The Senate's Constitutional Power To Ratify Treaties

The United States Constitution provides that the president shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur (Article II, section 2). Treaties are binding agreements between nations and become part of international law. The Senate does not ratify treaties, but it does have a share of the treaty-making power. This was intended to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process.

Explore related products

The role of the Senate in treaty ratification a staff memorandum to the Committee on Foreign Relations, United States Senate

$9.99

Ratification of Treaties: Methods and Procedure in Foreign Countries Relative to the Ratification of Treaties, Also Extracts From the Executive Journal of the Senate

$33.95

A Sermon Preached to the Cambridgeport Parish, May 28, 1871

$26.95

How polarization affects human rights treaty ratification by the US Senate

$39.5

Substance of a Speech Delivered by Hon. Lewis Cass, of Michigan, in Secret Session of the Senate of the United States, on the Ratification of the Oregon Treaty, With Additions, July, 1846

$14.75

Ratification of Treaties, 1919: Methods and Procedure in Foreign Countries Relative to the Ratification of Treaties; Also Extracts From the Executive ... in Cases of Treaties Rejected by the Senate

$33.72 $31.27

The Senate does not ratify treaties, but approves or rejects a resolution of ratification

The United States Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2). Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".

The Senate does not ratify treaties. Instead, it approves or rejects a resolution of ratification. This means that the Senate has a share of the treaty-making power, but the authority to negotiate treaties has been assigned to the President alone. The President then has the choice to ratify the treaty or not, as they see fit.

The Senate's role in the treaty-making process is to provide advice and counsel to the President, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote. This is done through the Committee on Foreign Relations, which considers the treaty before the Senate votes on it.

For a treaty to be approved, two-thirds of senators must vote in support, giving treaties a high bar for passage. If the resolution passes, ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).

The President has the authority to negotiate treaties, but the Senate can put reservations on treaties

The United States Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2). Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".

The authority to negotiate treaties has been assigned to the President alone as part of a general authority to control diplomatic communications. The President has the choice, as with all treaties to which the Senate has assented, to ratify the treaty or not, as he sees fit. The Senate does not ratify treaties. Following consideration by the Committee on Foreign Relations, the Senate either approves or rejects a resolution of ratification. The Senate has considered and approved for ratification all but a small number of treaties negotiated by the president and his representatives.

The Senate does, however, have the power to put reservations on treaties, in which it modifies or excludes the legal effect of the treaty. The Constitution's framers gave the Senate a share of the treaty-making power in order to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process.

The President has the power to ratify treaties as he sees fit

The Senate does not ratify treaties. Following consideration by the Committee on Foreign Relations, the Senate either approves or rejects a resolution of ratification. The Senate has considered and approved for ratification all but a small number of treaties negotiated by the president and his representatives. The President then has the choice, as with all treaties to which the Senate has assented, to ratify the treaty or not, as he sees fit.

The Constitution's framers gave the Senate a share of the treaty-making power in order to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process. The constitutional requirement that the Senate approve a treaty by a vote of two-thirds of senators present means that treaties must overcome political and partisan divisions to gain approval. During the summer of 1787, delegates to the Constitutional Convention debated whether the power of treaty-making should reside within the legislative or executive branch.

Explore related products

Ratification: The People Debate the Constitution, 1787-1788

$13.2 $24

The Oldest Constitutional Question: Enumeration and Federal Power

$42.83 $49.95

Constitutional Law for a Changing America: Institutional Powers and Constraints

$98.4 $123

Constitutional Law for a Changing America: Institutional Powers and Constraints

$119.1 $217

Constitutional Law and Politics: Struggles for Power and Governmental Accountability (Volume 1)

$170

Constitutional Construction: Divided Powers and Constitutional Meaning

$44.2 $49

Treaties are binding agreements between nations and become part of international law

The Constitution's framers gave the Senate a share of the treaty-making power to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process. The Senate also has the power to put reservations on treaties, in which it modifies or excludes the legal effect of the treaty. The President then has the choice to ratify the treaty or not, as he sees fit.

Treaty debates have been held publicly since 1929, unless they are classified due to sensitive information. During these debates, RUDs (reservations, understandings, and declarations) can be proposed and, if passed, become attached to the resolution. For a treaty to succeed, two-thirds of senators must vote in support, giving treaties a high bar for passage. Once a treaty is ratified, it becomes part of domestic law.

Treaties to which the United States is a party have the force of federal legislation

The United States Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2). Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".

The Senate does not ratify treaties. Instead, the Senate either approves or rejects a resolution of ratification. The president then has the choice to ratify the treaty or not, as he sees fit. The Senate does, however, have the power to put reservations on treaties, modifying or excluding the legal effect of the treaty.

The Constitution's framers gave the Senate a share of the treaty-making power in order to give the president the benefit of the Senate's advice and counsel, to check presidential power, and to safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process. The requirement that two-thirds of senators must vote in support of a treaty gives treaties a high bar for passage.

Once a treaty is ratified, the supremacy clause in the Constitution means that it becomes part of domestic law.

Frequently asked questions