The second section gives power to the President, "BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO MAKE TREATIES, PROVIDED TWO THIRDS OF THE SENATORS PRESENT CONCUR.
The convention have done well, therefore, in so disposing of the power of making treaties, that although the President must, in forming them, act by the advice and consent of the Senate, yet he will be able to manage the business of intelligence in such a manner as prudence may suggest.
For these, the President will find no difficulty to provide; and should any circumstance occur which requires the advice and consent of the Senate, he may at any time convene them.
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.
It will be the office of the President to NOMINATE, and, with the advice and consent
of the Senate, to APPOINT.
by and with the Advice and Consent of the Senate, shall appoint
The meaning of advice and consent is not self-evident, and the
government signed the treaty in 1998, the Clinton Administration did not submit it to the Senate for advice and consent
, which are necessary for ratification.
With respect to enlargement, I strongly encourage the Senate to provide its advice and consent
to the ratification of the Accession Protocols that will welcome into NATO seven new members, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia.
The enlargement of the North Atlantic Treaty Organization (NATO) in 1998 to include Poland, Hungary, and the Czech Republic, and the invitations extended at the NATO summit in November, 2002, to seven additional states have raised questions about whether Senate advice and consent
is necessary when new states join NATO.