A Note on Treaty Ratification

Carl Marcy

American Political Science Review, 1953, vol. 47, issue 4, 1130-1133

Abstract: On June 13, 1952, with two senators on the floor, the Senate of the United States gave its advice and consent to the ratification of three treaties which thereby became a part of the supreme law of the land. One of the senators did not vote. The other voiced his “aye” while serving as presiding officer.The conventions approved by the voice vote of one senator were the Consular Convention with Ireland; a Protocol Supplementary to the said Convention; and the Consular Convention with the United Kingdom.Article II, Section 2 of the United States Constitution provides that the President shall have power “to make Treaties, provided two-thirds of the Senators present concur….” Even though, under Article I, Section 5, Clause 2, “Each House may determine the Rules of its Proceedings, …” how, as a matter of law, was it possible for the Senate, with but two senators on the floor, one of whom did not vote and the other of whom was in the chair, to give its advice and consent to a treaty? And as a matter of policy was the Senate in this case properly discharging its responsibilities?

Date: 1953
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