1947.²⁶

Prior to 1945, while the parties had for the most part tended to put forward men with long senatorial service as candidates for President pro tempore, there were some notable exceptions. Senator George H. Moses of New Hampshire ranked only 15^th among Senate Republicans when he was elected President pro tempore in 1925, and Senator Albert B. Cummins of Iowa ranked 12^th when he was first chosen in 1919. In 1846, Senator David R. Atchison of Missouri was elected President pro tempore before he had completed half his first term as a Senator, and Senator Willard Saulsbury of Delaware was also still in his first term when the Senate elevated him to the post on December 14, 1916.

Even during the 19^th century, the Senate sometimes elected Presidents pro tempore from among the longest-serving Members of the Senate. Men like Senators William P. Frye of Maine, John J. Ingalls of Kansas, Allen G. Thurman of Ohio, and Henry B. Anthony of Rhode Island held significant seniority when elected President pro tempore. That tradition continued and evolved in the 20^th century, with the exceptions noted above. By the middle of the 20^th century, the Senate routinely elected as its President pro tempore the most senior Senator of the majority party.

Senator Strom Thurmond of South Carolina is one of two Senators in the post-war era to serve at least three non-consecutive terms as President pro tem. He first served from 1981 to 1987 and was then elected again at the beginning of the 104^th Congress in 1995. Following the interim election of Senator Robert C. Byrd of West Virginia (the most senior Democrat) to serve at the start of the 107^th Congress (from January 3, 2001, to January 20, 2001), Senator Thurmond was again elected as President pro tempore to serve beginning at noon on January 20, 2001.

The President pro tempore during the 108^th and 109^th Congresses was Senator Ted Stevens of Alaska. He succeeded Senator Thurmond, who retired from the Senate at the end of the 107^th Congress. Senator Stevens served as President pro tem Emeritus in the 110^th Congress.

Senator Robert C. Byrd, the only Senator in the modern era to serve four non-consecutive terms, was first elected President pro tempore in 1989, and served until 1995. He again served from January 3, 2001, to January 20, 2001. Senator Byrd was again elected President pro tempore in the 107^th Congress on June 6, 2001, after Senator James Jeffords of Vermont left the Republican party and became an Independent and control of the Senate switched to the Democrats. Senator Byrd began his fourth non-consecutive term when he was elected President pro tem by his colleagues on January 4, 2007, at the beginning of the 110^th Congress. Senator Byrd died while serving as President pro tem and was replaced by Hawaii Senator Daniel K. Inouye. Upon the death of Senator Inouye, Senator Patrick J. Leahy assumed the office. When Republicans became the majority party in the Senate in the 114^th Congress, Senator Orrin G. Hatch was elected President pro tempore.

Salary

In 1816, Congress for the first time accorded the President pro tempore a larger salary than that allotted to other Senators—but only when the office of Vice President was vacant.²⁷ In 1818, the law was amended so that the President pro tempore would receive additional compensation for each day he presided over the Senate whether the office of Vice President was vacant or the Vice President was absent.²⁸

In 1845, and again in 1854, when the office of the Vice President was vacant, the Senate in each case adopted a resolution authorizing compensation for the President pro tempore that was equal to that established by law for the Vice President.²⁹ The practice of compensating Presidents pro tempore at the same rate as the Vice President when the vice presidency is vacant was confirmed in law on August 16, 1856.³⁰ In 1969, the salary of the President pro tempore was fixed at the same level as that of the majority and minority leaders of both houses.³¹ When a vacancy exists in the office of the Vice President, the President pro tempore receives the salary provided the Vice President.³²

Power, Authority, and Responsibilities of the President Pro Tempore

The President pro tempore lacks the formal institutional and political powers of the Speaker of the House—the congressional officer to whom he is often compared. Nor does he have the authority of the major party leaders in the Senate, especially the majority and minority leaders. Nevertheless, the Constitution, public law, the chamber's rules and precedents, and Senate customs provide the President pro tempore a significant role to play in the life of the Senate.

