Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Share in the Appointing Power._--First of all, it shares with the
President the power of appointment to federal offices. The Constitution
makes its approval necessary to the validity of all appointments made by
the executive, the idea being that the participation of the senate would
serve as a restraint upon the errors or abuses of the President and thus
insure the appointment of honest and capable men to office. But it was
never intended to give the senate anything more than the negative power
of rejecting the nominations of the President. It is his power to
nominate and that of the senate to approve or disapprove the nomination.
Nevertheless, there has grown up in the senate a practice by which the
senators from a particular state in which an appointment to a federal
office is to be made, claim the right to select the appointee themselves
and when they have agreed upon him to present his name to the President
for appointment; provided, of course, that they are of the same party as
the President. If the President refuses to comply with the request of
the senators from a particular state, and nominates an official who is
unacceptable to them, the custom of "senatorial courtesy," which has
become one of the traditions of the senate, requires that the senators
from the other states shall stand by their associates in question and
reject the nomination of the President. In this way the senate has, in
effect, assumed the power of dictating to the President appointments to
many federal offices in the states, such as those of postmaster, federal
judge, attorney, revenue collector, and the like. If the two senators
from a state belong to different political parties, the one with whom
the President is in political sympathy controls the federal patronage in
the state.
_Share in the Treaty-Making Power._--The senate also shares with the
President the power of making treaties with foreign countries. The
ordinary procedure is for the President, through the Department of
State, to negotiate the treaty, after which it is laid before the senate
for its approval. Approval by a two-thirds vote of the senators is
necessary to the validity of the treaty. The purpose of giving the
senate a share in the treaty-making power was to provide a check or
restraint upon the possible abuses or errors of the executive. The
extraordinary majority required for the approval of the treaty, however,
has frequently proved a handicap and led to the defeat of a number of
valuable treaties. Thus a small political minority can prevent the
ratification of a treaty and sometimes does so when it sees an
opportunity to reap political advantage thereby.
Public-domain text, read in full here on John Shaqi.
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