Article I, Section 3, Clause 4 of the Constitution of the United States states:
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.[3]
History
John Adams, the first vice president of the United States, cast 29 tie-breaking votes during his tenure. His first vote was on July 18, 1789.[4] He used his votes to preserve the president's sole authority over the removal of appointees,[5] influence the location of the national capital,[6] and prevent war with Great Britain.[7] At times, he even convinced senators to vote against legislation that he opposed and often provided guidance on procedural and policy matters. Adams' political views and active role in the Senate made him a target for critics of the Washington administration. Toward the end of his first term, threatened by a resolution that would have silenced him on all but procedural and policy matters, he exercised more restraint, hoping to be elected president of the United States in his own right.[4]
John C. Calhoun was the only vice president to cast tie-breaking votes against his own president, Andrew Jackson. In 1832, Calhoun cast a tie-breaking vote to delay and later defeat the nomination of Martin Van Buren as United States Minister to the United Kingdom. Calhoun's supporters in the Senate allowed him to defy Jackson, where just enough of Calhoun's faction abstained to create a tie that he then broke.[8]
In the early 21st century, the threat of a filibuster increased the use of cloture to end debate in the Senate, especially on highly divisive issues,[9][10] making it rare for the vice president to have the opportunity to cast a decisive vote, as cloture requires a three-fifths majority. However, rules changes in 2013 and 2017[10] reduced the requirement for cloture on nominations to a simple majority, which led to the first use of a tie-breaking vote to confirm a Cabinet member when Vice President Mike Pence confirmed Betsy DeVos as secretary of education in 2017.[11] In 2018, Pence cast a tie-breaking vote to confirm Jonathan A. Kobes to the Court of Appeals for the Eighth Circuit, the first such vote to confirm a judicial nominee in U.S. history.[12]
Following the 2020 Senate elections, the Senate was divided 50-50 between Republicans and Democrats in the 117th Congress. Votes by Vice President Kamala Harris played a critical role in passing Democratic legislation, including the American Rescue Plan and the Inflation Reduction Act. In addition, Harris gave the Democratic Party majority-control of the Senate.[13] On July 20, 2021, Harris broke Pence's record for the most tie-breaking votes in the first year of a vice presidency, casting seven tie-breaking votes in her first six months.[14] She cast a total of 15 tie-breaking votes in her first year, setting a new record for the most tie-breaking votes in a single year in U.S. history, surpassing the 12 votes cast by John Adams in 1790.[15] On May 11, 2022, Harris set a new record for tie-breaking votes in a single day, casting four votes.[16] On July 13, 2023, Harris matched Calhoun's record for the most tie-breaking votes cast by a vice president in U.S history at 31 votes.[17] On December 5, 2023, Harris broke Calhoun's record.[18]
The recent dramatic rise in the frequency of vice presidential votes is due in part to the Senate often being equally divided on procedural votes, such as on invoking cloture, in addition to final votes on divisive issues, resulting in the vice president needing to vote multiple times on the same nominee or resolution.[19]
List of vice presidents by number of tie-breaking votes
As of December 5, 2023[update], there have been 301 tie-breaking votes cast by vice presidents.[15]
Motion to postpone consideration of S. 10 ("repealing all laws, or parts of laws, allowing bounties to vessels employed in the bank or other cod fisheries").[21]
Nay: 26-27
Motion defeated.
May 18, 1858
Motion to postpone the special orders of the day prior to S. 239 (statehood of Oregon).[22]
Yea: 29-28
Motion agreed to. Bill passed.
June 7, 1858
Toombs amendment to Seward amendment to H.R. 42 (granting a pension to Mary A. M. Jones) limiting the pension of Myra Clark Gaines to not more than $50 per month.[23]
Motion to reconsider the vote adopting a resolution requiring the Sergeant-at-Arms to remove anyone not entitled to the floor from the chamber prior to the time of meeting.[37]
Yea:27-26
Motion agreed to. The resolution was amended and adopted.
February 14, 1870
Motion to postpone the consideration of H.R. 1096 (to admit the State of Mississippi to representation in the Congress of the United States) until the next day.[38]
Nay: 24-25
Motion defeated.
March 11, 1870
Motion to postpone indefinitely a resolution to appoint "A Joint Special Committee on Indian Affairs."[39]
Nay: 27-28
Motion defeated. Consideration of the resolution postponed until the next day.
March 15, 1870
Motion to table the resolution to appoint a Joint Special Committee on Indian Affairs.[40]
Nay: 30-31
Motion defeated. Consideration of the resolution postponed until the next day.
March 29, 1870
Motion to pass over the resolution to appoint a Joint Special Committee on Indian Affairs.[41]
Yea: 30-29
Resolution passed over.
May 23, 1870
Sumner amendment to H.R. 974 (appropriations bill) to authorize and appropriate up to $100,000 for expeditions toward the North Pole.[42]
Yea: 26-25
Amendment passed.
June 7, 1870
Motion to table a resolution to direct the Committee on Foreign Relations to "to inquire into the conduct of certain agents connected with the negotiation of the treaty for the annexation of the Dominican Republic" and the condition of its debt and lands.[43]
Yea: 20-19
Resolution tabled.
February 17, 1871
Trumbull amendment, made in Committee of the Whole, to H.R. 2524 (appropriations bill) to repeal an appropriation "for the payment of judgments to be rendered by the Court of Claims."[44]
Yea: 26-25
Amendment passed.
February 20, 1871
Concurring with the Trumbull amendment to H.R. 2524.[45]
Yea: 28-27
Amendment passed.
March 22, 1871
Casserly amendment adding the words "and also all bills relating to the repeal of the income tax" to Trumbull amendment to a resolution setting "the legislative business to be considered by the Senate during the present session."[46]
Nay: 27-28
Amendment defeated. Trumbull amendment also defeated.
