Also known as: advice & consent · senatorial advice and consent
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional requirement under which the President must obtain Senate approval to make treaties and to appoint ambassadors, public ministers, consuls, Supreme Court justices, and other officers of the United States whose appointments are not otherwise provided for by law.
President nominates Anthony Arnold to serve as a circuit judge. The Senate Judiciary Committee conducts hearings and the full Senate votes by majority to approve the nomination. Arnold receives his commission and assumes the bench only after completing this process.
President negotiates a defense pact with a foreign ally. The Senate debates the agreement and must secure concurrence from two-thirds of senators present before the pact can bind the United States. Without that vote the agreement remains an executive arrangement only.
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President selects Alexandra Armstrong as ambassador to a key trading partner. The Senate Foreign Relations Committee reports favorably and the full Senate grants consent. Armstrong presents credentials abroad only after the Senate completes its role.
Congress creates a new inspector position and authorizes appointment by the Attorney General alone. The Senate's advice and consent is not required because the statute properly vests the power in a department head. The appointee assumes duties immediately upon designation.
During a Senate recess President grants a temporary commission to Adam Anderson as a district judge. The commission ends at the close of the next Senate session because no advice and consent vote occurred. Anderson must leave office unless the Senate later confirms a permanent nomination.
Congress creates an election commission whose members are appointed partly by congressional leaders. The Supreme Court holds that the commission exercises executive power and therefore its members must be appointed by the President with Senate advice and consent. The existing appointment method is struck down.
The Constitution requires two-thirds of the senators present to concur before a treaty becomes effective. This supermajority rule applies only to treaties and not to executive agreements that do not rise to treaty status.
No. The Constitution requires advice and consent for principal officers such as ambassadors, Supreme Court justices, and other officers established by law. Congress may vest appointment of inferior officers in the President alone, courts, or department heads.
The Senate's advice and consent includes committee hearings, investigation of nominees, and the opportunity to negotiate treaty terms before ratification. This participation ensures legislative oversight of both appointments and international commitments.
…§ 2, cl. 2. The Commission is empowered to exercise executive power, and its members must be appointed by the President with the advice and consent of the Senate. The judgment of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded for further proceedings consistent with this opinion. Concurring…