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Advice and Consent

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Advice and Consent

Article II 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.

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