Advice and Consent of the Senate

June 1, 1943

Report Outline
The Senate and the Peace Settlements
Advice and Consent in Early History
Means of Obtaining Advice of the Senate
Partisanship in Senate Advice and Consent

The Senate and the Peace Settlements

The Constitution provides, in Article II, Section 2,

Paragraph 2, that: “He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur …” The whole of the treaty-making power is conferred by these few words, appearing in the section which defines the powers and duties of the President of the United States.

Dissatisfaction over the country's experience after the last war with the method of treaty making prescribed in the Constitution, and fear of a new deadlock between the President and the Senate which may again result in “loss of the peace,” have generated a large number of proposals for change—-most of them offered in the form of constitutional amendments. Other proposals seek a fuller utilization of the “advice” provision of the existing advice-and-consent formula as a means of obtaining substantial agreement between the Senate and the Chief Executive on treaty terms before they are sent to the Senate with a request for its concurrence.

ISSUE TRACKER for Related Reports
Constitution and Separation of Powers
Sep. 07, 2012  Re-examining the Constitution
Jan. 29, 1988  Treaty Ratification
Mar. 27, 1987  Bicentennial of the Constitution
Jan. 31, 1986  Constitution Debate Renewed
Mar. 16, 1979  Calls for Constitutional Conventions
Jul. 04, 1976  Appraising the American Revolution
Sep. 12, 1973  Separation of Powers
Jul. 12, 1972  Treaty Ratification
Apr. 19, 1967  Foreign Policy Making and the Congress
Mar. 05, 1947  Contempt of Congress
May 10, 1945  The Tariff Power
Jul. 01, 1943  Executive Agreements
Jun. 01, 1943  Advice and Consent of the Senate
May 24, 1943  Modernization of Congress
Jan. 18, 1943  The Treaty Power
Aug. 24, 1942  Congress and the Conduct of War
May 09, 1940  Congressional Powers of Inquiry
Nov. 09, 1939  Participation by Congress in Control of Foreign Policy
Apr. 21, 1937  Revision of the Constitution
Feb. 24, 1936  Advance Opinions on Constitutional Questions
Oct. 04, 1935  Federal Powers Under the Commerce Clause
Jun. 19, 1935  The President, the Constitution, and the Supreme Court
Sep. 10, 1928  The Senate and the Multilateral Treaty
Dec. 16, 1926  The Senate's Power of Investigation
Oct. 03, 1924  Pending Proposals to Amend the Constitution
International Law and Agreements
Powers and History of the Presidency