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ad·vice and con·sent [ad-vahys ənd kuhn-sent]:
1. a phrase in the Constitution (Article II,
Section 2) allowing the Senate to restrain
presidential powers of appointment and treatymaking.
2. In the US, "advice and consent" is a
power of the United States Senate to be
consulted on and approve treaties signed and
appointments made by the President of the
United States to public positions.
Article II, Section 2, paragraph 2 of the United
States Constitution states:
[The President] shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two thirds
of the Senators present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for,
and which shall be established by Law: but the Congress may
by Law vest the Appointment of such inferior Officers, as they
think proper, in the President alone, in the Courts of Law, or in
the Heads of Departments.
Why O Why?
Many delegates preferred to
develop a strong executive
control vested in the
President, while others,
worried about authoritarian
control, preferred to
strengthen the Congress.
Requiring the President to
gain the advice and consent
of the Senate achieved both
goals without hindering the
business of government.
Who’s to Blame?
President George Washington
firmly believed that the role of
the Senate was to advise the
President after the nomination
had been made by the President.
This notion has developed into
the subordination of the "advice"
portion of the power through
the consolidation of American
democracy to the "consent"
portion, although several
Presidents have consulted
informally with Senators over
nominations and treaties
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12
Amendment
Under the Twelfth Amendment, the Senate has the power to elect the Vice President if
no vice presidential candidate receives a majority of votes in the Electoral College. The
Twelfth Amendment requires the Senate to choose from the two candidates with the
highest numbers of electoral votes. Electoral College deadlocks are very rare; in the
history of the United States, the Senate has only had to break a deadlock once, in 1837,
when it elected Richard Mentor Johnson.
What’s The Use?!
Time To Break It Down!
The Senate has several exclusive
powers enumerated in Article One
of the Constitution not granted to
the House. SO BASICALLY… the
President cannot ratify treaties or,
with rare exception, make
important appointments — most
significantly ambassadors,
members of the federal judiciary
(including the Supreme Court),
governors of the Federal Reserve
and members of the Cabinet —
without the advice and consent of
the Senate.
Lil’ Bush