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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. Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.