Treaties
The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties made by the executive branch.
The Senate has rejected relatively few of the hundreds of treaties it has considered in its history. Many others, however, have died in committee or been withdrawn by the president rather than face defeat.
Some presidents have found it helpful to include senators in negotiating treaties in order to help pave the way for later Senate approval.
The requirement for a two-thirds vote ensures that a treaty will need bipartisan support to be approved.
The Senate may also amend a treaty or adopt various changes, which may lead the other nation, or nations, to further negotiate the treaty.
The president may also enter into executive agreements with foreign nations that are not subject to Senate approval.
Constitutional Provisions
Article II, section 2, of the Constitution states 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." These few words are the cornerstone to a major part of our system of divided powers, checks and balances.
According to one scholar of the early Senate, "the Senate power which aroused the gravest and most widespread apprehension was that associated with the making of treaties." The Constitution's framers gave the Senate a share of the treaty power in order to check presidential power, to give the president the benefit of the Senate's advice and counsel, and to safeguard the sovereignty of the states by giving each state an equal vote in the treatymaking process.