Legal Definitions - advice and consent

Advice and Consent refers to a constitutional power granted to the United States Senate, enabling it to play a crucial role in two key areas: the ratification of international treaties and the confirmation of presidential appointments to federal government positions. This power ensures a system of checks and balances, requiring the President to secure Senate approval for significant executive actions.

Specifically:

• For treaties, the Senate's "advice and consent" often involves its input during the negotiation process and requires a two-thirds majority vote for the treaty to be ratified and become legally binding for the U.S.
• For federal officers, the Senate's "advice and consent" means it must vote to approve or reject the President's nominees for various high-level positions, such as Cabinet secretaries, ambassadors, and federal judges.

Here are some examples illustrating how "advice and consent" works in practice:

• Example 1: International Climate Agreement

  Imagine the President of the United States negotiates a comprehensive international treaty with several other nations to reduce global carbon emissions. After the President signs the agreement, it cannot immediately become U.S. law. The treaty must then be sent to the Senate, which will review its provisions, hold hearings, and debate its implications. Senators might offer "advice" by suggesting amendments or reservations. Ultimately, for the United States to formally join and be bound by this treaty, at least two-thirds of the Senators present must vote to give their "consent" (ratification).

  This example demonstrates "advice and consent" in the context of treaties, showing how the Senate's approval is essential for international agreements to take effect for the U.S.

• Example 2: Appointment of a Supreme Court Justice

  When a vacancy occurs on the U.S. Supreme Court, the President nominates a candidate to fill that lifetime position. Before the nominee can serve as a Justice, they must undergo a rigorous confirmation process in the Senate. This process typically involves extensive background checks, public hearings where the nominee testifies and answers questions from Senators, and a thorough debate among Senators about the nominee's qualifications, judicial philosophy, and temperament. After this scrutiny, the Senate holds a vote, and a simple majority is usually required to provide its "consent" (confirmation) for the appointment.

  This example illustrates "advice and consent" as it applies to the appointment of federal officers, highlighting the Senate's critical role in confirming high-level presidential nominees.