Advice and consent

Advice and Consent: A Constitutional Dance of Power

Imagine a world where every decision is made by one person or group, with no checks or balances. Would that be fair? This is the essence of what ‘advice and consent’ aims to prevent in our democratic systems.

The Legislative Dance: A Weak Executive

In some countries, like the United Kingdom, the phrase ‘by and with the advice and consent of the Lords Spiritual and Temporal, and Commons’ is used. This means that even when a bill comes from the executive branch, it still needs approval from the legislative body. It’s as if the dance partner must agree before any steps can be taken.

The Executive Dance: A Strong Legislative

On the flip side, in systems where the executive is strong, like Singapore, the President acts on advice given by the Cabinet. Here, it’s more like the legislative branch is leading the dance, with the executive following its lead. This ensures that no single person or group can make decisions without consultation.

The Senate’s Role: A Constitutional Tango

In the United States, the term ‘advice and consent’ plays a crucial role in the Senate. It’s used for treaties and nominations to federal offices. The Constitution grants this power twice—two-thirds of Senators must concur on treaties, while a majority is needed for appointments.

A Compromise at the Constitutional Convention

The concept was born out of a compromise during the Constitutional Convention. Some wanted a strong executive, while others preferred to strengthen Congress. This dance between branches ensures that no single branch can dominate without the input and agreement of another.

Historical Examples: The Dance Continues

Mitch McConnell’s statement about Antonin Scalia’s replacement is a perfect example. He said the Senate would refuse confirmation until after the 2016 election, showing how this dance can be used strategically. However, in April 2017, the Republican Party exercised the nuclear option to confirm Neil Gorsuch despite potential Democratic opposition.

These examples illustrate that while ‘advice and consent’ is a constitutional requirement, its application can vary widely depending on political circumstances and party dynamics.

Advice and consent is not just a legal phrase; it’s a metaphor for the delicate balance of power in our democratic systems. It ensures that no single branch can dominate, maintaining the integrity and fairness of our governance.

In essence, advice and consent is about ensuring that every decision is made with input from multiple perspectives, making sure that no one has too much power. This dance between branches keeps our democracy vibrant and resilient.