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Article I, Section 3, Clause 4 of the United States Constitution provides that the vice president of the United States is the ex officio president of the Senate, and that the vice president may cast a vote in the Senate only in order to break a tie.[1] According to the U.S. Senate, as of November 17, 2021, 37 vice presidents had cast tie-breaking votes, and the collective number of tie-breaking votes cast by vice presidents was 281.[2] The following is the list of tie-breaking votes cast by vice presidents of the United States.
Constitutional basis[edit]
Article I, Section 3, Clause 4 of the Constitution of the United States directly states:
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
History[edit]
The first president of the Senate, John Adams, cast 29 tie-breaking votes. He cast his first tie-breaking vote on July 18, 1789.[3] His votes protected the president's sole authority over the removal of appointees, influenced the location of the national capital, and prevented war with Great Britain. On at least one occasion he persuaded senators to vote against legislation that he opposed, and he frequently lectured the Senate on procedural and policy matters. Adams's political views and his active role in the Senate made him a natural target for critics of the Washington administration. Toward the end of his first term, as a result of a threatened resolution that would have silenced him except for procedural and policy matters, he began to exercise more restraint in the hope of realizing the goal shared by many of his successors: election in his own right as President of the United States.[4]
John C. Calhoun was the only vice president to ever cast tie-breaking votes against his own president, Andrew Jackson. President Jackson nominated Martin Van Buren as United States Minister to the United Kingdom, as Van Buren was acting minister on a recess appointment. Calhoun cast a tie-breaking vote to delay the nomination on January 13, 1832, and later cast a vote to defeat the nomination on January 25. Calhoun's supporters in the Senate provided him with the opportunity to spite Jackson, where just enough of Calhoun's faction abstained to create a tie that he was then able to break.[5]
In the early 21st century, the increased threat of a filibuster led to a rise in the use of cloture to end debate in the Senate, especially on high-profile issues where the Senate is sharply divided.[citation needed] The increased use of cloture made the vice president's tie-breaking vote less likely to be used, as the invocation of cloture requires a three-fifths majority (rather than a simple majority).[citation needed] However, in 2013, the cloture requirement was reduced to a simple majority for all executive and judicial nominations except Supreme Court nominations.[6] In 2017, the cloture requirement was reduced to a simple majority for Supreme Court nominations.[7] These rules changes led to the first ever use of a tie-breaking vote to confirm a Cabinet member when Mike Pence broke a tie to confirm Betsy DeVos as Secretary of Education in 2017.[8] In 2018, Pence broke a tie to confirm Jonathan A. Kobes to the Court of Appeals for the Eighth Circuit; this was the first ever tie-breaking vote to confirm a judicial nominee in U.S. history.[9]
Since January 20, 2021, the current 117th Congress' Senate has been divided 50–50 between Republicans and Democrats; therefore, Vice President Kamala Harris' tie-breaking vote gives the Democrats the Senate majority.[10] On July 20, 2021, Harris broke Pence's record for tie-breaking votes in the first year of a vice presidency[11] when she cast the seventh tie-breaking vote in her first six months.[2] As of November 2021, Harris has cast 13 tie-breaking votes during her first year in office, the most tie-breaking votes in a single year in U.S. history, surpassing John Adams who cast 12 votes in 1790.[2][12]
In general, tie-breaking votes have become less common over time, both in terms of absolute frequency and in terms of the average number of such votes cast by individual vice presidents. More tie-breaking votes were cast by the first 14 vice presidents in the 73 years from 1789 to 1862 (145) than have been cast by the 35 vice presidents in the 159 years since then (136).[12]
List of vice presidents by number of tie-breaking votes[edit]
As of November 17, 2021[update], there have been 281 tie-breaking votes cast by 37 vice presidents. Twelve vice presidents did not cast any, which is the most common occurrence. The mean number of tie-breaking votes is 5.7, and the median is 3.