Power and Authority as Presiding Officer

For about 10 years, from late 1823 to late 1833, Presidents pro tempore enjoyed the privilege of appointing the membership of the Senate's standing committees at the beginning of a session.³³ Several times during the later years of this period, the rule was partially suspended so that the Senate could elect the President pro tempore to a chairmanship.³⁴ The President pro tempore also evidently appointed Senators to committees in 1838, 1843, and 1863.³⁵

Historically, the powers and prerogatives of the President pro tempore as a presiding officer have differed little from those of the Vice President. One notable exception involves the privilege of appointing a substitute to perform the duties of the chair. From 1820 until 1883, the Senate operated under a rule stating, in part, that "the Presiding Officer shall have the right to name a Senator to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment."³⁶

That rule was subsequently amended to restrict the privilege solely to the President pro tempore.³⁷ Moreover, the Senate had many times previously honored the request of a President pro tempore that another Senator take his place for a day or longer while denying the same privilege to the Vice President.³⁸

In 1902, the rules were further amended to empower the President pro tempore to designate a Senator to perform the duties of the chair for an unspecified time during a vacancy in the office of Vice President.³⁹ Usually the President pro tempore designates Members of his own party to replace him in the chair. In a notable exception, President pro tempore Carl Hayden, a Democrat, once appointed Republican Senator George D. Aiken of Vermont to preside for a day.⁴⁰

Under the Constitution, the Vice President may cast a vote in the Senate only when the body is equally divided.⁴¹ The question of whether a President pro tempore retained his vote while he was performing the duties of his office was clarified by a Senate resolution adopted on April 19, 1792, which declared that he retained "his right to vote upon all questions."⁴²

In the modern Senate, with the exception of his authority to appoint other Senators to preside, the President pro tempore's powers as presiding officer differ little from those of the Vice President or any other Senator who presides over the Senate. These powers include the authority to:

• Recognize Senators desiring to speak, introduce bills, or offer amendments and motions to bills being debated. The presiding officer's power of recognition is much more limited than that of the House Speaker or whoever presides in the House. In the Senate, the presiding officer is required by Rule XIX to recognize the first Senator standing and seeking recognition.⁴³ By precedent, the party floor leaders and committee managers are given priority in recognition.
• Decide points of order, subject to appeal by the full Senate.
• Appoint Senators to House-Senate conference committees, although this function is essentially ministerial. Conferees are almost always first determined by the chairman and ranking Member of the standing committee with jurisdiction over the measure, in consultation with party leaders. A list of the recommended appointments is then provided to the chair.
• Enforce decorum.
• Administer oaths.
• Appoint members to special committees—again, after the majority and minority leaders make initial determinations.⁴⁴

Position as Presidential Successor

In the earliest years of the nation, the President pro tempore was not included in the order of succession, which at first extended only as far as the Vice President. The Succession Act of 1792 designated, after the Vice President, the President pro tempore and the Speaker of the House, in that order.⁴⁵ A later statute, the Succession Act of 1886 transferred succession after the Vice President from the President pro tempore and the Speaker to the Cabinet officers in the chronological order in which their departments had been created.⁴⁶ With the passage of the Succession Act of 1947, the President pro tempore was restored as a successor to the presidency after the Vice President and Speaker of the House.⁴⁷

Although ratification of the 25^th Amendment in 1967 did not supplant the order of succession established by the Presidential Succession Act of 1947, it empowered the President to nominate a Vice President whenever that office is vacant and rendered it unlikely that the President pro tempore would become President except in the event of an unprecedented national catastrophe.⁴⁸

Other Duties and Responsibilities

Over the years, other powers have also accrued to the President pro tempore. Many of these are ministerial. Decisions are first made by each party's principal political leaders—in the Senate, the majority and minority floor leaders—and the President pro tempore's charge is to implement their decisions. These include appointments to the following positions:

• Director of the Congressional Budget Office (made jointly with the Speaker of the House);
• Senate legislative counsel and legal counsel;
• Senators to serve on trade delegations; and
• Certain commissions, advisory boards, and committees, such as the boards of visitors to the U.S. military academies;,the American Folklife Center, and the U.S. Holocaust Memorial Council.⁴⁹

The President pro tempore is responsible for recommending candidates for U.S. Comptroller General, the head of the Government Accountability Office. Following the recommendation of the Senate majority and minority leaders, he appoints Members of the Senate to the U.S. delegation to the Parliamentary Assembly Conference on Security and Cooperation in Europe.⁵⁰

Under statute, the President pro tempore also makes recommendations for membership to the Morris K. Udall Scholarship and Excellence In National Environmental Policy Foundation and the James Madison Memorial Fellowship Program.⁵¹ Similarly, he makes appointments to the National Commission on Social Security, the Social Security Advisory Board, the Advisory Council on Unemployment Compensation, the National Commission on Children, the Commission on International Religious Freedom, and the board of the Christopher Columbus Fellowship Foundation.⁵²

