Supreme Choice Process & Politics of Presidential Nominations to the Supreme Court.
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Supreme ChoiceSupreme Choice
Process & Process & Politics of Politics of
PresidentialPresidential
Nominations Nominations
to the to the
Supreme CourtSupreme Court
Political Cartoon APolitical Cartoon ATitle: The Supreme Court Location
Mike Keefe, The Denver Post, Oct. 6, 2004http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon BPolitical Cartoon BTitle: Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10, 2004http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon CPolitical Cartoon CTitle: Supreme Court - 31 Flavors
Robert Ariail, The State, Aug. 10, 2005http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon DPolitical Cartoon DTitle: The Confirmation Process
Mike Thompson, The Detroit Free Press, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon EPolitical Cartoon ETitle: Go My Pretties!
Henry Payne, The Detroit News, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/
Political Cartoon FPolitical Cartoon FTitle: Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005http://cagle.slate.msn.com/politicalcartoons/
Factors That Influence Factors That Influence Supreme Court NominationsSupreme Court NominationsFactors That Influence Factors That Influence Supreme Court NominationsSupreme Court Nominations
Factors That Influence Factors That Influence Supreme Court Supreme Court NominationsNominations
Party affiliation (80% Party affiliation (80% or higher)or higher)
Judicial PhilosophyJudicial Philosophy ““Litmus Test” - where Litmus Test” - where
nominees stand on nominees stand on controversial issues controversial issues like abortionlike abortion
Background of Background of nominee (education, nominee (education, experience, race, experience, race, gender, ethnicity, etc.)gender, ethnicity, etc.)
Cultivating political Cultivating political supportsupport
Political favorsPolitical favors Interest group inputInterest group input American Bar American Bar
Association Association certificationcertification
Securing a “safe” Securing a “safe” nomineenominee
The U.S. Constitution The U.S. Constitution and the Appointment of Supreme and the Appointment of Supreme
Court JusticesCourt Justices
Article II, Section 2 describes the appointment powers of the President:
“He shall have Power, by and with the Advice and Consent of the Senate …
to… nominate Judges of the Supreme Court….”
The U.S. Constitution The U.S. Constitution and the Supreme Courtand the Supreme Court
Article III describes the judicial power of the Supreme Court:
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”
The Constitution & the Supreme The Constitution & the Supreme Court:Court:
Questions for DiscussionQuestions for Discussion
The Constitution & the Supreme The Constitution & the Supreme Court:Court:
Questions for DiscussionQuestions for Discussion1. Identify the constitutional requirements for
appointing Supreme Court Justices.
2. Discuss the purpose and significance of federal judges servings life terms.
3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?
1. Identify the constitutional requirements for appointing Supreme Court Justices.
2. Discuss the purpose and significance of federal judges servings life terms.
3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?
U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessStage 1: Presidential
Nomination
Stage 2: Senate Judiciary Committee Hearing
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Stage 3: Full Senate Vote
WHITE HOUSEREVIEW
Certification
MEDIAInfluence
FBIInvestigation
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INTERESTGROUPInfluence
Stage 4: Oath of Office?
U.S. Supreme Court Confirmation Process
1. White House staff reviews candidates and submits a short list to the president
2. FBI background investigation
3. Candidates submit financial disclosure forms
4. ABA grades candidates
5. Interest groups weigh in on candidates
6. President selects nominee
Stage 1 Presidential Nomination
U.S. Supreme Court Confirmation Process
1. Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation)
2. Interest groups may conduct campaigns for or against nominee (including TV ads)
3. Intense media attention to Senate hearings
4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc.
5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate
Stage 2 Senate Judiciary Committee Hearings
U.S. Supreme Court Confirmation Process
1. Floor debate on nominee
2. Confirmation vote by full Senate
Stage 3 Full Senate Vote
U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation Process
1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice
2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated
1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice
2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated
Stage 4Oath of Office
independentjudiciary
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