Pence Becomes First VP To Break Senate Tie Over Cabinet Nomination

Enlarge this image toggle caption J. Scott Applewhite/AP J. Scott Applewhite/AP

Vice President Pence has done something that his predecessor, Joe Biden, did not do even once in his eight years in the same office.

He cast a tie-breaking vote in the U.S. Senate.

The occasion is Tuesday's confirmation of Betsy DeVos as President Trump's secretary of education. The DeVos nomination has so far proven the most contentious of all Trump's controversial Cabinet picks.

Two Republican senators, Susan Collins of Maine and Lisa Murkowski of Alaska, joined all 46 Democrats and both Independents in opposing DeVos. The other 50 Republicans, however, stood by the nominee.

That means the vote ended in a tie. Ties in the Senate do not happen often, but when one does, the Constitution says it may be broken by a vote cast by the vice president of the United States.

Tuesday's vote is the 245th instance of this power being used, but it is the first time in history that the vice president's tie-breaking power serves to confirm a nominee to the Cabinet.

Note, though, that previous administration's Cabinet nominees, if filibustered, required 60 votes for confirmation, rather than a simple majority. Democrats changed that rule in 2013 when they were in power under former President Barack Obama, frustrated by Republican Senate leader Mitch McConnell blocking dozens of Obama federal judiciary nominees.

Vice President's Powers

The tie-breaking power is vested in the vice president in his capacity as the president of the Senate, and it has been part of the job since John Adams first assumed the office in 1789.

If you are surprised to learn that the vice president of the U.S. has an "alter ego" role as the president of the U.S. Senate, you are not alone. This is a part of the veep's job description that is not often on display.

In fact, the nation's No. 2 shows up in the Senate chamber for the swearing in of new senators and on other ceremonial occasions (including Picture Day when the entire chamber poses together). When the president delivers a State of the Union address or there is another cause for a joint session of Congress, the vice president can be seen sitting right up there next to the speaker of the House.

The rest of the time, however, the day-to-day task of presiding over daily deliberations of the Senate is not performed by the vice president. The Constitution provides for the authority to preside to pass into the body of the Senate itself through an office called the Senate president pro tempore.

As a matter of Senate custom, this distinction goes to the most senior (longest serving) member of the majority party (currently Republican Orrin Hatch of Utah). The "president pro tempore" may then decide to act as the presiding officer personally or delegate the privilege to another, usually very junior senator. That is because on most days, the privilege is regarded as more of a chore.

The Original VPs

toggle caption Amita Kelly/NPR

In the early days of the Republic, the first men to occupy the office of vice president were more inclined to preside over the Senate on a regular basis than veeps are today. John Adams, who was George Washington's vice president for eight years (and his successor in 1797), set a record for tie-breaking votes (29) that still stands today.

His successor as vice president, Thomas Jefferson, was also a well-known and highly respected member of the Founding Fathers fraternity. He was followed by the formidable but disruptive Aaron Burr.

These men were vice president by virtue of being the runner-up in the Electoral College vote for president. This was the original method of determining the vice president, and it may have seemed a good idea at the time.

But dissatisfaction set in fast, and the 12th amendment in 1804 made some big changes. Since then, candidates for president and vice president have run as a ticket, a system that has worked from the standpoint of presidents but often served to lessen the stature of their vice presidents.

Over time, the Senate grew restive with the presiding presence of the vice president. This became problematic enough that vice presidents largely stepped back from the daily business of the chamber. In the last few decades, as vice presidents have been given more substantial duties by the chief executive, they have had less reason than ever to spend their days listening to Senate debate.

Modern-Day 'Emergencies'

At the same time, the tie-breaking power has remained a valuable tool under certain circumstances, kept behind a windowed case that says: "In Emergency, Break Glass." Breaking a tie on behalf of the president and his party has given vice presidents a rare opportunity to matter — a chance to be in the limelight and cast a consequential vote that makes a difference.

As a general rule, vice presidents have been pressed into service as tie-breakers when the Senate was controlled by the president's party, especially when the margin of control was narrow. Vice President Al Gore had to break ties on budget votes and other tough calls for the Democrats in the 1990s. Vice President Richard Cheney had to be on call regularly to reinforce Republican control of the Senate early in 2001, when the regular roll call was split 50-50 between the parties. He ultimately cast eight tie-breaking votes.

