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Abuse and circumvention of the advice and consent clause

Abuse and circumvention of the advice and consent clause
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David Adler: Abuse and circumvention of the Advice and Consent Clause

The framers of the Constitution inserted the Advice and Consent Clause to ensure joint decision making between the president and the Senate in the exercise of the treaty making and appointment powers. What happens when the aims, purposes and spirit of that clause are abused or circumvented by either one of the joint decision-makers? We focus this week on the ability of presidents to thwart the constitutional blueprint for advice and consent of the Senate. Presidents possess considerable means to abuse and circumvent the Advice and Consent Clause, thus frustrating the aims of the framers’ constitutional design. Consider, for example, the ability of a president to utilize executive agreements and recess appointments to bypass the Senate.

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