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Advice and Consent
Article II of the Constitution provides that Presidents may nominate judges and
high-level executive branch officers and negotiate treaties with the
"advice and consent of the Senate." The Constitution is clear about what
constitutes "consent" (it requires a majority of the Senate to approve a
nominee and two-thirds of the Senate to consent to a treaty) but
ambiguous on "advice," leading to frequent quarrels with Presidents who
acted without consulting with the Senate. The House plays no role in the
advice and consent process.
By Donald Ritchie, Our Constitution (Oxford University Press)
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