Clause 2 Advice and Consent

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Clause 2 Advice and Consent

He 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.

• Treaty-Making Power

  • Overview of President's Treaty-Making Power

  • Historical Background on Treaty-Making Power

  • Scope of Treaty-Making Power

  • Self-Executing and Non-Self-Executing Treaties

  • Congressional Implementation of Treaties

  • Interpreting Treaties

  • Legal Effect of Treaties on Prior Acts of Congress

  • Preemptive Effect of Treaties

  • Effect of Treaties on the Constitution

  • Breach and Termination of Treaties

• Alternatives to Treaties

  • Overview of Alternatives to Treaties

  • Legal Basis for Executive Agreements

  • Legal Effect of Executive Agreements

  • State Laws Affecting Foreign Relations

  • Congressional Executive Agreements

• Appointments

  • Overview of Appointments Clause

  • Historical Background on Appointments Clause

  • Process of Appointment for Principal Officers

  • Ambassadors, Ministers, and Consuls Appointments

  • Appointments of Justices to the Supreme Court

  • Creation of Federal Offices

  • Creation of Federal Offices with Blended Features

  • Federal Versus Territorial Officers

  • Restrictions on Congress's Authority

  • Officer and Non-Officer Appointments

  • Departments Heads and Courts of Law

  • Changing the Duties of an Existing Officer

  • Interbranch Appointments

  • Principal and Inferior Officers

    • Overview of Principal and Inferior Officers

    • Early Doctrine on Principal and Inferior Officers

    • Modern Doctrine on Principal and Inferior Officers

  • Removals

    • Overview of Removal of Executive Branch Officers

    • Decision of 1789 and Removals in Early Republic

    • Removals in Jacksonian America Through the Nineteenth Century

    • Removals in the 1920s

    • Removals in the 1930s

    • Later Twentieth Century Cases on Removal

    • Twenty-First Century Cases on Removal