The President pro tempore is authorized to receive certain reports from government offices. Examples of these include:

• An annual report pursuant to a Department of Agriculture program to improve conservation and sustainable agriculture in Latin America and the Caribbean;⁵³ and
• An annual report on juvenile justice and delinquency prevention programs.⁵⁴

After the President has submitted a report pursuant to the War Powers Act, the President pro tempore and the Speaker of the House have the authority to request jointly that the President convene Congress in order to consider the content of the report and to take appropriate action.⁵⁵

The President pro tempore is a member of certain commissions, boards, and committees, including:

• The Senate Commission on Art,
• The U.S. Capitol Preservation Commission,
• The commission to recommend candidates for Architect of the Capitol, and
• The congressional Joint Leadership Group.⁵⁶

Also, the President pro tempore works with the Secretary of the Senate and the Sergeant at Arms of the Senate to ensure the enforcement of the rules governing the use of the Capitol and the Senate office buildings.⁵⁷

For many years the President pro tempore held the "patronage book," as it was called, and had considerable influence in the distribution of patronage for positions that today are filled by professional staff. Carl Hayden of Arizona, who served as President pro tempore from 1957 to 1969, was the last President pro tempore to exercise this authority.⁵⁸

Finally, in his history of the Senate, Senator Robert C. Byrd of West Virginia, who served as President pro tempore four times, noted that "Because the president pro tempore stands in the line of presidential succession, he is given a direct-access telephone to the White House and would receive special evacuation assistance from Washington in the case of national emergency."⁵⁹ The President pro tempore is also provided with a personal security detail by the U.S. Capitol Police.⁶⁰

Political Influence of the Office

Senator Arthur Vandenberg, who held the position from 1947 to 1949, was seen as one of the few Presidents pro tempore up to that time who exerted significant political influence. Floyd M. Riddick, a scholar of congressional procedure who later became Senate Parliamentarian, wrote in 1949 that Vandenberg, who chaired the Senate Foreign Relations Committee while serving as President pro tempore, "took quite an important part in the legislative program and no doubt exerted as much influence in what was done and not done as the Speaker of the House."⁶¹ Vandenberg, Riddick emphasized, "was firm in his rulings, of which all but one or two stood as the decision of the Senate, even though several appeals were taken; he participated in discussions of the pending legislation from the chair, perhaps to an unprecedented extent during any Congress of recent years."⁶²

More recently, Senator Richard Russell of Georgia, despite being hospitalized for much of his term as President pro tempore (1969-1971), was seen as wielding power "potentially equal" to that of Vandenberg through his chairmanships of the Appropriations Committee and its Defense Appropriations Subcommittee.⁶³

Today, the degree of political influence exerted by the President pro tempore depends more on other factors in conjunction with a Senator's position as President pro tempore than solely on election to that office. The most important of these are a Senator's position as a senior Member of his party and as a committee chairman. As the most senior Senator of the majority party, his chairmanship is likely to be significant. For example, during the years he was President pro tempore for the first time (1989-1995), Senator Byrd was also chairman of the Appropriations Committee. When the Senate switched from Republican to Democratic control on June 6, 2001, Senator Byrd was elected President pro tempore and returned to chair the Appropriations Committee. As President pro tempore, Senator Thurmond chaired the Judiciary Committee from 1981 to 1987 and, from 1995 to 1999, the Armed Services Committee.⁶⁴ During his tenure as President pro tem during the 108^th and 109^th Congresses, Senator Ted Stevens chaired the Committee on Appropriations and the Committee on Commerce, Science, and Transportation, respectively. Senator Daniel K. Inouye also chaired both the Senate Committee on Appropriations and its Subcommittee on Defense. The current President pro tempore, Senator Orrin Hatch, is chairman of the Committee on Finance and previously chaired both the Committee on Labor and Human Resources and the Committee on the Judiciary.

As Senator Byrd remarked, "Because of his position as a senior Member of the party, and often the chairman of a key committee, the leadership regularly consults the president pro tempore as to his views on policies and actions of the party."⁶⁵

Republicans as well as Democrats consider the President pro tempore an ex-officio member of the party leadership, including the respective caucus and conference, policy committees, and steering committees. In these capacities, the President pro tempore may work closely with the party floor leader.

