Advice and Consent

(redirected from Confirmed by the U.S. Senate)
Also found in: Dictionary, Thesaurus.

Advice and Consent

The authority given by the U.S. Constitution to the Senate to ratify treaties and confirm presidential cabinet, ambassadorial, and judicial appointments.

Article II, Section 2, of the Constitution gives the president the right to negotiate foreign treaties and to nominate individuals to high-ranking government positions, including cabinet members, ambassadors, and federal judges. However, these powers are conditioned upon the advice and consent of the Senate. Section 2 requires the Senate to approve treaties by a two thirds majority, while presidential appointments require a simple majority. The advice and consent requirement is an example of one of the checks and balances built into the Constitution. The provision seeks to limit presidential power.

The Senate has used the treaty ratification authority to extract changes in negotiated treaties and, in some cases, to reject an international agreement. The most famous rejection involved President woodrow wilson's desire to have the United States join the newly created League of Nations after World War I. The Senate, hostile to the concept of international government, refused to ratify the treaty in 1919, which severely weakened the organization. In contrast, the Senate ratified the United Nations charter in 1945.

The advice and consent power has drawn the most public attention when the Senate has rejected presidential nominations to the cabinet and to federal judgeships. The Senate voted down the 1987 Supreme Court nomination of robert bork by President ronald reagan, leading to charges that the Senate had politicized the confirmation process. Clarence Thomas was confirmed as Supreme Court justice in 1991, but only after a bruising confirmation struggle that was nationally televised. In 2002, the Senate rejected several judicial nominations by President george w. bush, again leading to charges of partisan politics.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Yellen was appointed to a four-year term as Fed chair by President Barack Obama, and she was confirmed by the U.S. Senate on January 6.
He is a former member of the Kansas House of Representatives and was appointed by President Barack Obama, and confirmed by the U.S. Senate in 2009, to the National Council on Disability.
Hale made strong statements criticizing Hezbollah as he was being confirmed by the U.S. Senate at the beginning of August.
civilians and contractors, it is not a signal of strength to have the next Secretary of Defense barely confirmed by the U.S. Senate. But it seems up to one quarter of members may vote against him.
Senior Foreign Service, was confirmed by the U.S. Senate on June 29, 2012 as the next U.S.
Mele replaces Maurice Jones, who was confirmed by the U.S. Senate earlier this month as deputy secretary of the U.S.
* One year ago today, Elena Kagan was confirmed by the U.S. Senate as a Supreme Court Justice.
Mathy Stanislaus began work as Assistant Administrator for EPA's Office of Solid Waste and Emergency Response after being confirmed by the U.S. Senate on June 8, 2009.
Suresh Kumar was nominated by President Obama and unanimously confirmed by the U.S. Senate to lead the U.S.
Robert Ford was nominated by Obama in February as the country's new ambassador but his appointment has yet to be confirmed by the U.S. Senate.
He added, "If confirmed by the U.S. Senate, I would welcome the opportunity to lead CMS because it offers the chance to help extend the effort to improve America's health care system--the very vision that led to the founding of the Institute for Healthcare Improvement."
The corporation would have a nine-member bipartisan board of directors appointed by the president and confirmed by the U.S. Senate. It would be subject to congressional oversight as well as U.S.