What is advice and consent?
Advice and consent is the Senate’s constitutional role in approving presidential appointments and treaties. It divides these powers between the president and the Senate.
The Senate’s advice and consent history explains why the Constitution splits appointment authority.
How does advice and consent apply to nominations?
The president nominates officers of the United States and appoints them with the advice and consent of the Senate. These include ambassadors, Supreme Court justices, and Cabinet members. The president chooses the nominee. The Senate decides whether to confirm that nominee.
Not every federal appointment needs Senate approval. Congress can let the president alone, courts, or department heads appoint certain lower-ranking officers. Article II, Section 2, Clause 2 sets out this exception for “inferior Officers.”
How many senators must agree to a treaty?
Treaties need the advice and consent of two thirds of the senators present. The same constitutional clause sets that threshold. If all 100 senators are present, at least 67 must agree. The threshold depends on attendance, not the total number of Senate seats.
The Senate consents to ratification. The president ratifies the treaty. The Senate’s treaties guide explains this distinction. The treaty threshold does not apply to nominations, which require a simple majority for confirmation.
How does this fit the Senate’s work?
Advice and consent is separate from passing bills. The House shares lawmaking with the Senate, but it does not confirm nominees or give consent to treaties. The senator job guide explains these roles.
The Senate majority leader sets the floor agenda. That role shapes when senators consider nominations, but it does not replace the Senate’s consent.
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