February 9, 1872
Sumner amendment adding multiple civil rights provisions to H.R. 380 ("for the removal of legal and political disabilities imposed by" Section 3 of the Fourteenth Amendment).[47]
Yea: 29-28
Amendment passed. The bill did not receive the two-thirds majority required for passage.
April 24, 1872
Motion to table Morill amendment to H.R. 1654 ("making appropriations to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1872, and for former years, and for other purposes") regarding the jurisdiction of the Court of Claims.[48]
Nay: 25-26
Motion defeated.
April 30, 1872
Motion to reconsider a vote disagreeing with an amendment to H.R 1654 jurisdiction of the Court of Claims.[49]
Yea: 27-26
Motion to reconsider agreed to.
Agreeing with the proposed amendment to H.R. 1654.[49]
Motion to consider a report from the Committee on Privileges and Elections in the case of William Pitt Kellogg of Louisiana.[56]
Yea: 30-29
Senate proceeded to discussion of the report. "Although this vote did not directly determine the question of admitting to Senate membership in the matter of a disputed seat, it led the way to an intelligent, though inconclusive, discussion of the question of the Vice-President's right to cast his vote in such an issue"[8]
The Republican minority in the Senate was attempting to secure their slate of standing committees. Senator Anthony moved to indefinitely postpone the resolution of Sen. Pendleton to appoint the Democratic slate standing committees of the Senate.[8][60]
Yea: 38-37
Democratic resolution postponed.
Resolution to adopt the Republican organization of the standing committees.[8][60]
Passage of H.R. 3606 ("to require railroad companies operating railroads in the Territories over a right of way granted by the Government to establish stations and depots at all town sites on the lines of said roads established by the Interior Department.")[67]
Bacon amendment to joint resolution S.R. 240 (stating the intentions of the United States toward the Philippine Islands after the ratification of the treaty of peace with Spain) expanding the resolution to disclaim any intention of exercising permanent sovereignty over the islands.[69]
Motion to consider the motion from Senator Reed to amend Senate rules to end debate[79] on S. 6856 ("to authorize the United States ... to purchase, construct, equip, maintain, and operate merchant vessels in the foreign trade of the United States"[80])
Yea: 48-47
The Senate considered the motion to limit debate. Cloture procedures were eventually established in 1917.
February 15, 1915
The vice president had ruled that Senator Reed was entitled to move to table a motion to amend Senate Rule XXII regarding limitation of debate and all the amendments to that motion. Senator Lodge appealed the ruling.[81]
Yea: 46-45
The ruling of the vice president was sustained. The Senate proceeded to consider Senator Reed's motion.
Motion to table the motion to amend Senate Rule XXII regarding limitation of debate and all the amendments to that motion.[81]
Motion to table the motion from Senator Johnson to suspend consideration of H.R. 13462 ("making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors") to consider S. Res. 411 (regarding withdrawing U.S. soldiers from Russia).[83]
Yea: 34-33
Motion tabled. The Senate resumed consideration of H.R. 13462.
Concurrent resolution (H. Con. Res. 41) "to close the first session of the Seventieth Congress by adjourning" both houses on May 29.[86]
Nay: 40-41
Resolution defeated. On May 29, the Senate voted on another resolution (S. Con. Res. 22) to adjourn later that day. The resolution passed, and the Senate adjourned at 5:30 pm,[87] ending the session of Congress.[88]
Committee amendment to H.R. 2667 (Smoot–Hawley Tariff Act) to reduced proposed tariffs on spring clothespins.[90]
Yea: 41-40
Amendment passed. H.R. 2667 passed and enacted.
May 19, 1930
On part of resolution S. 270, relieving the majority members of a conference committee of their promise in regard to the flexible provision of the tariff bill H.R. 2667.[91]
Yea: 43-42
Majority members of the committee relieved of their promise.
Trammell amendment, as amended by Sen. Connally, to H.R. 5389 (Independent Offices Appropriations) limiting potential reductions of war veterans' pensions and providing that "Spanish-American War veterans shall not be required to make proof of service-connected disability."[92]
Yea: 43-42
Amendment passed.
April 17, 1934
Motion to proceed to the consideration of S. 2018 (relative to Members of Congress acting as attorneys in matters where the United States has an interest).[93]
Yea: 32-31
Motion agreed to. The Senate proceeded to consider the bill.
February 6, 1940
Committee amendment to H.R. 7922 (Independent Offices Appropriations) to reduce the line item "general administration" for the Civil Aeronautics Authority budget from $1,659,191 to $1,543,932.[94]
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.[99][100]
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.[99]
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).[99]
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.[99]
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.)[99]
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.[99]
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.[99]
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.[99][101]
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.[102][99]
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.
Motion to proceed to the consideration of the conference report of S. 1081 (Defense Production Act Amendments of 1953).[103][104][105]
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).[103][106][105]
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.[99]
Yea: 46–45
Amendment passed, but the final bill was unpalatable to everybody. Vetoed by President Eisenhower.
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)[99]
Yea: 48–47
Motion agreed to. GI mortgages now had an interest rate ceiling of 4.75%
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.[108]
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.[109][99]
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).[99][110][111]
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)[112] 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.[113]
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)[114] to make the 1966 Presidential Election Campaign Fund Act inoperative after September 15, 1967.[99]
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.
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.[99][120]
Enacted. Pub. L.Tooltip Public Law (United States)103–66
August 3, 1994
Motion to table S.Amdt. 2446 (JohnstonEthanol Limitation Amendment) to H.R. 4624 (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1995)
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)
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.)
^The United States Constitution. U.S. Congress. 1787. 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.