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Simple English definitions for legal terms
advice and consent
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A quick definition of advice and consent:
Advice and consent is a term used in the United States Constitution that gives the Senate the power to help make important decisions. This includes helping to decide who gets important jobs in the government and whether or not the country should make agreements with other countries. The Senate has to vote and agree on these decisions before they can happen.
A more thorough explanation:
Definition: Advice and consent is the right of the U.S. Senate to participate in making treaties and appointing federal officers, as provided by the U.S. Constitution, Article II, Section 2.
When it comes to treaties, the Senate's advice and consent generally includes Senate involvement in the negotiation process, and the need for a two-thirds majority of the Senate for ratification. This means that the Senate has a say in whether or not the United States enters into a treaty with another country. For example, if the President negotiates a treaty with another country, the Senate must approve it before it can go into effect.
As for public officers, the Senate's advice and consent generally includes the right to vote on approval of an appointment. This means that the President cannot simply appoint anyone he wants to a federal position. The Senate must approve the appointment first. For example, if the President wants to appoint someone to be a federal judge, the Senate must vote to approve the appointment before the person can take the job.