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Topic: Advice and consent


  
  Device Advice - Informed Consent
Informed Consent is a written notification to human subjects involved in clinical investigations that provides them with sufficient opportunity to consider whether or not to participate in the study.
No informed consent, whether oral or written, may include any exculpatory language through which the subject or the representative is made to waive or appear to waive any of the subject's legal rights, or releases or appears to release the investigator, the sponsor, the institution, or its agents from liability for negligence.
These procedures and the informed consent document are to be used with subjects or their legally authorized representatives in situations where use of such procedures and documents is feasible.
www.fda.gov /cdrh/devadvice/ide/informed_consent.shtml   (1866 words)

  
  Advice and consent - Wikipedia, the free encyclopedia
"Advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors.
The term "advise and consent" first appears in the United States Constitution in Article II, Section 2.2 referring to the Senate's role in the signing and ratification of treaties in the United States.
A majority of Senators are needed to pass a motion "to advice and consent," but a minority of Senators supporting a fillibuster can block the passage of the motion, and thus block a treaty or an appointment.
en.wikipedia.org /wiki/Advice_and_Consent   (384 words)

  
 Advice And Consent
The president appoints judges with the advice and consent of the Congress.
The Chief Justice of the Supreme Court is appointed by the President, with the advice and consent of the legislature.
I shall submit this convention forthwith to the Senate for its advice and consent as to the ratification.
www.websters-online-dictionary.org /definition/english/ad/advice+and+consent.html   (427 words)

  
 [No title]
To begin, it seems likely that the term "advice" has some meaning distinct from that of "consent." The two terms are not normally synonyms, and if all that the Framers meant by "advice and consent" was "consent" it would have been easy enough to have used that word in place of the phrase they chose.
Whatever the term "advice" means, it does not mean "senatorial courtesy": traditionally, Presidents have paid a good deal of attention to the opinions of Senators of their own party on the question of judicial appointments, [FN6] but that cannot be what the appointments clause envisions.
Advice is not binding, and a role for the Senate that prevented a President from choosing the nominee of her choice would be inconsistent with the plain text of the Constitution.
instapundit.com /lawrev/socalconf.html   (2383 words)

  
 Advice and Consent: What the Constitution Says
This clause contemplates three sequential acts for the appointment of principal officers—the nomination of the President, the advice and consent of the Senate, and the Appointment of the Official by the President.
Only the latter act is qualified by the phrase “advice and consent.” Furthermore, it is not at all anomalous to use the word advice with respect to the action of the Senate in confirming an appointment.
It is thus reasonable to infer that the Framers located the process of advice and consent in the Senate as a check to prevent the President from appointing people who have unsound principles as well as blemished characters.
www.heritage.org /Research/AmericanFoundingandHistory/wm800.cfm   (1958 words)

  
 The Volokh Conspiracy - Advice, Consent, and Statutory Qualifications:
That clause states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint" officers.
The second problem is that viewing statutory qualifications as a form of consent (or advice, for that matter) under the Advice and Consent power conflates two distinct entities: Congress and the Senate.
But if the Senate wanted to exercise its advice and consent power through a standing Senate Rule (eg, providing that a point of order could be raised against a judicial nominee who is not a lawyer), I don't know why it could not do so.
volokh.com /posts/1194349922.shtml   (1543 words)

  
 Two Little Words - Hey, boys and girls, let's play "strict construction" with the words "advice" and "consent."  By ...
Every word, that is, except two: "advice" and "consent." The plain meaning of these words is not hard to fathom, nor is their authors' intent.
Senatorial "advice and consent" on the president's judicial nominations was a compromise between those who thought the president should appoint judges and those who thought Congress should do it.
If "advice and consent" is entitled to anything close to its plain, original meaning, the Senate is perfectly entitled to scrutinize nominees' judicial philosophies and to reject some on that basis.
www.slate.com /default.aspx?id=111164   (1029 words)

  
 Advice Rejoins Consent   (Site not responding. Last check: )
Most of my patients seem to think "informed consent" is a sham, either asking them to ratify decisions that have already been made or to make decisions they are not equipped to make.
Informed consent, as it is practiced today, is very different from the way ethicists envisioned it.
My friend told me that when he asked the doctors about chemotherapy, they gave him numbers and statistics but assiduously avoided giving advice, which was what he really needed.
www.vaccinationnews.com /dailynews/July2002/AdviceRejoinsConsent2.htm   (772 words)

