He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties
This is a serious issue, but I think Morris overstates this.
There is no way that a treaty could be found legally binding if it has not gone through the Senate.
Preventing it going through the Senate simply means that it has not met the 2/3rds requirement of Senate approval.
Preventing it going through the Senate simply means that it has not met the 2/3rds requirement of Senate approval.tx_eggman is right, xzins, you've got it wrong.
2/3 of Senators present can ratify a treaty.
For example...
@ PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION
S10667
The PRESIDING OFFICER. A division has been requested.
Senators in favor of the ratification of this treaty, please raise their hand. (After a pause.) Those opposed will raise their hands.
With two-thirds of the Senators present having voted in the affirmative, the resolution of ratification is agreed to.
Mr. THOMAS. I thank the Presiding Officer, the Senator from West Virginia, and the clerk.
By the way, just for information, these treaties were all approved by the Foreign Relations Committee on October 4 and 5.
2/3 of the Senate wasn't there. Those present voted for the ratification. The quorum call was rescinded with no objection. That's 34 treaties ratified with a hand count!
It doesn't matter if they aren't present when the vote comes up.
So we have the potential of all these "stand up guys" simply not showing up when it comes time to vote and they can then truthfully claim "I was against this treaty".
They need to formalize their intent to object.
Executive Calendar
When a notice of intent to object is given to the appropriate leader, or their designee, and such notice is submitted for inclusion in the Congressional Record and the Senate Executive Calendar, or following the objection to a unanimous consent to proceeding to, and, or disposition of, matters relating to nominations and treaties on their behalf, it shall be placed in the section of the Senate Executive Calendar entitled Notice of Intent to Object . (S. Res. 28, 112th Congress) Don't forget the importance of this either...
When a notice of intent to object is given to the appropriate leader, or their designee, and such notice is submitted for inclusion in the Congressional Record and the Senate Executive Calendar...
It could be ratified due to one person simply not doing their job properly.
Senate Consideration of Treaties September 15, 2009
Under Article II, Section 2 of the Constitution, the final vote on agreeing to the resolution of ratification, with whatever reservations or other propositions may have been attached to it, requires a vote of two-thirds of the Senators present and voting (a quorum being present). A two-thirds vote also is required to agree to a motion to postpone indefinitely further consideration of the treaty and accompanying resolution, because adopting that motion has the effect of disposing of the treaty permanently.
@ quorum
The number of senators that must be present for the Senate to do business. The Constitution requires a majority of senators (51) for a quorum. Often, fewer senators are actually present on the floor, but the Senate presumes that a quorum is present unless the contrary is shown by a roll call vote or quorum call.