Offices of the Deputy President Pro Tempore, the Permanent Acting President Pro Tempore, and the President Pro Tempore Emeritus

Office of the Deputy President Pro Tempore

On January 10, 1977, the Senate adopted S.Res. 17, a resolution creating an office of Deputy President pro tempore of the Senate.⁶⁶ The office was created to honor Senator Hubert H. Humphrey, a Democratic Party stalwart, who had served as both Vice President and was a presidential candidate in 1968. Humphrey served in the Senate from 1949 to 1964 and from 1971 until his death in January 1978.

The resolution provided that "any Member of the Senate who has held the Office of President of the United States or Vice President of the United States shall be a Deputy President pro tempore."⁶⁷ Although the resolution did not specifically enumerate the duties and responsibilities of the new office, the Deputy President pro tempore was subsequently provided a staff,⁶⁸ given a salary increase to the level of the majority leader, and—in the event of the absence of the Vice President and the President pro tempore—authorized to preside over the Senate and sign bills as well as resolutions without a specific authorization from the President pro tempore.⁶⁹

Senator Humphrey served as Deputy President pro tempore from January 5, 1977, until his death on January 13, 1978.⁷⁰ The position was next filled by Senator George Mitchell, Democrat of Maine, who was appointed at the start of the 100^th Congress. The elected President pro tempore for the 100^th Congress was Senator John C. Stennis of Mississippi, the most senior Democratic Senator. Senate leaders were concerned that Senator Stennis's poor health might prevent him from fulfilling some of the responsibilities of the office, particularly the President pro tempore's principal responsibility for presiding over the Senate. Senator Mitchell was appointed to assure that a presiding officer would be available all times.⁷¹ Senator Mitchell served as Deputy President pro tempore from 1987 until he was elected majority leader for the 101^st Congress on November 29, 1988.⁷² The position has not been filled since that date.

Office of the Permanent Acting President Pro Tempore

In early 1963, the Senate began debate on what became the landmark Civil Rights Act of 1964. The President pro tempore at the time was Carl T. Hayden of Arizona, then 86 years old. Early in the debate, Majority Leader Michael J. Mansfield of Montana reportedly expressed concern about Hayden's age and physical stamina during what was likely to be a long and difficult debate. In February 1963, Mansfield told a group of visitors that if an around-the-clock filibuster developed, as it eventually did, he did not want to be responsible for the elderly Hayden's demise.⁷³ Subsequently, in a series of resolutions introduced by Mansfield beginning in June 1963, Senator Lee W. Metcalf of Montana was named acting President pro tempore.⁷⁴ Before his designation, Metcalf was one of a regular group of Senators serving in rotation as presiding officer.

Mansfield chose Metcalf for several reasons. Metcalf was relatively young and vigorous; he lived in an apartment across the street from the Senate and could be called quickly to preside over late night sessions. As Mansfield's junior colleague from Montana, he was also considered trustworthy and unlikely to rule against the majority floor leader.⁷⁵

On February 7, 1964, the Senate approved a resolution, S.Res. 296, which authorized Senator Metcalf to be "Acting President pro tempore until otherwise ordered by the Senate." On March 31, more than two months before cloture on the civil rights bill was finally invoked, but after a strenuous period of parliamentary maneuvering, Senator Mansfield spoke on the floor of Senator Metcalf's role as presiding officer:

The role of the Presiding Officer of the U.S. Senate has had its ups and downs in the history of this legislative body. In recent years, and more particularly in recent weeks, the Presiding Officer has assumed a position of renewed importance. The man most responsible for this new role is my distinguished colleague from Montana, Senator Metcalf.

Senator Metcalf, in his role as Acting President pro tempore, brings vigor, [and] knowledge of the legislative process to a position which all too often is looked upon as a chore.⁷⁶

Senator Metcalf served as Permanent Acting President pro tempore and presided frequently over the Senate in that capacity until his death in January 1978.⁷⁷ The office has not been filled since then.

