advice and consent
Presidents nominate people to federal office and negotiate treaties with other nations, but these actions become official only after the Senate gives its “advice and consent.” Such sharing of power between the executive and legislative branches of the federal government is a critical part of the system of checks and balances. The Constitution (Article 2, Section 2) explains how the Senate can grant its consent: a majority vote confirms a nomination, and a two-thirds vote is necessary to ratify a treaty. Giving advice, however, is much less clear.
During the 1st Congress, senators wanted the President to appear in their chamber to present all nominations and treaties in person. President George Washington believed nominations would be too numerous to make appearing in person practical, and he preferred to submit them to the Senate in writing. But he agreed to consult with the Senate personally about treaties. On August 24 1789, Washington came to the Senate chamber seeking advice on a series of proposed treaties with Indian nations. He presented a list of questions for debate and response. But because the senators felt uncomfortable discussing these matters in the imposing presence of George Washington, they decided instead to refer the questions to a committee for further study. “This defeats every purpose of my coming here!” Washington exclaimed. Unhappily, he agreed to return to the Senate at a later date to receive their answers. This marked the last time that Washington, or any President, came to the chamber personally in search of advice as well as consent.
Over the years, however, both legislators and the President have devised various other means of involving the Senate in nominations and treaties prior to granting its consent. For instance, Presidents may invite senators to help negotiate treaties or to attend the negotiations as observers. The attorney general and other cabinet officers are careful to consult with key senators before the President nominates federal judges, U.S. attorneys, and other appointed officials. Modern Presidents regularly telephone or meet privately with senators to win their support for pending treaties and nominations.
See also Appointment power; Checks and balances; Nominations, confirmation of; Treaty powers