Enlarge this image toggle caption Stephen Jaffe/AFP/Getty Images Stephen Jaffe/AFP/Getty Images

By the same token, when the party opposed to the president has controlled the Senate, its leaders have usually avoided bringing votes that could result in ties. That is why Vice President Dan Quayle got no chances to vote in his single term.

Senate majority leaders opposed to the president have usually preferred to pull back on holding a vote if it seemed likely to result in a tie. On the other hand, some Senate majority leaders have forced votes to a tie in order to make the vice president cast a politically unpopular vote on behalf of his boss.

All told, there have been a dozen vice presidents (one-quarter of the overall total) who served without ever casting a single tiebreaker vote. It is a relatively noteworthy group, in that half of these dozen went on to be president, including Teddy Roosevelt, Calvin Coolidge, Lyndon Johnson and Gerald Ford.

So it is rather rare and certainly notable to see Pence pressed into service in this manner in just his third week in office.</s>Betsy DeVos Confirmed As Education Secretary

Enlarge this image toggle caption Carolyn Kaster/AP Carolyn Kaster/AP

Today the Senate confirmed Betsy DeVos as President Trump's education secretary, 51-50. Vice President Pence had to cast an unprecedented tie-breaking vote, after hearings that became fodder for Saturday Night Live; after angry constituents swamped Senate offices with 1.5 million calls a day; after two Republican senators defected; and Democrats held the floor overnight in protest.

The 59-year-old philanthropist and activist from Michigan takes over the leadership and management of a federal bureaucracy with 4,400 employees and a $68 billion annual budget.

Now, the question is: How much will actually change for the nation's 50 million public school students and 20 million college students?

Perhaps her opponents should take a deep breath. The federal role in education policy is limited. Less than 10 percent of funding for K-12 schools comes from the feds, for example.

That said, here's what we'll be watching in the coming weeks and months.

On the higher ed side

The Higher Education Act is up for reauthorization. Three issues that may come up early in a DeVos Education Department: the role of for-profits, college costs and enforcement of Title IX (which governs sex discrimination, including sexual assault cases).

On Title IX: DeVos said in her hearing that it would be "premature" to say she would uphold department guidance that asks colleges to take an active role against sexual assault.

DeVos said in her hearing that it would be "premature" to say she would uphold department guidance that asks colleges to take an active role against sexual assault. On college costs: "Free tuition" proposals drew a lot of Democratic fans during the presidential campaign. DeVos was dismissive of the idea in her hearing: "There's nothing in life that's truly free."

"Free tuition" proposals drew a lot of Democratic fans during the presidential campaign. DeVos was dismissive of the idea in her hearing: "There's nothing in life that's truly free." On for-profit colleges: During the Obama administration, the department, along with the newly formed Consumer Financial Protection Bureau, went after many for-profit colleges, with allegations of fraud and predatory lending. Two were forced to shut down: Corinthian Colleges and ITT Technical Institute. Meanwhile, the gainful employment rule required colleges to demonstrate that they were preparing a significant percentage of their students for the job market. When questioned by Sen. Elizabeth Warren, D-Mass., DeVos said she would "review" rather than uphold that rule.

On the K-12 side

The headline here is: More state decision-making power.

Regular readers of our NPR Ed blog know that the main K-12 education law was reauthorized last year as the Every Student Succeeds Act, ESSA, which covers annual testing, among other things. The new law gave more authority to the states, at the expense of the federal government, to identify and remedy failing schools.

The Trump administration has already paused the process of ESSA implementation. Republicans in Congress have moved to use a little-known law called the Congressional Review Act to throw out the new accountability rules altogether. That leaves states in a situation that some Democrats and advocates have dubbed "chaos and delay." Other groups, including the National Governors Association, have said they welcome having still more authority at the state level.

Some civil rights advocates have raised concerns that, in the absence of a strong federal hand, some states will be less vigilant than others in identifying and correcting historic educational inequities of race and class.

DeVos' responses to Sen. Patty Murray, D-Wash., in her controversial written questionnaire, indicate that she comes down on the side of states' rights: "It is necessary and critical for states to have flexibility to determine how to identify and improve schools."

DeVos' department may take a leaf from Arne Duncan's book and set up a competitive grant program that encourages states to expand school choice. If so, we'll likely be hearing more about the benefits of private, virtual, religious and for-profit schools.

The school reforms DeVos backed in Michigan have favored for-profit charter school operators. And her husband previously held financial stakes in the for-profit and online K12 Inc., whose numbers she (erroneously) cited in defending virtual schools in her written answers to the Senate.

