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Advice and consent is a phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch. Image File history File links Gnome-globe. ... Advise and Consent is a political novel written by Allen Drury and published in 1959. ... An enacting formula, or enacting clause, is a short phrase that introduces the main provisions of a law enacted by some legislatures. ... A bill is a proposed new law introduced within a legislature that has not been ratified, adopted, or received assent. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ...

General

The expression is frequently used in systems where the head of state has little practical power, and in practice the important part of the passage of a law is in its adoption by the legislature. For example, in Canada, a constitutional monarchy, bills are headed: For the comedy film of the same name, see Head of State (film). ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... Forms of government Part of the Politics series Politics Portal This box:      A constitutional monarchy is a form of government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state, as opposed to an absolute monarchy, where the monarch is not bound by a...

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

This formula emphasizes that, although legally the bill is being enacted by the Queen of Canada, it is not through her initiative but through that of the houses of Parliament that legislation is created. Her Majesty Queen Elizabeth II, Queen of Canada, wearing the Sovereigns insignia of the Order of Canada and the Order of Military Merit The style of the Canadian Sovereign has varied over the years. ...

United States

This article is part of the series: United States Senate
Members
Current (by seniority · by age · by class) Former Hill committees (DSCC, NRSC) President pro tempore (list) Dean · Presiding officer Party leaders and Assistants Democratic Caucus Republican Conference Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... Image File history File links Senate_cap. ... It has been suggested that this article or section be merged with List of members in the 110th United States Congress. ... This is a classification of current U.S. Senators by seniority. ... This is a list of current U.S. Senators sorted by age. ... The three classes of US Senators, each currently including 33 or 34 Senators (since Hawaii became the 50th state in 1959, and until another state is admitted), are a means used by the United States Senate for describing the schedules of Senate seats elections, and of the expiration of the... This is an incomplete list of all people who previously served in the United States Senate. ... The Hill committees are a set of four political party committees, controlled by the Republican and Democratic caucuses in each house of the United States Congress, which work to elect members of their own party to Congress (located on Capitol Hill, the source of the name). ... DSCC can also refer to Defense Supply Center, Columbus. ... The National Republican Senatorial Committee (NRSC) is the Republican Hill committee for the United States Senate, working to elect Republicans to that body. ... Robert C. Byrd of West Virginia the current President pro tempore of the United States Senate. ... This is a complete List of Presidents pro tempore of the United States Senate. ... The Dean of the United States Senate is the longest-serving (in consecutive terms) United States Senator. ... The Presiding Officer is majority-party Senator who presides over the United States Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senates rules, practices and precedents. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Senate Majority and Minority Leaders (also called Senate Floor Leaders) are two... The Assistant Majority and Minority Leaders of the United States Senate (commonly called Senate Majority and Minority Whips) are the second-ranking members of their parties in the United States Senate. ... The Senate Democratic Caucus is the formal organization of the (currently) 44 Democratic Senators in the United States Senate. ... The Senate Republican Conference is the formal organization of the (currently) 55 Republican Senators in the United States Senate. ...
Politics and procedure
Advice and consent Closed session (list) Cloture · Committees (list) Executive session · Filibuster History · Quorum  · Quorum call Recess appointment · Salaries Seal  · Standing Rules · Traditions Unanimous consent VPs' tie-breaking votes
Places
United States Capitol Senate office buildings (Dirksen · Hart · Russell)

In the US, "advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors. This power is also held by several state Senates who are consulted on and approve various appointments made by the state's chief executive, such as some statewide officials, state departmental heads in the Governor's cabinet, and state judges (in some states). In the Congress of the United States, a closed session (formally a session with closed doors) is a parliamentary procedure for the Senate or the House of Representatives to discuss matters requiring secrecy. ... The United States Senate has the authority for meeting in closed session, as described in the Standing Rules of the Senate. ... In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ... A Congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). ... The Senate Committee on Budget (ca. ... An executive session is a portion of the Senates daily session in which it considers executive business. ... As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... Debate over Compromise of 1850 in the Old Senate Chamber. ... Look up quorum in Wiktionary, the free dictionary. ... A quorum call or call to quorum is a parliamentary procedure used to delay a vote or otherwise slow down the deliberations of a parliamentary body. ... A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. ... Historical information on the salaries that United States Senators have been paid: 1789-1815 -- $6. ... The Seal of the Senate, based on the Great Seal of the United States, includes a scroll inscribed with E Pluribus Unum floating across a shield with thirteen stars on top and thirteen vertical stripes on the bottom. ... The Standing Rules of the Senate detail the rules of order of the United States Senate. ... The United States Senate observes a number of traditions, some formal and some informal. ... Unanimous consent, in parliamentary procedure, refers to situations in which a motion can pass if no one present objects. ... The Vice President of the United States is, ex officio, the President of the United States Senate and votes only to break a tie. ... The United States Capitol is the capitol building that serves as the location for the United States Congress, the legislative branch of the U.S. federal government. ... The largely ceremonial space within the United States Capitol is augmented by office, meeting and service spaces within the Congressional office buildings. ... This Washington, DC congressional office building is named for former Senate Minority Leader Everett Dirksen (R-IL). ... Located on Constitution Avenue, between 1st and 2nd Streets, NE The Hart Senate Office Building, the third U.S. Senate office building, was built in the 1970s. ... This photograph, taken from southwest of the building, shows the main entrance along Constitution Avenue, N.E. The rotunda of the Russell Building featuring the sculpture by Frederick Hart. ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ...

Constitutional provision

Article II, Section 2, paragraph 2 of the United States Constitution states: Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he 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 established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The term "advice and consent" first appears in the United States Constitution in Article II, Section 2.2, referring to the Senate's role in the signing and ratification of treaties in the United States. The clause uses the same language to describe the Senate's role in the appointment of public officials. Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

The Founding Fathers of the United States included the language as part of a delicate compromise concerning the balance of power in the federal government. Many delegates preferred to develop a strong executive control vested in the President, while others, worried about authoritarian control, preferred to strengthen the Congress. Requiring the President to gain the advice and consent of the Senate achieved both goals without hindering the business of government. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ...

Historical development of power

President George Washington firmly believed that the role of the Senate was to advise the President after the nomination had been made by the President. This notion has developed into the subordination of the "advice" portion of the power through the consolidation of American democracy to the "consent" portion, although several Presidents have consulted informally with Senators over nominations and treaties. George Washington (February 22, 1732 – December 14, 1799)[1] led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and in 1789 was elected the first President of the United States of America. ...

Use today

The actual motion adopted by the Senate when exercising the power is "to advise and consent to", showing how initial advice on nominations and treaties is not a formal power exercised by the Senate. For appointments, a majority of Senators are needed to pass a motion "to advice and consent", but unless the appointment has the support of three-fifths of Senators a filibuster blocking the passage of the motion is possible. As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...

For a treaty, a two-thirds vote of the Senate is required, and thus a filibuster to block consideration would be unnecessary.

See also

• Tenure of Office Act
• Recess appointment

The Tenure of Office Act, passed in 1867 over the veto of President Andrew Johnson, denied the President of the United States the power to remove from office anyone who had been appointed or approved by Congress, unless the removal was also approved by Congress. ... A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. ...

References

• U.S. Senate history on the power to advise and consent