List of tie-breaking votes since 1945[edit]
Senate President | Date | Bill | Vote | Ultimate result |
---|---|---|---|---|
Harry S. Truman | April 10, 1945 | Taft amendment to H.R. 2013 (Lend-Lease Extension Act of 1945) to block the postwar delivery of Lend-Lease Act items contracted for during World War II.[13][14] | Nay: 39–40 | Amendment defeated. |
Alben W. Barkley | September 15, 1949 | Motion to reconsider the vote by which the Senate agreed to the McCarthy amendment to H.R. 1211 (Trade Agreements Extension Act of 1949) to direct the president to establish import quotas on furs and fur products.[15] | Yea: 42–41 | Motion agreed to. The amendment was defeated in the re-vote. |
September 15, 1949 | Motion to table the motion to reconsider the vote by which the Senate agreed to the McCarthy amendment to H.R. 1211 (Trade Agreements Extension Act of 1949).[15] | Nay: 41–42 | Motion defeated. H.R. 1211 passed and enacted without amendments added. The reciprocal trade agreements program is extended to 1951. | |
October 4, 1949 | Motion to table the motion to reconsider the vote by which the Senate rejected the Young-Russell amendment to H.R. 5345 (Agricultural Act of 1949) to make mandatory price support at 90% parity on cotton, wheat, corn, rice, peanuts.[16] | Nay: 37–38 | Motion defeated. The Young-Russell amendment is reconsidered for a new roll call vote. | |
October 4, 1949 | Young-Russell amendment to H.R. 5345 (Agricultural Act of 1949) to make mandatory price support at 90% parity on cotton, wheat, corn, rice, peanuts. [This was a re-vote after the motion to reconsider the original defeat of the amendment was passed.][16] | Yea: 38–37 | Amendment passed. This amendment was later changed in a compromise with the House version. H.R. 5345 was passed and enacted. | |
May 3, 1950 | Motion to substitute the Senate Democratic Policy Committee amendment to S.Res. 202 (Nationwide Investigation into Organized Crime Act) to provide for an investigation into gambling and racketeering interstate crime by a special five-member committee called the "Special Committee to Investigate Crime in Interstate Commerce" who would be selected by the vice president. The group's composition would be three Democrats and two Republicans.[17][18] | Yea: 36–35 | Motion agreed to. The Senate Democratic Policy Committee plan replaced the original S.Res. 202 and S.Res. 202 was passed. | |
June 5, 1950 | Conference bill of H.R. 5332 (Foreign-Trade Zones Amendment Act of 1950) to ease restrictions on assembling and processing of foreign goods in the "foreign-trade zones" which the original Act set up in major U.S. ports.[19] | Yea: 31–30 | H.R. 5332 passed and enacted. | |
June 26, 1950 | Conference bill of H.R. 6567 (Commodity Credit Corporation Amendment Act of 1950) to increase the Commodity Credit Corporation's borrowing authority by $2 billion and other farm-related amendments.[20][21] | Yea: 36–35 | H.R. 6567 passed and enacted. | |
June 4, 1952 | Ives amendment to S. 2954 (Defense Production Act Amendments of 1952) to maintain the same equal membership of the Wage Stabilization Board between labor, industry, and the public. The WSB would only be permitted to mediate only in wage disputes.[22][23] | Yea: 42–41 | Amendment passed. A later amendment during conference committee that was included in the final bill changed the composition of the WSB from equal representation between labor, industry, and the public to the board having more representation from the public. | |
Richard Nixon | June 18, 1953 | Motion to proceed to the consideration of the conference report of S. 1081 (Defense Production Act Amendments of 1953).[24][25][26] | Yea: 40–39 | Motion agreed to. |
June 18, 1953 | Motion to table the motion to reconsider the vote by which the Senate agreed to proceed with the consideration of the conference report of S. 1081 (Defense Production Act Amendments of 1953).[24][27][26] | Yea: 42–41 | Motion agreed to. The conference report of S. 1081 moves forward. | |