The organization she chaired, the American Federation for Children, favors both vouchers and a device called "tax credit scholarships," which allows companies to offset tax liability by funding students to attend private schools. In Florida, which the AFC has called out as a model program, 70 percent of these scholarships go to religiously affiliated schools.</s>The Senate has confirmed school choice activist Betsy DeVos as Education secretary, with Vice President Mike Pence breaking a 50-50 tie.

The Senate historian says it was the first time a vice president had to break a tie on a Cabinet nomination.

Two Republicans joined Democrats Tuesday to vote to derail DeVos’ nomination. Democrats cited her lack of public school experience and financial interests in organizations pushing charter schools. DeVos has said she would divest herself from those organizations.</s>The Senate has confirmed Betsy DeVos as Donald Trump’s secretary of education, with Vice President Mike Pence breaking a 50-50 tie.

Lawmakers were split right down the middle to confirm DeVos, which forced Pence to step in.

This was the first time a vice president has had to break a tie on a Cabinet nomination, according to the Senate historian.

Democrats pushed hard against DeVos, citing her lack of public school experience and her involvement with charter schools.

Two Republicans voted against DeVos; Republicans Susan Collins of Maine and Lisa Murkowski of Alaska.

Read more on the confirmation vote here.</s>Vice President Mike Pence exercised his constitutional right to cast a tie-breaking vote in the U.S. Senate for the first time on Tuesday, breaking a tie on the confirmation of Betsy DeVos to become secretary of education. Aside from the importance of the confirmation itself, the vote was noteworthy in other ways as well. Here are a few reasons why.



Has a vice president ever broken a tie on a nominee before?

Vice presidents have broken ties on presidential nominees before, but Tuesday was the first time it’s happened for a Cabinet nominee. In 2015, there were reports that Vice President Joe Biden might be called in to break a tie on attorney general nominee Loretta Lynch, but the vote in the Senate ended up being 56-43. Tie votes on nominees in general are rare; before Tuesday, there had been only seven tie-breaking votes cast on confirmations, according to the Senate Historical office. There have also been a handful of vice presidential tie-breakers on non-confirmation votes related to nominees (motions on postponements or motions to proceed, for example).

How often do vice presidents break Senate ties?

The average vice president has broken about five ties during his time in office; the median vice president has broken three. Twelve vice presidents, including Biden, never broke a tie; Biden was the longest-serving vice president to never do so.

When was the last tie-breaking vote?

Dick Cheney broke a tie on a vote related to a budget plan on March 13, 2008.

Is this the soonest a vice president has broken a tie after being sworn in?

No, but it’s close. Pence has been vice president for 18 days. Chester A. Arthur cast a tie-breaking vote on March 18, 1881, 14 days after becoming vice president.

How likely is Pence to cast more tie-breaking votes?

The partisan makeup of the Senate — 52 Republicans and 48 Democrats, is closer than any full Senate since the end of the George W. Bush administration. That means that only two Republicans need to vote against a measure for there to be a tie. So while it’s not a sure thing — getting even two senators to vote against their party can be difficult — there’s a good chance that there will be more such votes.</s>In this Jan. 17, 201 photo, Education Secretary-designate Betsy DeVos testifies on Capitol Hill in Washington at her confirmation hearing before the Senate Health, Education, Labor and Pensions Committee. The Senate on Tuesday confirmed Devos by the narrowest possible margin, with Vice President Mike Pence breaking a 50-50 tie, despite a last-ditch effort by Democrats to sink the nomination. (AP Photo/Carolyn Kaster)</s>By the narrowest of margins, the U.S. Senate voted Tuesday to confirm Betsy DeVos to be the nation’s new education secretary.

A 50-50 deadlock over her confirmation was broken by Vice President Mike Pence, who became the first vice president ever to cast a tie-breaking vote for a Cabinet nominee.

The vote to confirm DeVos came after Senate Democrats staged an all-night Senate talkathon Monday evening, a tactic to draw attention to their opposition to the Michigan billionaire who has no experience working, attending or volunteering at a public school.

DeVos becomes the sixth Cabinet appointment of President Donald Trump’s to be confirmed.

Pence was needed to break the tie after two Republicans, Susan Collins of Maine and Lisa Murkowski of Alaska, announced their opposition to DeVos last week. The rural state Republicans said DeVos lacked the experience to understand “the challenges” facing public schools.

Democrats’ unified opposition to DeVos came after a nomination hearing at which critics said she failed to demonstrate a deep understanding of education philosophy.

