Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.
The expression is frequently used in systems where the head of state has little practical power, and in practice the important part of the passage of a law is in its adoption by the legislature. For example, in Canada, a constitutional monarchy, bills are headed:
This formula emphasizes that, although legally the bill is being enacted by the Queen of Canada, it is not through her initiative but through that of the houses of Parliament that legislation is created.
In the US, "advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors. This power is also held by several state Senates who are consulted on and approve various appointments made by the state's chief executive, such as some statewide officials, state departmental heads in the Governor's cabinet, and state judges (in some states).
The term "advice and consent" first appears in the United States Constitution in Article II, Section 2, Clause 2, referring to the Senate's role in the signing and ratification of treaties. This term is then used again, to describe the Senate's role in the appointment of public officials, immediately after describing the President's duty to nominate officials.
The Founding Fathers of the United States included the language as part of a delicate compromise concerning the balance of power in the federal government. Many delegates preferred to develop a strong executive control vested in the President, while others, worried about authoritarian control, preferred to strengthen the Congress. Requiring the President to gain the advice and consent of the Senate achieved both goals without hindering the business of government.
For a treaty, a two-thirds vote of the Senate is required, and thus a filibuster to block consideration would be unnecessary.
Executive Order 13346-Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions
Jul 12, 2004; July 8, 2004 By the authority vested in me as President by the Constitution and the laws of the United States of America,...