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Resource(s) on Advice and consent

Topic: Advice and consent

Annotation: The president of the United States is given several specific powers in the Article 2. In section 2 of the Article 2 the president (referred to as “he” in the document) is given the power to make treaties. When making treaties the president must get the advice and consent of the Senate. The Constitutions goes on to state that “consent” means that 2/3 of senators must approve of the treaty. The president is also given specific powers to appoint “ambassadors,” “ministers and consuls,” “Judges of the supreme Court,” and “all other Officers of the United States.” In addition, the president is granted the power to appoint people to other positions that are not specific described in the Constitution. These positions have come to include district and appellate court federal judges, executive branch department head such as the Secretaries of State and Defense, as well as heads of agencies such as the Surgeon General. These powers to appoint are likewise granted to the president with the limitation that they must seek the advice and consent of the Senate. This time instead of requiring a 2/3 majority for approval, the Constitution states that Congress must approve the appointments “by law” meaning a simple 50% plus majority must be obtained.

Citation and Text from the Constitution:

Article 2, Section 2, Clause 2
He 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.