Just before 10 p.m. Monday, an exasperated Sen. Al Franken, D-Minnesota, recalled on the Senate floor his exchange with DeVos during the hearing last month, at which he asked whether she was partial to an educational philosophy in which children are measured on growth within the academic year or on proficiency of a grade level.

“She had no idea what I was talking about,” Franken said. “I can’t overstate how central this issue is to education.”

Clips from the hearing that circulated on social media further mobilized opposition to DeVos. While she was one of the eight Cabinet nominees against whom Democrats originally said they would mount an opposition campaign, the public fury over DeVos surprised even them.

Supported by liberal groups and local Democratic parties, calls flooded into Senate offices, jamming phone lines, pressuring Democrats to fight her nomination and urging Republicans to oppose her.

Sen. Heidi Heitkamp, D-North Dakota, said that most of the calls she’s receiving are about DeVos and that 90 percent are in opposition. And Sen. Bob Casey, D-Pennsylvania, has received more than 100,000 calls opposed to DeVos, more on one topic than he’s had since he entered the Senate in 2007, according to a Democratic aide.

In addition, rallies have been organized at Senate district offices around the country. Such pressure successfully influenced Murkowksi.

Democrats have also expressed concern that DeVos is philosophically opposed to public schools — and her business ties raise questions about conflicts of interest. She has personally invested in private and charter schools and has been an outspoken advocate on both.

While they couldn’t stop her confirmation, Democrats did make it as painful as possible. And they plan to use a similar delay tactic for more nominees, including for Sen. Jeff Sessions, R-Alabama, to be attorney general. The Senate is expected to move to his confirmation next.

Play DeVos Confirmed as Education Secretary, VP Pence Casts Historic Vote Facebook Twitter Google Plus Embed

 DeVos Confirmed as Education Secretary, VP Pence Casts Historic Vote 2:00

 By the narrowest of margins, the U.S. Senate voted Tuesday to confirm Betsy DeVos to be the nation’s new education secretary.

A 50-50 deadlock over her confirmation was broken by Vice President Mike Pence, who became the first vice president ever to cast a tie-breaking vote for a Cabinet nominee.

The vote to confirm DeVos came after Senate Democrats staged an all-night Senate talkathon Monday evening, a tactic to draw attention to their opposition to the Michigan billionaire who has no experience working, attending or volunteering at a public school.

DeVos becomes the sixth Cabinet appointment of President Donald Trump’s to be confirmed.

Play Betsy DeVos Sworn In as Education Secretary Facebook Twitter Google Plus Embed

 Betsy DeVos Sworn In as Education Secretary 1:45

 Pence was needed to break the tie after two Republicans, Susan Collins of Maine and Lisa Murkowski of Alaska, announced their opposition to DeVos last week. The rural state Republicans said DeVos lacked the experience to understand “the challenges” facing public schools.

Democrats’ unified opposition to DeVos came after a nomination hearing at which critics said she failed to demonstrate a deep understanding of education philosophy.

Related: Why Betsy DeVos Is Riling Up Education Advocates

Just before 10 p.m. Monday, an exasperated Sen. Al Franken, D-Minnesota, recalled on the Senate floor his exchange with DeVos during the hearing last month, at which he asked whether she was partial to an educational philosophy in which children are measured on growth within the academic year or on proficiency of a grade level.

“She had no idea what I was talking about,” Franken said. “I can’t overstate how central this issue is to education.”

Play VP Pence Breaks Senate Tie to Confirm Betsy DeVos Facebook Twitter Google Plus Embed

 VP Pence Breaks Senate Tie to Confirm Betsy DeVos 0:58

 Clips from the hearing that circulated on social media further mobilized opposition to DeVos. While she was one of the eight Cabinet nominees against whom Democrats originally said they would mount an opposition campaign, the public fury over DeVos surprised even them.

Supported by liberal groups and local Democratic parties, calls flooded into Senate offices, jamming phone lines, pressuring Democrats to fight her nomination and urging Republicans to oppose her.

Sen. Heidi Heitkamp, D-North Dakota, said that most of the calls she’s receiving are about DeVos and that 90 percent are in opposition. And Sen. Bob Casey, D-Pennsylvania, has received more than 100,000 calls opposed to DeVos, more on one topic than he’s had since he entered the Senate in 2007, according to a Democratic aide.

In addition, rallies have been organized at Senate district offices around the country. Such pressure successfully influenced Murkowksi.

