rs,
and Judges of the Supreme Court."[143] Not until September 7, ten days
before the Convention's final adjournment, was the President made a
participant in these powers.[144] The constitutional clause evidently
assumes that the President and Senate will be associated throughout the
entire process of making a treaty, although Jay, writing in The
Federalist, foresaw that the initiative must often be seized by the
President without benefit of Senatorial counsel.[145] Yet so late as
1818 Rufus King, Senator from New York, who had been a member of the
Convention, declared on the floor of the Senate: "In these concerns the
Senate are the Constitutional and the only responsible counsellors of
the President. And in this capacity the Senate may, and ought to, look
into and watch over every branch of the foreign affairs of the nation;
they may, therefore, at any time call for full and exact information
respecting the foreign affairs, and express their opinion and advice to
the President respecting the same, when, and under whatever other
circumstances, they may think such advice expedient."[146]

NEGOTIATION A PRESIDENTIAL MONOPOLY

Actually, the negotiation of treaties had long since been taken over by
the President; the Senate's role in relation to treaties is today
essentially legislative in character.[147] "He alone negotiates. Into
the field of negotiation, the Senate cannot intrude; and Congress itself
is powerless to invade it," declared Justice Sutherland for the Court
in 1936.[148] The Senate must, moreover, content itself with such
information as the President chooses to furnish it.[149] In performing
the function that remains to it, however, it has several options. It may
consent unconditionally to a proposed treaty, or it may refuse its
consent, or it may stipulate conditions in the form of amendments to the
treaty or of reservations to the act of ratification, the difference
between the two being that, whereas amendments, if accepted by the
President and the other party or parties to the Treaty,[150] change it
for all parties, reservations limit only the obligations of the United
States thereunder. The act of ratification for the United States is the
President's act, but may not be forthcoming unless the Senate has
consented to it by the required two-thirds of the Senators present,
which signifies two-thirds of a quorum, otherwise the consent rendered
would not be that of the Senate as organized under the Consti