  
 Advice and consent - Scarpsdale - EastValleyTribune.com
The consent agenda is where several items (sometimes they number in the dozens) that council members have no questions about or members of the public wish to be heard on, are voted on in one motion.
A council member may “pull” an item off of the consent agenda from the dais during the meeting if he or she believes it indeed does merit some discussion or information to be provided.
If it truly was a consent item and she asked for it to be removed, she would have added only about 15 or 20 seconds to the evening to explain why she was voting, not “against a small business” but actually for that small business, since she joined the unanimous council in supporting its license renewal.
scarpsdale.freedomblogging.com /2008/05/09/advice-and-consent   (679 words)

  
 WeddingsAtWork.com - Parental Consent vs. Parental Advice
It states that in case either or both of the contracting parties are between the ages of eighteen and twenty-one, they shall exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.
The parental consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.
As a result, a petition for the annulment of the marriage may be filed by the parents, guardian or person having substitute parental authority over the party seeking the annulment, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife.
www.weddingsatwork.com /laws_parental.shtml   (490 words)

  
 Consent : Department of Health - Public health
The 2000 NHS Plan pledges that proper consent must be sought from all NHS patients and research subjects.
The Department of Health will amend its consent guidance and the model policy and consent forms to reflect the provisions of the MCA and details of these amendments will be available on this page.
The NHS Plan promised a review of consent procedures to ensure that good practice in seeking consent for both treatment and research is in place throughout the NHS.
www.dh.gov.uk /PolicyAndGuidance/HealthAndSocialCareTopics/Consent/fs/en   (391 words)

  
 Pacific Affairs: Advice & Consent: The Politics of Consultation in Japan   (Site not responding. Last check: )
Advice and Consent is compact and sensibly organized, proceeding from the general to the specific.
Advice and Consent is well supported by references to the most useful Japanese and English-language literature and by over one hundred personal interviews conducted by the author in Japan during 1987 and 1988.
Advice and Consent will remain the reference on shingikai for years to come, and represents welcome progress toward achieving Richard Samuels' admonition to "illuminate equally theory and Japan."
newssearch.looksmart.com /p/articles/mi_qa3680/is_200101/ai_n8935793   (578 words)

  
 Appointment of a Senate-Confirmed Nominee
Even after the Senate's advice and consent, up to the moment that the President signs the commission, he can grant or withhold an appointment in accordance with his will and judgment.
After the Senate has consented to the appointment, the nominee is not entitled to the office until the consent is followed by the executive appointment.
In 1895, the Acting Attorney General concluded that a Senator's appointment to an executive office was barred by the clause of the Constitution forbidding appointment of a member of Congress to a position for which the salary was increased during that member's elected term.
www.usdoj.gov /olc/marbury_ltr.htm   (1105 words)

  
 Advice and Consent
Appointments to all positions in the National Government which require the advice and consent of the Congress shall be made in the following manner:
(1) If the nomination is made during a session of Congress, the President shall submit the nomination to the Speaker of the Congress, and advice and consent to the nomination shall be provided by a resolution of the Congress.
No nominee for an appointive position in the National Government may enter upon or in any manner undertake to perform the duties and responsibilities of such position prior to confirmation in the form of advice and consent by the Congress.
www.fsmlaw.org /fsm/code/title03/T03_Ch05.htm   (246 words)

  
 SSRN-Advice and Consent: An Alternative Mechanism for Shareholder Participation in the Nomination and Election of ...
The "advice and consent" procedure defined by Article II Section 2 of the United States Constitution provides a model of functional specialization within the structure of a representative democracy.
The proposed advice and consent mechanism can thereby create significant incentives for boards and shareholders to reach a compromise regarding acceptable board structures and candidates.
An advice and consent mechanism seeks to promote cooperation between shareholders and incumbent boards rather than to provoke confrontation.
papers.ssrn.com /sol3/papers.cfm?abstract_id=481021   (610 words)

  
 The Yellow Line: Advice and Consent   (Site not responding. Last check: )
During this early stage of the vetting process, the WH seems to be working with Senators from both parties to ensure that there is a flow of information that can help prevent a return of the nuclear option over whomever is the nominee to fill the Supreme Court vacancy.
Advise and Consent is the mandate given to the Congress by the Constitution.
In which case, it is nothing less than the President's sworn duty to seek the advice of the Senate -- whether he elects to take any particular bit of advice or not.
theyellowline.blogspot.com /2005/07/advice-and-consent.html   (752 words)

  
 Powell's Books - Advice and Consent: The Politics of Judicial Appointments by Lee Epstein
Advice and Consent: The Politics of Judicial Appointments
In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees.
The authors conclude with possible reforms, from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement.
www.powells.com /cgi-bin/partner?partner_id=25631&cgi=product&isbn=0195300211   (314 words)

