Article II, Section 2, of the Constitution gives the president the right to negotiate foreign treaties and to nominate individualsto high-ranking government positions, including cabinet members, ambassadors, and federal judges. However, these powersare conditioned upon the advice and consent of the Senate. Section 2 requires the Senate to approve treaties by a twothirds majority, while presidential appointments require a simple majority. The advice and consent requirement is an exampleof one of the checks and balances built into the Constitution. The provision seeks to limit presidential power.
The Senate has used the treaty ratification authority to extract changes in negotiated treaties and, in some cases, to rejectan international agreement. The most famous rejection involved President woodrow wilson's desire to have the United Statesjoin the newly created League of Nations after World War I. The Senate, hostile to the concept of internationalgovernment, refused to ratify the treaty in 1919, which severely weakened the organization. In contrast, the Senate ratifiedthe United Nations charter in 1945.
The advice and consent power has drawn the most public attention��when the Senate has rejected presidential nominationsto the cabinet and to federal judgeships. The Senate voted down the 1987 Supreme Court nomination of robert bork byPresident ronald reagan, leading to charges that the Senate had politicized the confirmation process. Clarence Thomas wasconfirmed as Supreme Court justice in 1991, but only after a bruising confirmation struggle that was nationally televised. In2002, the Senate rejected several judicial nominations by President george w. bush, again leading to charges of partisanpolitics.
