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Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate legislation.
On September 4, the Committee of Eleven reported an amended appointment clause. Unanimously adopted on September 7 and based on the Massachusetts model, the clause provided that the president shall nominate and, with the advice and consent of the Senate, appoint the officers of the United States. Return to The Senate & the Constitution.
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- Senate Rules on Treaties
- Senate Process For Treaty Consideration
- Rejected Treaties
- Pending Treaties
- Senate Rules on Appointments
- Background
- Senate Process For Nomination Consideration
- Committee Process
- Floor Procedures
- Executive Branch Appointments
The U.S. Senate's advice and consent authority for treaties is located in the Treaties Clause of Article II, Section 2, which reads: The consideration of treaties constitutes executive business under Senate rules. Rule XXIX governs executive business generally, while Rule XXX of the United States Senategoverns Senate consideration of treaties speci...
Presentation and Referral
After the President presents a treaty to the U.S. Senate, the treaty and supporting materials are referred to the U.S. Senate Committee on Foreign Relations. Senate Rule XXIX, para. 3, requires treaties and "all remarks, votes, and proceedings thereon shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy." At the time of referral to the Committee on Foreign Relations, the Senate historically agrees by unanimous consent to remove the "injunc...
Committee on Foreign Relations action
After committee review, the Foreign Relations Committee can order the treaty reported back to the Senate in one of four ways: 1. The committee may report the treaty to the full Senate favorably 2. The committee may report the treaty to the full Senate unfavorably 3. The committee may report the treaty to the full Senate without recommendation 4. The committee may take no action on the treaty at all Should the committee take no action, the treaty remains available to the Senate for future cons...
Full Senate action
Senateconsideration of treaties begins when the majority leader makes a unanimous consent request to that effect. If the Senate is in legislative session, then the majority leader makes "a non-debatable motion that the Senate go into executive session for the purpose of considering a specific treaty." If the Senate is in executive session already, then a motion is made to proceed to any but the first item on the Executive Calendar, which is subject to debate. After moving to executive session...
The following treaties have been rejected by the United States Senate: Note: Click on a column heading to sort the data.
As of December 30, 2016, the State Department listed 44 treaties which have been submitted to the U.S. Senate but which have not received the Senate's advice and consent. One of the treaties listed on the State Department's website-Protocol to the North Atlantic Treaty on the Accession of Montenegro-was ratifiedby the U.S. Senate on March 28, 2017....
The U.S. Senate's advice and consent authority for Presidential nominations is located in the Appointments Clause of Article II, Section 2, which reads: The consideration of appointments constitutes executive business under Senate rules. Rule XXIX governs executive business generally while Rule XXXI of the United States Senategoverns Senate conside...
The president nominates all federal judges in the judicial branch as well as officers specified by law in cabinet-level departments, independent agencies, the armed services, the Foreign Service and uniformed civilian services, as well as U.S. attorneysand U.S. marshals. Today, more than 300 positions in 14 cabinet agencies and more than 100 positi...
Presentation and Referral
The president sends nominations to the U.S. Senate in writing. Once received, nominations are numbered by the executive clerk and read on the floor of the Senate. Except by unanimous consent, the Senate cannot vote on nominations the day they are received. Most nominations are referred to committees. Senate Rule XXXI requires nominations to be referred to appropriate committees unless otherwise ordered. Senate rules concerning committee jurisdictions (Rule XXV) apply to nominations as well as...
Background
Congressional committees sometimes rely on field investigations and reports conducted by the Federal Bureau of Investigation (FBI). Records of FBI investigations are provided only to the White House. At times, a report or a summary may be shared with senators on the relevant committee with presidential authorization. Almost all nominees are asked by the White House Office of Counsel to complete an Executive Personnel Financial Disclosure Report, SF-278, which is reviewed and certified by both...
Hearings
All committees that receive nominations hold hearings on some nominations, however the likelihood of hearings varies with the importance of the position and committee workload. The Judiciary Committee, for example, typically does not hold hearings for U.S. attorneys, U.S. marshals, or members of part-time commissions. One or both senators from the nominee's home state might introduce a nominee at a hearing. Committees sometimes send questionnaires to nominees in advance of a hearing; nominees...
Reporting
A committee considering a nomination has four options: 1. The committee may report the nomination to the full Senate favorably 2. The committee may report the nomination to the full Senate unfavorably 3. The committee may report the nomination to the full Senate without recommendation 4. The committee may choose to take no action at all Very few nominations proceed without being reported out of committee, but chamber rules make it possible for the full Senateto consider a nomination a committ...
All nominations reported from committee are listed on the Executive Calendar. Nominations are considered in executive session at a time scheduled by the majority leader.
Below is a list of executive branch nominees that were explicitly rejected by the Senate or in which the nomination was withdrawn by the president. Note: Click on a column heading to sort the data.
Clause 2 Advice and Consent. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose ...
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.
Section 2 Powers. Clause 2 Advice and Consent. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the ...