March 9, 1956 | Aiken amendment to delete from H.R. 12 (Agricultural Act of 1956) 90% rigid mandatory price supports for millable varieties of wheat of 1956 crops.[28] | Yea: 46–45 | Amendment passed, but the final bill was unpalatable to everybody. Vetoed by President Eisenhower. | |
May 29, 1956 | Knowland amendment to H.R. 10660 (Federal Aid Highway Act of 1956) to permit state agencies to determine prevailing wages for projects in the Interstate Highway System.[29] | Yea: 40–39 | Passed, but during conference committee the Knowland amendment wasn't included in the final bill. | |
March 12, 1958 | Motion to table the motion to reconsider the vote on the Monroney amendment to delete the interest rate ceiling hike on American GI mortgages from 4.5% to 4.75% in S. 3418 (Emergency Housing Bill)[30] | Yea: 48–47 | Motion agreed to. GI mortgages now had an interest rate ceiling of 4.75% | |
April 22, 1959 | Motion to table the motion to reconsider the vote on the McClellan amendment to S. 1555 (Labor Management Reporting and Disclosure Act of 1959) to add a bill of rights for union members to include guarantees of freedom of speech and periodic secret elections of officers.[31][32] | Yea: 46–45 | Motion agreed to. A bill of rights for union workers was included in the final bill that was passed and enacted. | |
February 3, 1960 | Motion to table the motion to reconsider the vote on the Clark amendment to S. 8 (Emergency Federal Assistance for School Construction Act) to authorize $1.1 billion per year of federal funds for an indefinite period for school construction and teachers' salaries.[33] | Yea: 45–44 | Motion agreed to. A scaled-down version of the federal education funds passed later. | |
May 2, 1960 | Gruening amendment to H.R. 11510 (Mutual Security Act of 1960) to prevent the president from using contingency funds to help replace cuts Congress may make later in other aid funds.[34][35] | Nay: 44–45 | Amendment defeated. | |
Lyndon B. Johnson | No votes | |||
Hubert Humphrey | August 17, 1965 | Motion to reconsider the vote rejecting the Fannin amendment to keep governors' full veto rights over three anti-poverty programs (work-training, community action and adult education) intact in H.R. 8283 (Economic Opportunity Amendments of 1965).[36][37][38] | Nay: 45–46 | Motion defeated. The Senate version of a full repeal of veto rights was rejected eventually. The House version's limited repeal of veto rights was included in the final bill. |
September 13, 1965 | Bass amendment to H.R. 9811 (Food and Agriculture Act of 1965)[39] to strike from the bill a provision transferring from the Secretary of Labor to the Secretary of Agriculture authority to determine whether foreign farm workers are required by U.S. farmers.[40] | Yea: 46–45 | H.R. 9811 was passed and enacted. | |
May 9, 1967 | Gore-Williams amendment to H.R. 6950 (Restoring the Investment Tax Credit and the Allowance of Accelerated Depreciation in the Case of Certain Real Property Act)[41] to make the 1966 Presidential Election Campaign Fund Act inoperative after September 15, 1967.[42] | Nay: 48–49 | Eventually H.R. 6950 was passed and enacted but with an amendment to make the 1966 Presidential Election Campaign Fund Act inoperative. | |
March 11, 1968 | Clark amendment to H.R. 15399 (Urgent Supplemental Appropriations Act) to appropriate $25 million for the Office of Economic Opportunity's Head Start Program.[43] | Yea: 43–42 | H.R. 15399 died in Congress. The $25 million funding for Head Start was approved in a different bill.[44] | |
Spiro Agnew | August 6, 1969 | Smith amendment to prohibit funding for the Safeguard anti-ballistic missile program[45][46][47] | Nay: 50–51 | The Safeguard anti-ballistic missile program was authorized and came into fruition. |
July 17, 1973 | Motion to table the motion to reconsider the Gravel-Stevens amendment to S. 1081 (Trans-Alaska Pipeline Authorization Act) that states that the Interior Department has met all the requirements of the National Environmental Policy Act for the Trans-Alaska Pipeline project.[48][49][47] | Yea: 50–49 | Motion agreed to. The Trans-Alaska Pipeline Authorization Act was ultimately passed and enacted in November 1973. The act authorized construction of the Trans-Alaska Pipeline. | |