Office of the President Pro Tempore Emeritus

In May 2001, Senator James Jeffords of Vermont changed his party affiliation from Republican to Independent, and the Senate—until then evenly divided (and operating under a series of formal and informal power-sharing agreements)—switched to Democratic control. On June 6, the Senate elected Robert C. Byrd, Democrat of West Virginia, to be the President pro tempore.⁷⁸ At the same time, Senator Strom Thurmond, Republican of South Carolina, who had served as President pro tempore since January 20, 2001, was elected President pro tempore Emeritus.⁷⁹

The practice of electing a Senator as President pro tempore Emeritus continued in the 108^th Congress. Senator Byrd was elected to the office on January 15, 2003.⁸⁰ Senator Ted Stevens served as President pro tempore Emeritus in the 110^th Congress.⁸¹ In the 114^th Congress, Senator Patrick J. Leahy was named President pro tempore Emeritus.⁸²

For Additional Reading

Selected References

Berdahl, Clarence. "Some Notes on Party Membership in Congress." American Political Science Review, vol. 43 (April 1949: 309-332; June 1949: 492-508; and August 1949: 721-734).

Biographical Directory of the American Congress, 1774-1996. Washington: CQ Staff Directories Inc., 1997.

Biographical Directory of the United States Congress, 1774 to the Present. Available online at http://bioguide.congress.gov/biosearch/biosearch.asp.

Byrd, Robert C. The Senate, 1789-1989: Its History and Practice, 4 vols., 100^th Congress, 1^st session. S.Doc. 100-20. Washington: GPO, 1988-1994.

Gamm, Gerald, and Steven S. Smith. "Last Among Equals: The Senate's Presiding Officer." Paper presented at the annual meeting of the American Political Science Association in Boston, MA, September 3-6, 1998.

"The Great Senate Deadlock: 1881." Senate History, no. 9, July 1984: 1, 9-10. An updated version of this article may be found at http://www.senate.gov/artandhistory/history/minute/A_Dramatic_Tie-Breaker.htm.

Haynes, George H. "The Senate's President Pro Tempore," in The Senate of the United States: Its History and Practice. New York: Russell & Russell, 1960, pp. 249-259.

Journal of the Senate of the United States, 1789-present, various publishers.

Senate Manual, a document compiled by the Senate Committee on Rules and Administration. The most recent edition is S.Doc. 113-1. 113^th Congress, 1^st session. Washington: GPO, 2014.

Tiefer, Charles. "Vice President and President Pro Tempore," in Congressional Practice and Procedure: A Reference, Research, and Legislative Guide. New York: Greenwood Press, 1989, pp. 490-495.

U.S. Congress. Senate. Pro Tem, Presidents Pro Tempore of the United States Senate Since 1789. S. Pub. 110-18. 110^th Congress, 2^nd session (Washington, GPO: 2008).

U.S. Congress. Senate. "President Pro Tempore." Riddick's Senate Procedure: Precedents and Practices, ed. Floyd M. Riddick and Alan S. Frumin. 101^st Congress, 1^st session. S.Doc. 101-28. Washington: GPO, 1992.

U.S. Congress. Senate Committee on Privileges and Elections. Election of President Pro Tempore of the Senate. 62^nd Congress, 1^st session. S.Rept. 62-30. Washington: GPO, 1911.

U.S. Congress. Senate Committee on Privileges and Elections. President of the Senate Pro Tempore; Proceedings in the United States Senate from April 6, 1789, to December 5, 1911, Relating to the Election, Powers, Duties, and Tenure in Office of the President of the Senate Pro Tempore. Committee print. 62^nd Congress, 1^st session. Washington: GPO, 1911.

CRS Products

CRS Report RL33313, Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups, by [author name scrubbed].

CRS Report RL30567, Party Leaders in the United States Congress, 1789-2014, by [author name scrubbed].

