John Jay
John Jay believed treaties should be made with the advice and consent of the Senate, as the Constitution assigned this power to the President and the Senate. He argued that this ensures the power is exercised by qualified men in a manner conducive to the public good.
- 1788-03-07 “It surely does not follow, that because they have given the power of making laws to the legislature, that therefore they should likewise give them the power to do every other act of sovereignty by which the citizens are to be bound and affected.”
- 1788-03-07 “The power of making treaties is an important one, especially as it relates to war, peace, and commerce; and it should not be delegated but in such a mode, and with such precautions, as will afford the highest security that it will be exercised by men the best qualified for the purpose, and in the manner most conducive to the public good.”
- 1795-07-28 “It has assigned to the president the power of making treaties, with the advice and consent of the senate. It was doubtless supposed that these two branches of government would combine without passion, and with the best means of information, those facts and principles upon which the success of our foreign relations will always depend” OCR text
OCR: 2 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.
The full record: ledger, contrary evidence, reasoning, sources
OCR: 2 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.
1. WHAT HE SAID (the record)
Record ledger
- BELIEF (1788-03-07): John Jay argued that treaties should be made by a distinct body from the legislature, the executive, or the judicial, and that the Senate should share the power because it is proper to commit such power to a body separate from the legislature. He reasoned that constitutional acts of power, whether in the executive or judicial department, have the same legal validity as legislative acts. (key quote above)
- BELIEF (1788-03-07): John Jay believed that treaties should be made with the Senate's involvement because it ensures the power is exercised by qualified men in a manner conducive to the public good. He argued that the Constitution's design, with the President chosen by electors and the Senate appointed by state legislatures, provides better security than direct popular elections. (key quote above)
- ACTION (1794-05-06): John Jay was appointed as Envoy Extraordinary to the Court of London on May 6, 1794, and was instructed that any treaty must be ratified by the President of the United States by and with the advice and consent of the Senate, showing that the Senate was to share the power of treaty ratification to ensure its acceptability and legitimacy. "This treaty shall be obligatory and conclusive, when the same shall be ratified by his Britannic Majesty of the one part, and by the President of the United States, by and with the advice and consent of the Senate, of the other."
- BELIEF (1795-07-28): John Jay believed that the treaty-making power was vested exclusively in the president and Senate, and that the assent of the House of Representatives was not necessary to the validity of a treaty. He argued that foreign nations had been informed and believed that treaties made by the president with the advice and consent of two-thirds of the Senate were obligatory on the nation, and that this had been the understanding of the Convention which formed the constitution and of the State Conventions which adopted it.
- BELIEF (1795-07-28): John Jay believed that treaties should be made with the advice and consent of the Senate, because the Constitution assigned this power to the President and the Senate, and he thought they should combine without passion and with the best means of information to determine the success of foreign relations. (key quote above)
What cuts against it
- Nothing in the retrieved passages cuts against the answer beyond the ledger entries above.
2. HOW IT APPLIES (reasoning; inference is marked)
1. John Jay believed that treaties should be made by a distinct body from the legislature, the executive, or the judicial.
2. He argued that the Senate should share the power because it is proper to commit such power to a body separate from the legislature.
3. John Jay believed that treaties should be made with the Senate's involvement because it ensures the power is exercised by qualified men in a manner conducive to the public good.
4. He argued that the Constitution's design, with the President chosen by electors and the Senate appointed by state legislatures, provides better security than direct popular elections.
5. John Jay believed that treaties should be made with the advice and consent of the Senate, because the Constitution assigned this power to the President and the Senate, and he thought they should combine without passion and with the best means of information to determine the success of foreign relations.
3. HIS TAKE
Record coverage: DIRECT
John Jay addressed the question directly by arguing that treaties should be made with the advice and consent of the Senate. He believed that the Constitution assigned this power to the President and the Senate, and that they should combine without passion and with the best means of information to determine the success of foreign relations.
Extrapolation: John Jay believed that the Senate should share the power of treaty-making because it ensures the power is exercised by qualified men in a manner conducive to the public good. He argued that the Constitution's design, with the President chosen by electors and the Senate appointed by state legislatures, provides better security than direct popular elections.
Competing readings: There is no competing reading in the record that contradicts John Jay's stated belief.
Confidence: High, as the record directly supports his position and provides clear reasoning for his belief.
- The Federalist No. 64: The Powers of the Senate From the New York Packet. Friday, March 7, 1788. (Avalon Project, Lillian Goldman Law Library, Yale Law School (text of the 1787-88 newspape). Document: The Federalist No. 64: The Powers of the Senate From the New York Packet. Friday, March 7, 1788.. Date: 1788-03-07. Source type: old edited collection. Passage id: jay/federalist-64/0000.04. Variants: jay/johnston-the-correspondence-and-public-papers-of-john-vol-3-1782-1793/0172.04
- The Federalist No. 64: The Powers of the Senate From the New York Packet. Friday, March 7, 1788. (Avalon Project, Lillian Goldman Law Library, Yale Law School (text of the 1787-88 newspape). Document: The Federalist No. 64: The Powers of the Senate From the New York Packet. Friday, March 7, 1788.. Date: 1788-03-07. Source type: old edited collection. Passage id: jay/federalist-64/0000.00. Variants: jay/johnston-the-correspondence-and-public-papers-of-john-vol-3-1782-1793/0172.00
- The Correspondence and Public Papers of John Jay, 4 vols.: The Correspondence and Public Papers of John Jay, vol. 4 (1794-1826) (Henry P. Johnston (editor)), p. 18. Document: INSTRUCTIONS TO JAY AS ENVOY EXTRAORDINARY.. Date: 1794-05-06. Source type: old edited collection. Passage id: jay/johnston-the-correspondence-and-public-papers-of-john-vol-4-1794-1826/0010.06
- OCR textThe Life of John Jay, with Selections from his Correspondence, vol. 1 (William Jay, The Life of John Jay, 2 vols., J. & J. Harper, 1833). Document: 364 LIFE OF JOHN JAY. " TO THE SELECTMEN OF THE TOWN OF BOSTON.. Date: 1795-07-28. Source type: old edited collection (OCR text). Passage id: jay/lifeofjohnjaywit01jaywuoft/0076.03
- OCR textThe Life of John Jay, with Selections from his Correspondence, vol. 1 (William Jay, The Life of John Jay, 2 vols., J. & J. Harper, 1833). Document: 364 LIFE OF JOHN JAY. " TO THE SELECTMEN OF THE TOWN OF BOSTON.. Date: 1795-07-28. Source type: old edited collection (OCR text). Passage id: jay/lifeofjohnjaywit01jaywuoft/0076.00
Quote check: PASSED (4/4 quotations verified verbatim)