Fwd: New Common Sense: Whatever Happened to "Advice and Consent"?

New Common Sense Applying First Principles to the Issues of Today At Heritage Mark your calendars: Constitution Day is September 17, 2010—less than a month away! Last year, Heritage hosted Charles Kesler's talk "Picture of Silver, Apple of Gold: Withstanding the Assault on America's Constitutional Principles." This year, join Heritage at the Values Voters Summit, where the Constitution is our theme! Also, don't forget to watch for the latest Heritage products on the Constitution. Around the Country Or, celebrate the Constitution with some of our friends: Georgetown University's Tocqueville Forum on the Roots of American Democracy will host a Constitution Day Roundtable on "Constitutional Morality?". Hillsdale College hosts its First Annual Constitution Day Colloquium, September 16-17, 2010, with a webcast of panels, debates, and special speakers.  Tell us about Constitution Day events near you! Quick Thoughts Has American politics changed in the last 40 years?  Will the mosque in Manhattan follow the example of the convent at Auschwitz? What We're Reading: Grand Strategies: Literature, Statecraft, and World Order by Charles Hill.   Whatever Happened to "Advice and Consent"? The Senate floor may be empty, but debate over the New START Treaty continues. Dismissing calls for debate as petty partisanship, many on the left urge a quick vote on the treaty. In doing so, the treaty's proponents fail to appreciate the Senate's constitutional role in the treaty-making process. In Article II, Section 2, the Constitution grants the President the "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." James Wilson explains, "Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people." In Federalist 64, John Jay praises the treaty-making process that relies on both the President and the Senate: "We have reason to be persuaded that the treaties they make will be as advantageous as, all circumstances considered, could be made." Thus, both the executive and legislature are essential to making treaties "law of the land." But what does "Advice and Consent" mean in practice? One of America's earliest treaties, the Jay Treaty (negotiated by Jay himself), provides a great model for Senators today. In 1794, a war raged between Great Britain and France, and the British violated American neutrality by capturing U.S. commercial ships. The hotly debated Jay Treaty of 1794 averted a potential war with Great Britain and encouraged commercial relations between the two countries. Upon receiving the Jay Treaty, Washington duly presented it to the Senate for advice and consent. He did not assume senators would simply rubber-stamp the measure. The Senate, in turn, did not shirk its constitutional responsibility—after much deliberation, the treaty barely passed with a vote of 20 to 10. Interestingly, Washington provided the Senate with the entire negotiating record—but he later denied the same request from House of Representatives—thereby recognizing the Senate's unique constitutional role in the treaty process. As Marion Smith highlights in his paper "Remember the Jay Treaty: START Behaving Like Senators," the Senate has a serious role in the treaty-making process. Throughout history, treaties have been made, considered, ratified, and yes—some have been rejected. Today's Senate should take a cue from the Jay Treaty. New START contains a number of ambiguities and clauses that could potentially compromise our missile defense system and therefore our national security. As such, senators must not hastily rubber-stamp the document. Rather, they should deliberate upon the treaty and refuse consent until they can be wholeheartedly confident of its worthiness to become "supreme law of the land." Keep reading about treaties and the Senate's role                        Forward this message to a Friend!   Quote of the Week                            Against the insidious wiles of foreign influence, (I conjure you to believe me fellow citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of Republican Government. ~ George Washington, Farewell Address For more quotes, visit westillholdthesetruths.org About The Heritage Foundation Founded in 1973, The Heritage Foundation is a research and educational institute -- a think tank -- whose mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. The Heritage Foundation | 214 Massachusetts Ave NE, Washington, DC 20002 | 202.546.4400