  
 'Advice and consent' - The Washington Times: Commentary - April 03, 2005   (Site not responding. Last check: )
On the surface, the debate is about "majority rule," the meaning of the Constitution's provisions regarding the "advice and consent" of the Senate, and partisanship: Republicans and Democrats pointing fingers at one another and arguing politics is displacing principle.
The job of confirming presidential nominations to the executive branch and the courts was assigned to the Senate for a reason.
It was for this reason the Senate was delegated the responsibility of offering "advice and consent" on presidential nominations and for ratifying treaties negotiated by the president.
www.washtimes.com /commentary/20050402-111009-7002r.htm   (853 words)

  
 The Senate Action on Willam Lucas: Stretching the Bounds of Advice and Consent
This much is clear: the Senate's constitutional duty of "advice and consent" is not the power to decide.
Consent means more than advice, but it does -not mean primary decision-making power.
Unrestrained inquisition, however, threatens to transform the confirmation process from one of advice and consent to a criminal show-trial of executive nominees who are deemed guilty until proved innocent.
www.heritage.org /Research/GovernmentReform/EM246.cfm   (1012 words)

  
 The DDU advice centre: Consent to treatment   (Site not responding. Last check: )
This area of the site contains comprehensive and up to date information about consent and includes guidance on specific issues such as treating children and adults who may lack the capacity to consent.
Consent — Children and adults without capacity — a dento—legal briefing
Our team of advisers are here to provide members with specialist dento-legal and ethical advice and assistance 24 hours a day, 7 days a week, 365 days a year.
www.the-ddu.com /dentist/advice/consent_to_treatment/index.asp   (159 words)

  
 The Avalon Project : A Decade of American Foreign Policy
Such representative shall represent the United States in the Security Council of the United Nations and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may from time to time direct.
(b) The President, by and with the advice and consent of the Senate, shall appoint a deputy representative of the United States to the Security Council who shall have the rank and status of envoy extraordinary and minister plenipotentiary, shall receive annual compensation of $12,000, and shall hold office at the pleasure of the President.
Such deputy representative shall represent the United States in the Security Council of the United Nations in the event of the absence or disability of the representative.
www.yale.edu /lawweb/avalon/decade/decad031.htm   (381 words)

  
 Two Little Words - By Michael Kinsley - Slate Magazine
Every word, that is, except two: "advice" and "consent." The plain meaning of these words is not hard to fathom, nor is their authors' intent.
Senatorial "advice and consent" on the president's judicial nominations was a compromise between those who thought the president should appoint judges and those who thought Congress should do it.
If "advice and consent" is entitled to anything close to its plain, original meaning, the Senate is perfectly entitled to scrutinize nominees' judicial philosophies and to reject some on that basis.
slate.msn.com /id/111164   (1093 words)

  
 SmallGovTimes.com :: Advice and Consent
He [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.
He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court...
The Article refers to the "Advice and Consent" of the Senate, and it seems to me that understanding what the latter of those two words means is of utmost importance here.
www.smallgovtimes.com /story/05jan09.advice.consent   (1277 words)

  
 FindLaw: U.S. Constitution: Article II: Annotations pg. 13 of 18
Under the terms thereof the President, by and with the advice and consent of the Senate, appoints ambassadors, ministers, foreign service officers, and consuls, but in practice the vast proportion of the selections are made in conformance to recommendations of a Board of the Foreign Service.
Blount, who was appointed while the Senate was in session but without its advice and consent, was given ''paramount authority'' over the American resident minister at Hawaii and was further empowered to employ the military and naval forces of the United States, if necessary to protect Amer ican lives and interests.
These military judges, however, were already commissioned officers who had been appointed by the President with the advice and consent of the Senate, so that their designation simply and permissibly was an assignment to them of additional duties that did not need a second formal appointment.
caselaw.lp.findlaw.com /data/constitution/article02/13.html   (4908 words)

  
 HUMAN EVENTS ONLINE - Conservative News, Views & Books --
The Constitution nowhere “dictates that federal judges be nominated by the President with the advice and consent of the Senate,” as Senator Schumer contends.
It has long been recognized and understood that the Senate’s “Advice and Consent” role is limited to the appointment, and not the nomination, of judges: the Constitution explicitly states that “[t]he President.
Judges.” Much is made of the word “Advice,” but the Advice and Consent Clause establishes only that the Senate’s approval is necessary, but not sufficient, for the President to appoint an individual – just as the Senate’s approval is necessary, but not sufficient, for the President to ratify a treaty.
www.humaneventsonline.com /article.php?id=7897   (1164 words)

  
 ADVICE AND CONSENT, PRESIDENTIAL PARDONS
Senators are aware that they can ignore their constituency and STATE for four years, as long as they devote the last two years to remaking their public image for the next election.
The loss of STATE sovereignty is very apparent during the "advice and consent" activity of the Senate.
In other words, the Senate was not performing an "advice and consent" function...
www.laughtergenealogy.com /bin/history/pardons.html   (1784 words)

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