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Footnotes

1.	John Langdon was first elected President pro tempore on April 6, 1789, for the purpose of counting the electoral ballots for President and Vice President. Technically, he did not replace Vice President John Adams in the chair but served prior to the Vice President's formal election on that day. See Debates and Proceedings of the Congress of the United States, vol. 1, April 6, 1789 (Washington: Gales and Seaton, 1834), pp. 16-17, 22. Vice President Adams first appeared in the Senate on April 21, 1789.
2.	Robert C. Byrd, The Senate, 1789-1989: Its History and Practice, 100th Cong., 1st sess., S.Doc. 100-20 (Washington: GPO, 1988-1994), vol. 2, p. 183.
3.	Robert C. Byrd, The Senate, 1789-1989, vol. 4, pp. 647-653.
4.	Senate Manual, 113th Cong., 1st sess., S.Doc. 113-1 (Washington: GPO, 2014), pp. 1800-1801.
5.	Floyd M. Riddick and Alan S. Frumin, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 1st sess., S.Doc. 101-28 (Washington: GPO, 1992).
6.	See http://uscode.house.gov/.
7.	See Gerald Gamm and Stephen S. Smith, Last Among Equals: The Senate's Presiding Officer, paper presented at the annual meeting of the American Political Science Association, Boston, September 1998.
8.	U.S. Congress, Senate Journal, 1st Cong., 1st sess., April 6, 1789, p. 7.
9.	Ibid., p. 8.
10.	Ibid., p. 14; also, George H. Haynes, The Senate of the United States, 2 vols. (New York: Russell and Russell, [1938] 1960), vol. 1, p. 249.
11.	In its report of January 6, 1876, the Senate Committee on Privileges and Elections declared: "The office of the president pro tempore of the Senate must expire whenever the absence of the Vice President is at an end and he appears in the Senate to preside." U.S. Congress, Senate [Election of President Pro Tempore], 44th Cong., 1st sess., S.Rept. 3 (Washington: GPO, 1876), p. 2. See also George P. Furber, Precedents Relating to the Privileges of the Senate of the United States, 52nd Cong., 2nd sess., S. Misc. Doc. 68 (Washington: GPO, 1893), p. 176.
12.	Until the 20th century there was no formal seniority system in the Senate. Of the Senators elected President pro tempore between 1870 and 1900, only two ranked first in their party. "[S]enators instead tended to elect men who were distinguished, popular, and familiar with parliamentary law." Gamm and Smith, Last Among Equals, p. 4.
13.	Ibid., p. 15.
14.	George Henry Haynes, "Henry Wilson," in Dictionary of American Biography, 10 vols. (New York: Charles Scribner's Sons, 1936), vol. 10, p. 324.
15.	U.S. Congress, Senate [Election of President Pro Tempore], 44th Cong., 1st sess., S.Rept. 3 (Washington: GPO, 1876), p. 1.
16.	U.S. Congress, Senate Journal, "Election of President Pro Tempore," 44th Cong., 1st sess. (Washington: GPO, 1875), pp. 90, 99. See also "Office of the President Pro Tempore," Congressional Record, vol. 4 (January 10, 1876), pp. 311-316, and (January 11, 1876) pp. 360-373. These resolutions formalized what had been the usual, though unwritten, practice of the Senate prior to their adoption.
17.	1 Stat. 240.
18.	U.S. Congress, Senate, "Election of President Pro Tempore," 44th Cong., 1st sess., S.Rept. 3 (Washington: GPO, 1876), pp. 3-5. See also Haynes, The Senate of the United States, vol. 1, p. 256.
19.	Haynes, The Senate of the United States, vol. 1, p. 256.
20.	For example, Vice President Elbridge Gerry refused to vacate the chair in 1813 when President James Madison was seriously ill and the Administration's adversaries controlled the Senate. Similarly, Vice President George M. Dallas refused to retire at the end of the special session of 1845. Furber, Precedents Relating to the Privileges of the Senate, p. 179. "In Mar. 1881, the casting vote of the Vice-President was necessary to secure for the Republicans the organization of the Senate. Under those circumstances their ability to elect a President pro tempore was so uncertain that Vice-President Chester A. Arthur, like Vice President Gerry in 1813, 'sat the session out;' and Congress adjourned, May 20, with no one beyond the Vice President in the line of succession.... Four years later, Vice-President Thomas A. Hendricks continued to occupy the Chair till the end of the short session, Apr. 2, thus preventing the Republicans, then in majority, from choosing a President pro tempore." Haynes, The Senate of the United States, vol. 1, pp. 257-258.