Gerald Ford | No votes | |||
Nelson Rockefeller | No votes | |||
Walter Mondale | November 4, 1977 | Motion to table the Curtis amendment to H.R. 9346 (Social Security Tax Act of 1977) to continue the tradition of employers and employees paying equal shares of Social Security taxes.[48][50] | Yea: 42–41 | Motion agreed to. |
George H. W. Bush | July 13, 1983 | Motion to table Pryor Amdt.1468 on nerve gas | Yea: 50–49 | Motion agreed to. |
November 8, 1983 | Stevens/Tower/Goldwater Amdt.2517 on nerve gas | Yea: 47–46 | Agreed to. | |
June 14, 1984 | Motion to table Moynihan Amdt.3208 on MX missiles | Yea: 49–48 | Motion agreed to. | |
May 10, 1985 | Dole Amdt.93 on cutting deficit | Yea: 50–49 | Agreed to. | |
July 23, 1986 | Motion to reconsider vote on Manion nomination | Nay: 49–50 | Motion defeated so Manion remained confirmed. | |
August 7, 1986 | Pryor Amdt.2612 on nerve gas | Nay: 50–51 | Amendment defeated. | |
September 22, 1987 | Motion to table Johnston Amdt.710 on SDI funding | Yea: 51–50 | Motion agreed to. | |
Dan Quayle | No votes | |||
Al Gore |
June 25, 1993 | H.R. 2264 (Omnibus Budget Reconciliation Act of 1993) | Yea: 50–49 | Conference Report (see below) enacted as Pub.L. 103–66. |
August 6, 1993 | H.R. 2264 (Omnibus Budget Reconciliation Act of 1993) Conference Report | Yea: 51–50 | Enacted. Pub.L. 103–66 | |
August 3, 1994 | Motion to table S.Amdt. 2446 (Johnston Ethanol Limitation Amendment) to H.R. 4624 (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1995) | Yea: 51–50 | S.Amdt. 2446 tabled. | |
May 20, 1999 | S.Amdt. 362 (Lautenberg Gun Show Sales Amendment) to S. 254 (School Safety Act of 1999) | Yea: 51–50 | S. 254 returned to Senate by House via blue slip. Expired at end of session. | |
Dick Cheney | April 3, 2001 | S.Amdt. 173 (Grassley Prescription Drug Reserve Fund Amendment) to H.Con.Res. 83 (2002 budget) | Yea: 51–50 | Agreed to. |
April 5, 2001 | S.Amdt. 347 (Hutchison Marriage Penalty Tax Elimination Amendment) to H.Con.Res. 83 (2002 budget) | Yea: 51–50 | Agreed to. | |
May 21, 2002 | Motion to table S.Amdt. 3406 (Allen Mortgage Loan Amendment) to H.R. 3009 (Trade Act of 2002) | Yea: 50–49 | Motion agreed to. | |
April 11, 2003 | H.Con.Res. 95 (2004 budget) | Yea: 51–50 | Enacted. | |
May 15, 2003 | S.Amdt. 664 (Nickles Dividend Exclusion Amendment) to S. 1054 (Jobs and Growth Tax Relief Reconciliation Act of 2003) | Yea: 51–50 | S. 1054 incorporated into H.R. 2 (see below), which was enacted as Pub.L. 108–27 (text) (pdf). | |
May 23, 2003 | H.R. 2 (Jobs and Growth Tax Relief Reconciliation Act of 2003) Conference Report | Yea: 51–50 | Enacted. Pub.L. 108–27 (text) (pdf) | |
December 21, 2005 | S. 1932 (Personal Responsibility, Work, and Family Promotion Act of 2005) | Yea: 51–50 |
Passed. Bill sent to conference committee and enacted, Pub.L. 109–171 (text) (pdf). | |
March 13, 2008 | Motion to reconsider S.Amdt. 4189 to S.Con.Res. 70 | Yea: 51–50 |
Motion agreed to. | |
Joe Biden |
No votes | |||
Mike Pence | February 7, 2017 | PN37 (Nomination of Elisabeth Prince DeVos, of Michigan, to be Secretary of Education)[51][52] | Yea: 51–50 |
Nomination confirmed. |
March 30, 2017 | Motion to proceed to H.J.Res. 43 | Yea: 51–50 |
Motion agreed to. | |
H.J.Res. 43 (Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with Title X requirements by project recipients in selecting subrecipients) | Yea: 51–50 |
Enacted. Pub.L. 115–23 (text) (pdf) | ||
July 25, 2017 | Motion to proceed to H.R. 1628 (American Health Care Act of 2017)[53] | Yea: 51–50 |
Motion agreed to. | |
October 24, 2017 | H.J.Res. 111 (Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to "Arbitration Agreements")[54] | Yea: 51–50 |
Enacted. Pub.L. 115–74 (text) (pdf) | |
December 2, 2017 | S.Amdt. 1852 (Cruz 529 Savings Plan Amendment) to H.R. 1 (Tax Cuts and Jobs Act) | Yea: 51–50 |
Agreed to. | |
January 24, 2018 | Motion to invoke cloture on PN1341 (Nomination of Sam Brownback, of Kansas, to be United States Ambassador-at-Large for International Religious Freedom) | Yea: 50–49 |
