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Advice and Consent

Advice and consent

What does Advice and consent mean in American Law?

The definition of Advice and consent in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Article II, § 2 of the Constitution gives the President the power “to make Treaties” and to appoint ambassadors, judges and other government officers “by and with the Advice and Consent of the Senate.” The “consent,” which is obviously the operative part of the Senate’s power, requires an affirmative vote of two-thirds of the Senators present.

The term is very old. When Henry II issued his Assize of the Forest in 1184, it recited that it was enacted “by the advice and consent of the archbishops, bishops, barons, earls and nobles of England,” and there are even traces of the phrase in eighth-century royal conveyances.

Advice and Consent in the law of the United States

Advice and Consent: Related U.S. Resources

See Also

Executive Appointment (in the U.S. Legal Encyclopedia) senate Judiciary (in the U.S. Legal Encyclopedia) committee, 1 15 Senatorial Courtesy (in the U.S. Legal Encyclopedia).

Advice and Consent (Judicial Personnel)

Advice and Consent

Meaning of Advice and Consent

Resources

See Also

  • United States
  • Treaties
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