21.	CRS Report RL34692, Presidential Succession: Perspectives, Contemporary Analysis, and 110th Congress Proposed Legislation, by [author name scrubbed].
22.	U.S. Congress, Senate Journal, 50th Cong., 2nd sess., p. 165. See also "President Pro Tempore of the Senate," Congressional Record, vol. 21 (March 12, 1890), pp. 2144-2150.
23.	61 Stat. 380.
24.	U.S. Congress, Senate Journal, 47th Cong., 1st sess., pp. 7, 10, 14.
25.	Haynes, The Senate of the United States, vol. 1, p. 252.
26.	Arthur Capper of Kansas was the senior Republican Senator in 1947. Arthur Vandenberg, however, had been his party's choice for President pro tempore for several Congresses before the Republicans ascended to the majority in 1947. He was considered by party leaders more in the party's mainstream than Capper, and Capper himself was in poor health. Interview with Donald A. Ritchie, associate historian, Senate Historical Office, October 19, 2000.
27.	3 Stat. 257.
28.	3 Stat. 404.
29.	U.S. Congress, Senate Journal, 28th Cong., 2nd sess., p. 243; also, Senate Journal, 33rd Cong., 2nd sess., p. 31.
30.	11 Stat. 48.
31.	83 Stat. 107.
32.	11 Stat. 48.
33.	Furber, Precedents Relating to the Privileges of the Senate, pp. 335-336; Haynes, vol. 1, pp. 273-275.
34.	Henry H. Gilfry, Precedents: Decisions on Points of Order with Phraseology, 1789-1913, 62nd Cong., 3rd sess., S.Doc. 1123 (Washington: GPO., 1914), p. 268.
35.	Furber, Precedents Relating to the Privileges of the Senate, pp. 337, 339.
36.	U.S. Congress, Senate Journal, 16th Cong., 1st sess., p. 63.
37.	"Rule 1: Appointment of a Senator to the Chair," Congressional Record, vol. 15, (December 18, 1883), pp. 160-163; and "Amendment to Rule 1," Congressional Record, vol. 16 (January 7, 1884), p. 237.
38.	For an example of the Senate's refusal to accept a direct substitution made by the Vice President, see the incident of January 11, 1847, when the Senate ignored a letter from Vice President George M. Dallas designating Senator David R. Atchison to preside for that day, defeated a resolution appointing Atchison President pro tempore, and then proceeded to elect Atchison to the post by ballot. See U.S. Congress, Senate Journal, 29th Cong., 2nd sess., pp. 161-164. For examples of action by the President pro tempore to appoint substitutes, see Furber, Precedents Relating to the Privileges or the Senate, pp. 186-188.
39.	Senate Rule I(3). The rule today reads: "The President pro tempore shall have the right to name in open Senate, or, if absent, in writing, a Senator to perform the duties of the Chair, including the signing of duly enrolled bills and joint resolutions but such substitution shall not extend beyond an adjournment, except by unanimous consent; and the Senator so named shall have the right to name in open session, or if absent, in writing, a Senator to perform the duties of the Chair, but not to extend beyond an adjournment, except by unanimous consent."
40.	"Designation of Acting President Pro Tempore," Congressional Record, vol. 112 (August 23, 1966), p. 20275.
41.	U.S. Constitution, Article I, Section 3.
42.	U.S. Congress, Senate Journal, 2nd Cong., 1st sess., p. 429.
43.	Senate Rule XIX(1)(a), 114th Congress.
44.	Details of these appointment powers can be found in CRS Report RL33313, Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups, by [author name scrubbed].
45.	1 Stat. 240.
46.	24 Stat. 1.
47.	61 Stat 380. At the time, President Harry Truman argued that it was more appropriate and democratic to have popularly elected officials, rather than appointed Cabinet officers, first in line to succeed.
48.	CRS Report RL34692, Presidential Succession: Perspectives, Contemporary Analysis, and 110th Congress Proposed Legislation, by [author name scrubbed].
49.	For a comprehensive list of commissions to which the President pro tem makes appointments, see CRS Report RL33313, Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups, by [author name scrubbed].
50.	22 U.S.C. 276m.
51.	20 U.S.C. 5603 and 20 U.S.C. 4502.
52.	See, for example: 42 U.S.C. 907a, 42 U.S.C. 903, 42 U.S.C. 1108, 22 U.S.C. 6431, and 20 U.S.C. 5702.
53.	7 U.S.C. 1738(m).
54.	42 U.S.C. 5617.
55.	50 U.S.C. 1544(a).
56.	Senate Manual, 113th Cong., pp., 557, 562, 415, 566.
