From the late 17th Century on, no bill could become law without the approval of both the Parliament and the crown. The phrase was a term of historic vintage in English history. Others will recall its invocation in the setting of a government class, newspaper article or the nightly news broadcast.įamiliarity aside, “advice and consent” was drawn by the framers of the Constitution from the deep well of English legal history for the purpose of limiting the powers of the president by conferring upon the Senate a full and equal power in the process of making treaties and appointments to office.Īrticle II, section 2 of the Constitution, as we shall see, employs the phrase, “advice and consent” twice - in a legislative context regarding treaty making and for a councilmanic purpose in the appointment power. Senate engulfed in a controversial confirmation hearing for a nominee to be Secretary of State. Some readers may remember that their introduction to this ancient phrase came when they picked up a copy of Allen Drury’s 1959 Pulitzer-Prize winning novel, “Advise and Consent,” which described a passionate and energetic U.S.
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