Motion agreed to. | |
PN1341 (Nomination of Sam Brownback, of Kansas, to be United States Ambassador-at-Large for International Religious Freedom) | Yea: 50–49 |
Nomination confirmed. | ||
February 28, 2018 | PN367 (Nomination of Russell Vought, of Virginia, to be Deputy Director of the Office of Management and Budget) | Yea: 50–49 |
Nomination confirmed. | |
November 28, 2018 | Motion to invoke cloture on PN1412 (Nomination of Thomas Farr, of North Carolina, to be United States District Judge for the Eastern District of North Carolina) | Yea: 51–50 |
Motion agreed to. | |
November 29, 2018 | Motion to invoke cloture on PN2117 (Nomination of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit) | Yea: 50–49 |
Motion agreed to. | |
December 11, 2018 | PN2117 (Nomination of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit) | Yea: 51–50 |
Nomination confirmed. | |
December 21, 2018 | Motion to proceed to the House Message to accompany H.R. 695 (Department of Defense Appropriations Act, 2018; a legislative vehicle used to fund various government departments.) | Yea: 48–47 |
Motion agreed to. | |
Kamala Harris | February 5, 2021 | S.Amdt. 888 (Schumer amendment, in the nature of a substitute) to S.Con.Res. 5 | Yea: 51–50 |
Amendment agreed to. |
S.Con.Res. 5 (as amended): a concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2021 and setting forth the appropriate budgetary levels for fiscal years 2022 through 2030 | Yea: 51–50 |
Concurrent resolution adopted. | ||
March 4, 2021 | Motion to proceed to H.R. 1319: American Rescue Plan Act of 2021 | Yea: 51–50 |
Motion agreed to.[55] | |
April 21, 2021 | Motion to discharge PN79-6 (Nomination of Colin Hackett Kahl, of California, to be Under Secretary of Defense for Policy) | Yea: 51–50 |
Motion agreed to. | |
June 22, 2021 | Motion to invoke cloture on PN220 (Nomination of Kiran Arjandas Ahuja, of Massachusetts, to be Director of the Office of Personnel Management for a term of four years) | Yea: 51–50 |
Motion agreed to. | |
PN220 (Nomination of Kiran Arjandas Ahuja, of Massachusetts, to be Director of the Office of Personnel Management for a term of four years) | Yea: 51–50 |
Nomination confirmed. | ||
July 20, 2021 | Motion to invoke cloture on PN126 (Nomination of Jennifer Ann Abruzzo, of New York, to be General Counsel of the National Labor Relations Board for a term of four years) | Yea: 51–50 |
Motion agreed to. | |
July 21, 2021 | PN126 (Nomination of Jennifer Ann Abruzzo, of New York, to be General Counsel of the National Labor Relations Board for a term of four years) | Yea: 51–50 |
Nomination confirmed. | |
September 30, 2021 | Motion to invoke cloture on PN116 (Nomination of Rohit Chopra, of Washington, D.C., to be Director of the Bureau of Consumer Financial Protection for a term of five years) | Yea: 51–50 |
Motion agreed to. | |
October 20, 2021 | Motion to invoke cloture on PN572 (Nomination of Catherine Elizabeth Lhamon, of California, to be Assistant Secretary for Civil Rights, Department of Education) | Yea: 51–50 |
Motion agreed to. | |
PN572 (Nomination of Catherine Elizabeth Lhamon, of California, to be Assistant Secretary for Civil Rights, Department of Education) | Yea: 51–50 |
Nomination confirmed. | ||
November 3, 2021 | Motion to discharge PN807 (Nomination of Jennifer Sung, of Oregon, to be United States Circuit Judge for the Ninth Circuit) | Yea: 50–49 |
Motion agreed to. | |
November 17, 2021 | Motion to invoke cloture on PN604 (Brian Eddie Nelson, of California, to be Under Secretary for Terrorism and Financial Crimes) | Yea: 51–50 |
Motion agreed to. |
References[edit]
- ^ The United States Constitution. U.S. Congress. 1787. p. Article I, Section 3, Clause 4.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
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- ^ correspondent, Leigh Ann CaldwellLeigh Ann Caldwell is an NBC News. "Betsy DeVos confirmed as education secretary as Pence casts tie-breaking vote". NBC News.
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