Senate Executive Business and the Executive Calendar

Publication Date: February 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

In Article II of the Constitution, which addresses the executive branch, the Founding Fathers assigned certain duties exclusively to the Senate. Among these obligations is providing “advice and consent” to treaties and nominations. As the pertinent part of Article II states: [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint [high government officials.]

In effect, the Senate acts in a unicameral capacity when it is engaged in “executive business” — so-called because the Senate and the chief executive are constitutionally involved in considering treaties and nominations.

The Senate has responsibilities under both Article I (outlining legislative prerogatives) and Article II of the Constitution. As a result, the upper body handles legislative and executive business differently. Legislative business concerns measures and matters associated with the Senate's lawmaking responsibilities under Article I; executive business, as mentioned, consists of treaties and nominations. Some of the difference between the two types can be illustrated by defining executive calendar, executive journal, and executive session and then by discussing how treaties and nominations are handled by the Senate.