57.	Byrd, The Senate, 1789-1989, vol. 2, p. 183.
58.	Ibid., p. 182.
59.	Ibid.
60.	Congressional Record, daily edition, vol. 160 (December 11, 2014) p.S6608.
61.	Floyd M. Riddick, The United States Congress: Organization and Procedure (Washington: National Capitol Publishing Co., 1949), p. 67.
62.	Ibid.
63.	Congressional Quarterly's Guide to Congress, 3rd edition (Washington: Congressional Quarterly, Inc., 1982), p. 393.
64.	See S.Res. 12, adopted January 7, 1999; "Senate Resolution 12—Making Majority Party Appointments to Senate Committees for the 106th Congress," Congressional Record, daily edition, vol. 145 (January 7, 1999), p. S45.
65.	Sen. Robert C. Byrd, "The United States Senate: The President Pro Tempore and the Vice President," Congressional Record, vol. 126 (May 21, 1980), p. 11910.
66.	"Establishment of the Office of Deputy President Pro Tempore of the Senate," Congressional Record, vol. 123 (January 10, 1977), p. 457.
67.	Ibid.
68.	Ibid. Staffing authority was enacted into law by P.L. 95-26, 91 Stat. 80.
69.	P.L. 95-26, 91 Stat. 79.
70.	Although the resolution establishing the Office of the Deputy President pro tempore (S.Res. 27) was approved on January 11, 1977, the effective date was January 5, 1977. "Senate Resolution 27—Electing a Deputy President Pro Tempore of the Senate," Congressional Record, vol. 123 (January 11, 1977), p. 756.
71.	Interview with Donald A. Ritchie, associate historian, Senate Historical Office, January 2, 2001.
72.	Senator Mitchell was recommended for the position of Deputy President pro tempore by Majority Leader Robert C. Byrd. See Byrd, The Senate 1789-1989, vol. 2, p. 182. See also S.Res. 90, and S.Res. 91, adopted January 28, 1987; Sen. Robert C. Byrd, "Designation of A Deputy President Pro Tempore of the Senate and Designation of Senator George S. Mitchell As Deputy President Pro Tempore of The Senate," Congressional Record, vol. 133 (January 28, 1987), pp. 2167-2168.
73.	Charles Whalen and Barbara Whalen, The Longest Debate; A Legislative History of the 1964 Civil Rights Act (Washington: Seven Locks Press, 1985), p. 129.
74.	See S.Res. 155, adopted June 10, 1963, Senator Mike Mansfield, "Continuation of Authority of Acting President Pro Tempore Beyond Adjournment of Senate Today," Congressional Record, vol. 109 (June 10, 1963), p. 10444; S.Res.232, adopted December 9, 1963, Senator Mike Mansfield, "Designation of Senator Metcalf as Acting President Pro Tempore During the Remainder of the Present Session of the Congress," Congressional Record, vol. 109 (December 9, 1963), p. 23754; S.Res. 238, adopted December 20, 1963, Senator Mike Mansfield, "To Continue Authority of Acting President Pro Tempore Until Next Session of Congress," Congressional Record, vol. 109 (December 20, 1963), pp. 25254-25255; and S.Res. 296, adopted February 7, 1964, Senator Mike Mansfield, "Designation of Senator Metcalf as Acting President Pro Tempore," Congressional Record, vol. 110 (February 7, 1964), p. 2401.
75.	Interview with Donald A. Ritchie, associate historian, Senate Historical Office, July 28, 2000; and Whalen, The Longest Debate, pp. 126, 199.
76.	"Senator Metcalf—A Strong Presiding Officer," Congressional Record, vol. 110 (March 31, 1964), p. 6609.
77.	Interview with Donald A. Ritchie, associate historian, Senate Historical Office, January 2, 2001.
78.	See S.Res. 100, adopted June 6, 2001, "Election of the Honorable Robert C. Byrd as President Pro Tempore," Congressional Record, daily edition, vol. 147, p. S5843.
79.	See S.Res. 103, adopted June 6, 2001, "Thanking and Electing Strom Thurmond President Pro Tempore Emeritus," Congressional Record, daily edition, vol. 147, p. S5844.
80.	See S.Res. 21, adopted January 15, 2003, "Thanks to the Honorable Robert C. Byrd and His Designation as President Pro Tempore Emeritus," Congressional Record, daily edition, vol. 149, p. S843.
81.	See S.Res. 6, adopted January 4, 2007, "Expressing the Thanks of the Senate to Senator Ted Stevens and His Designation as President Pro Tempore Emeritus," Congressional Record, daily edition, vol. 153, p. S6.
82.	S.Res. 6, adopted January 6, 2015, "Expressing the Thanks of the Senate to Senator Patrick J. Leahy and His Designation as President Pro Tempore Emeritus," Congressional Record, daily edition, vol. 161, p. S20.