Democrats have also expressed concern that DeVos is philosophically opposed to public schools — and her business ties raise questions about conflicts of interest. She has personally invested in private and charter schools and has been an outspoken advocate on both.

Play Democrats Take to Senate Floor to Protest Betsy DeVos Nomination Facebook Twitter Google Plus Embed

 Democrats Take to Senate Floor to Protest Betsy DeVos Nomination 2:15

 While they couldn’t stop her confirmation, Democrats did make it as painful as possible. And they plan to use a similar delay tactic for more nominees, including for Sen. Jeff Sessions, R-Alabama, to be attorney general. The Senate is expected to move to his confirmation next.

The strategy allows time to mount public opposition but also to use up valuable floor time that will backlog legislation that Republicans and the Trump administration wish to pass this year, including health care reform.

Republicans plan on votes to confirm treasury secretary nominee Steven Mnuchin and Rep. Tom Price, R-Georgia, to be secretary of health and human services. The Democrats’ strategy could force a vote on Mnuchin into Saturday morning, a day of the week the Senate rarely works.

Republicans have sharply criticized the Democratic tactic. Sen. John Cornyn, R-Texas, called it “juvenile,” and Collins said it’s “not really fair.”

“I don’t really understand the point of their tactics. It’s not going to have an influence on the final vote,” she said specifically of Democrats’ delay of DeVos.</s>The Senate on Tuesday confirmed Betsy DeVos as Education secretary, needing an unprecedented tie-breaking vote from Vice President Mike Pence to push through the divisive nomination.

The Senate vote on President Donald Trump's choice ended in a 50-50 tie. Pence then became the first vice president to break a Senate stalemate in a Cabinet confirmation vote. Republicans hold 52 seats in the chamber, but two moderate GOP senators voted against DeVos amid a flurry of constituent complaints, forcing the move.

Democrats protested DeVos on the Senate floor through the night in a last-minute bid to block confirmation, following demonstrations from teachers around the country. Susan Collins of Maine and Lisa Murkowski of Alaska were the only Senate Republicans to oppose DeVos. Democrats needed one more defector to block the nomination.



DeVos is the wife of, Richard Marvin DeVos Jr., whose billionaire father co-founded Amway.

While the vote was largely along party lines, school choice, which DeVos backs, enjoys support in red and blue states. Critics have raised concerns that she could undermine public schools, which many senators said she did not understand after her confirmation hearing.</s>On Tuesday, Betsy DeVos was officially confirmed as Secretary of Education after Vice President Mike Pence cast a tie-breaking Senate vote. It was a historic vote, as it was the first time a cabinet approval needed the vice president to break a tie, and two Republicans crossed party lines to vote against her.

DeVos’ eventual confirmation had a rocky road, as many questioned her credentials heading into the Senate vote. She didn’t instill much confidence in her qualifications, as she had trouble addressing standard education policies during her confirmation hearing and is an infamous proponent of charter schools. And let us not forget her support of guns in schools, which she illustrated by using the example of a school being attacked by bears. In addition, she also may have plagiarized some answers to a Senate questionnaire, so her tenure is not off to a solid start.

Despite half of the Senate’s reservations and an all-night filibuster, the final vote came down to a 50-50 vote tie. It should be noted Republicans held a 52-48 majority in the Senate, but two Republicans (Susan Collins and Lisa Murkowski) crossed party lines to vote against DeVos. Per the constitution, Pence was brought in to break the tie and voted in her favor. DeVos’ confirmation brings up more questions regarding Donald Trump’s cabinet appointments, as qualifications of some are still being challenged.</s>WASHINGTON (AP) — The Senate has confirmed school choice activist Betsy DeVos as Education secretary, with Vice President Mike Pence breaking a 50-50 tie.

The Senate historian says it was the first time a vice president had to break a tie on a Cabinet nomination.

Two Republicans joined Democrats Tuesday to vote to derail DeVos’ nomination. Democrats cited her lack of public school experience and financial interests in organizations pushing charter schools. DeVos has said she would divest herself from those organizations.

Republicans Susan Collins of Maine and Lisa Murkowski of Alaska fear that DeVos’ focus on charter schools will undermine remote public schools in their states.

In an earlier tweet, President Donald Trump wrote “Betsy DeVos is a reformer, and she is going to be a great Education Sec. for our kids!”
The U.S. Senate confirms, via Vice President Mike Pence's unprecedented tie-breaking vote, Betsy DeVos as Secretary of Education.