Treaties and Nominations
The Senate's advice and consent. 10 questions, each answer with its official source.
Test Yourself FirstWho makes treaties for the United States?
The president, with the advice and consent of the Senate
Article II, Section 2 gives the president power to make treaties by and with the advice and consent of the Senate.
What vote does the Senate need to approve a treaty?
Two-thirds of the senators present
Article II, Section 2 requires two-thirds of the senators present to concur.
Does the House vote to approve treaties?
No, only the Senate gives consent
Article II, Section 2 gives the treaty role to the Senate. The House can still matter when a treaty needs implementing legislation or funding.
Which Senate committee reviews treaties first?
Foreign Relations
Senate Rule XXV gives the Foreign Relations Committee jurisdiction over treaties, and Senate Rule XXX sets how the full Senate considers them.
Who nominates federal judges and ambassadors?
The president
Article II, Section 2 says the president shall nominate, and with the advice and consent of the Senate appoint, ambassadors, judges of the Supreme Court and other officers.
What vote confirms a nominee in the Senate?
A simple majority of those voting
The Constitution sets no threshold for advice and consent on nominations, and the Senate confirms by majority vote. Since 2017, ending debate on any nomination also takes a simple majority.
How long do federal judges appointed under Article III serve?
During good behavior, which in practice means until they leave or are removed
Article III, Section 1 says judges shall hold their offices during good behavior. They can be removed only through impeachment and conviction.
Can Congress let some officials be appointed without Senate confirmation?
Yes, by law for inferior officers
Article II, Section 2 lets Congress by law vest the appointment of inferior officers in the president alone, the courts or the heads of departments.
How long does a recess appointment last?
Until the end of the Senate's next session
Article II, Section 2 lets the president fill vacancies during a Senate recess with commissions that expire at the end of the next session. NLRB v. Noel Canning (2014) held that a recess of fewer than 10 days is presumptively too short.
What happens to pending nominations when the Senate adjourns or recesses for more than 30 days?
They go back to the president unless the Senate agrees to hold them
Senate Rule XXXI returns pending nominations to the president at such breaks unless the Senate orders otherwise, usually by unanimous consent. The president can then nominate the person again.
Other Topics
- How Congress WorksHow a Bill Becomes LawFrom introduction to the president's desk
- How Congress WorksThe House435 voting members, elected every two years
- How Congress WorksThe SenateTwo senators per state, six-year terms
- How Congress WorksCommitteesWhere most bills are studied, amended or left to wait
- How Congress WorksFloor Votes and Roll CallsHow members vote and how votes are recorded
- How Congress WorksThe Filibuster and ClotureExtended debate in the Senate and how to end it
- How Congress WorksVetoes and OverridesThe president's no, and how Congress can overcome it
- How Congress WorksThe Budget and AppropriationsHow Congress decides what the government can spend
- How Congress WorksImpeachmentHow Congress can charge and remove federal officials