ADVICE AND CONSENT
The authority given by the U.S. Constitution to
the Senate to ratify treaties and confirm presiden-
tial cabinet, ambassadorial, and judicial appoint-
ments.
Article II, Section 2, of the Constitution
gives the president the right to negotiate foreign
treaties and to nominate individuals to high-
ranking government positions, including cabi-
net members, ambassadors, and federal judges.
However, these powers are conditioned upon
the advice and consent of the Senate. Section 2
requires the Senate to approve treaties by a two-
thirds majority, while presidential appointments
require a simple majority. The advice and con-
sent requirement is an example of one of the
checks and balances built into the Constitution. The provision seeks to limit PRESIDENTIAL
POWER.
The Senate has used the treaty ratification
authority to extract changes in negotiated
treaties and, in some cases, to reject an international
agreement. The most famous rejection
involved President WOODROW WILSON’s desire
to have the United States join the newly created
LEAGUE OF NATIONS after WORLD WAR I. The
Senate, hostile to the concept of international
government, refused to ratify the treaty in 1919,
which severely weakened the organization. In
contrast, the Senate ratified the UNITED
NATIONS charter in 1945.
The advice and consent power has drawn the
most public attention when the Senate has
rejected presidential nominations to the cabinet
and to federal judgeships. The Senate voted
down the 1987 Supreme Court nomination of
ROBERT BORK by President RONALD REAGAN,
leading to charges that the Senate had politicized
the confirmation process. CLARENCE THOMAS
was confirmed as Supreme Court justice in
1991, but only after a bruising confirmation
struggle that was nationally televised. In 2002,
the Senate rejected several judicial nominations
by President GEORGE W. BUSH, again leading to
charges of partisan politics.
