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
The Constitution speaks of the "advice and consent" of the senate, but
in practice all the senate does is to give its consent. In the early
days, however, the President not infrequently requested the "advice" of
the senate before starting the negotiation of a treaty, and if the
advice was unfavorable the proposed negotiations were abandoned. Even
now if the President has doubts as to whether a proposed treaty would
receive the approval of two thirds of the senate he will sometimes
consult with the members of the senate committee on foreign relations
and with other influential members, before beginning the negotiations.
The senate may reject a treaty _in toto_, and has done so in many
instances, or it may amend a treaty laid before it, in which case it
must be sent back to the government of the other country which is a
party thereto for concurrence in the amendments. After the senate has
consented to the ratification of a treaty, the President may ratify it
or not as he likes.
[Illustration: LIBRARY OF CONGRESS, WASHINGTON, D.C.]
[Illustration: THE WHITE HOUSE,--THE PRESIDENT'S HOME AND OFFICE]
_The Senate as a Court of Impeachment._--Another special function of the
senate is that of acting as a court for the trial of impeachment
cases. The Constitution declares that the President, Vice President, and
all civil officers of the United States shall be removed from office on
impeachment for and conviction of treason, bribery, or other high crimes
and misdemeanors. Military and naval officers are tried by court-martial
and are not therefore liable to impeachment.[29] To impeach an officer is
to bring charges against him. So far as federal officers are concerned
this power belongs exclusively to the house of representatives, which
acts somewhat as a grand jury does in finding indictments against
ordinary criminals. When sitting as a court of impeachment the senators
are under a special oath, and when the President is on trial the chief
justice of the Supreme Court is the presiding officer instead of the
Vice President, who, in such a case, would be directly interested in the
outcome of the trial, since in the event of the conviction and removal
of the President he would succeed to the office. Managers appointed by
the house of representatives appear at the bar of the senate to
prosecute the charges preferred by the house, witnesses are examined,
evidence presented, and the accused is defended by counsel of his own
choosing. In order to prevent the employment of the impeachment power
for party purposes, the Constitution provides that the concurrence of
two thirds of the senators shall be necessary to convict.
[29] That members of Congress are not liable to impeachment was
determined in the case of William Blount, a senator from Tennessee in
1797, the senate deciding that it had no jurisdiction of the case.
Public-domain text, read in full here on John Shaqi.
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