Advice and consent

Advice and consent is the Senate's constitutional power to review and approve certain presidential actions. Article II, Section 2 gives the president the power to make treaties "by and with the Advice and Consent of the Senate," provided two-thirds of senators present concur, and to appoint ambassadors, Supreme Court justices and other officers, with a majority of the Senate confirming.

For nominations, the process typically involves committee hearings, a committee vote and a floor vote, with the Senate deciding how to examine candidates. Rules and customs, such as the blue slip for some judges and the senate hold, shape the process. Congress can by law vest appointment of "inferior" officers in the president alone, courts or department heads.

The Senate's role is a major checks and balances feature, giving it leverage in disputes with the president. Over time the process has become more partisan, and the Senate has lowered its voting thresholds through the nuclear option to allow confirmation by a simple majority. Disputes include whether the Senate must act on a nominee at all, as in 2016 when it did not consider Merrick Garland, and how to fill vacancies when it is not in session, a topic of recess-appointment. Treaties have grown rarer as presidents use executive agreements.