Democrats win the Senate: What happens in case of a tie in the House of Representatives

With Democrats securing victories in Pennsylvania, Arizona, and Nevada, the party will keep control of the Senate. If Raphael Warnock wins the Georgia run-off, the GOP will be left with forty-nine seats in the chamber. These results are very different from what was predicted by the media in the days leading up to the election.

Chuck Schumer will return as Senate Majority Leader, but with control over the House still up in the air, the question of a tie in that chamber has emerged. To avoid a 50-50 tie in the Senate, the US Consitution allows the Vice President, as President of the Senate, to cast the tie-breaking vote.

“The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided”

A Supermajority is needed for most acts of the Senate

While one party may be in control of 50 votes plus the tie-breaking vote from the President of the Senate, most legislation these days is subject to the filibuster. The rules have changed over the years, with currently 161 exceptions, including presidential executive branch appointments and federal judicial nominees, including to the Supreme Court.