The constitutional text

Article II · Section 2

Select any highlighted phrase to understand what it means.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

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.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article II, section 2, clause 2 (teaching subdivision a)

Treaties through President and Senate

Current text
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;

What it means

The President makes treaties with the Senate’s advice and consent, requiring two-thirds of senators present to concur. This assigns complementary roles rather than exclusive treaty power to either institution.

Historical setting

Federalist 75 described treaty-making as involving characteristics of both executive and legislative authority. The Senate’s participation was meant to provide judgment and restraint without putting the entire negotiation process in a large legislature.

What it does

The President conducts the executive side of the process, while the required Senate coalition supplies constitutional consent. Not every international agreement uses this treaty procedure, so identifying an agreement’s claimed legal basis is essential.

Debate & interpretation

The central tradeoff is between reliable national commitments and flexibility in foreign affairs. Disputes concern alternative agreement forms, domestic implementation, and how far one administration can bind future policy.

A common misreading

Two-thirds means senators present, not automatically sixty-seven in every attendance scenario, and House approval is not the constitutional treaty-consent vote.

Think it through

Why might international commitments require a broader Senate coalition than ordinary confirmation of an officer?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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