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The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [the President] 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 Appointments are not herein otherwise provided for, and which shall be ...
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.
In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess.Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent (confirmation) of the Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and ...
However, under United States constitutional law, executive agreements are not considered treaties for the purpose of the Treaty Clause of the United States Constitution, which requires the advice and consent of two-thirds of the Senate to qualify as a treaty. Some other nations have similar provisions with regard to the ratification of treaties.
In reaching that decision, the Supreme Court stated in its majority opinion (though in dicta), "that the Tenure of Office Act of 1867, insofar as it attempted to prevent the president from removing executive officers who had been appointed by him by and with the advice and consent of the Senate, was invalid". [3]
President Obama's attempt to circumvent the Senate's "advise and consent" authority by appointing Richard Cordray as director of the Consumer Financial Protection Bureau without Senate ...
The Treaty Clause of the United States Constitution (Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements.It empowers the President as the primary negotiator of agreements between the United States and other countries, and holds that the advice and consent of a two-thirds supermajority of the Senate renders a treaty binding with the force of federal ...
United States, although the Senate's advice and consent are required for the appointment of certain executive branch officials, it is not necessary for their removal. [ 28 ] [ 29 ] Recess appointments have faced a significant amount of resistance and in 1960, the U.S. Senate passed a legally non-binding resolution against recess appointments to ...