Posted by
ByGeorge on Monday, August 03, 2009 7:47:03 PM
[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;
(US Constitution, Article II, Section 2, Clause 2)
The Constitution gives rolls to both the executive and legislative branches for
the making of treaties. The rational for this was to provide a check on the treaty
making process. By requiring a super majority of two-thirds in the Senate to agree
to the treaty the Founders believed that more deliberation and thought would be
put into the making of a treaty than common law. They also believed that by having
the Senate consent to the treaty a small majority would be prevented from making
treaties. (The smaller states had equal representation with the larger states in
the Senate.) The House was too large in the minds of the Founders to be involved
in making a treaty, this body would have difficulty keeping secrets or acting
quickly.