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.

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Presentation transcript:

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 treaty- making. 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.

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. Why O Why?

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 Who’s to Blame?

th 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! Lil’ Bush 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.