The Constitution And What It Means Today

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Although Congress may not interfere with the President's exercise of the pardoning power, it may 52 The Constitution itself, under the "necessary and proper" clause, enact amnesty laws remitting penalties incurred under the national statutes. [Par. 2, CI. I. ] He shall have power, by and with the advice and consent of the Sen- ate, to make treaties, provided two-thirds of the Senators present concur; It is usual to regard the process of treaty-making as falling into two parts, negotiation and r...atifica- tion, and to assign the former to the President ex- clusively and the latter exclusively to the Senate. In fact, however, it will be observed, the Constitu- tion makes no such division of the subject, but the President and the Senate are associated throughout the entire process of "making" treaties. Origin- ally, accordingly, Washington tried to take coun- sel with the Senate even regarding the negotiation of treaties, but he early abandoned this method of procedure as unsatisfactory. In 1816, the Sen- ate created the Committee on Foreign Relations as a standing committee, and through this me- dium most Presidents have kept rather closely in touch with Senatorial sentiment regarding pending negotiations.

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