Separation of Powers and Checks and Balances The Appointment of Judge John Roberts to the U.S. Supreme Court.

Separation of Powers Separation of Powers and Checks and and Checks and

BalancesBalancesThe Appointment of Judge The Appointment of Judge John Roberts to the U.S. John Roberts to the U.S.

Supreme Court.Supreme Court.

Separation of PowerSeparation of PowerExecutive Branch enforces lawExecutive Branch enforces law

Legislative Branch make lawLegislative Branch make law

Judicial Branch interprets the lawJudicial Branch interprets the law

Checks and BalancesChecks and Balances

The President appoints Justices to the The President appoints Justices to the Supreme Court.Supreme Court.

The U.S. Senate must approve the The U.S. Senate must approve the appointment ---they might not.appointment ---they might not.

Checks and Balances, Checks and Balances, Separation of Powers in PracticeSeparation of Powers in Practice

The President appoints members of the The President appoints members of the Supreme Court.Supreme Court.

The Senate must give their “advice and The Senate must give their “advice and consent” to the Presidents appointment.consent” to the Presidents appointment.

Supreme Court Justices are appointed Supreme Court Justices are appointed for life and can determine the for life and can determine the Constitutionality of Presidential and Constitutionality of Presidential and Congressional actions (Judicial Review).Congressional actions (Judicial Review).

Some of the people involvedSome of the people involvedPresident George Bush, Sandra President George Bush, Sandra

Day O’Conner, John Roberts, Ted Day O’Conner, John Roberts, Ted Kennedy, Chuck ShumerKennedy, Chuck Shumer

Some more important people Some more important people involved: Senators Bill Frist, involved: Senators Bill Frist, Harry Reid, Arlen SpecterHarry Reid, Arlen Specter

Sandra Day O’ Conner retired Sandra Day O’ Conner retired from the Supreme Court this from the Supreme Court this

summer.summer. Supreme Court Justices are appointed by the Supreme Court Justices are appointed by the President with, according to the Constitution, President with, according to the Constitution, the advise and consent of the Senate.the advise and consent of the Senate.

Appointments to the Supreme Court are for life.Appointments to the Supreme Court are for life. Long after the President who appointed a Long after the President who appointed a

justice is gone, the justice will probably still be justice is gone, the justice will probably still be serving on the Supreme Courtserving on the Supreme Court

Judge Roberts is 50 years old---it can be Judge Roberts is 50 years old---it can be expected that he will be on the Supreme Court expected that he will be on the Supreme Court for 30 years—making important decisions that for 30 years—making important decisions that will affect your lives.will affect your lives.

Judge Roberts has been a judge on the Federal Judge Roberts has been a judge on the Federal Circuit Court of Appeals for the Federal Circuit Circuit Court of Appeals for the Federal Circuit for the past two years. He was approved by the for the past two years. He was approved by the U.S. Senate for this position. Some Democrats U.S. Senate for this position. Some Democrats voted against him two years ago.voted against him two years ago.

Chief Justice Rehnquist diesChief Justice Rehnquist diesChief Justice Rehnquist died two Chief Justice Rehnquist died two

weeks ago.weeks ago.President Bush has decided to President Bush has decided to

nominate Judge Roberts as Chief nominate Judge Roberts as Chief Justice.Justice.

President Bush will have to appoint President Bush will have to appoint another Justice to the Supreme Court another Justice to the Supreme Court in the coming weeks. This Justice will in the coming weeks. This Justice will have to go through the confirmation have to go through the confirmation process just like Judge Roberts.process just like Judge Roberts.

The role of the U.S. SenateThe role of the U.S. Senate There are 100 members in the U.S. Senate---There are 100 members in the U.S. Senate---

currently 55 of them are Republicans, 44 currently 55 of them are Republicans, 44 Democrats and 1 Independent.Democrats and 1 Independent.

An 18 member committee in the U.S. Senate An 18 member committee in the U.S. Senate will first hold hearings concerning Judge will first hold hearings concerning Judge Roberts nomination. These hearings will be Roberts nomination. These hearings will be public. We will watch some of it on public. We will watch some of it on television.television.

Eventually the Committee will vote and if a Eventually the Committee will vote and if a majority of the committee vote for Roberts majority of the committee vote for Roberts his nomination will then go to the entire his nomination will then go to the entire Senate for consideration. Republicans can be Senate for consideration. Republicans can be expected to vote for Roberts. Some expected to vote for Roberts. Some Democrats can be expected to vote against Democrats can be expected to vote against him.him.

QuizQuiz1.1. Who did George W. Bush nominate to the U.S. Who did George W. Bush nominate to the U.S.

Supreme Court this past July?Supreme Court this past July?

2.2. Before this person can become a member of Before this person can become a member of the Supreme Court what organization must the Supreme Court what organization must approve his appointment?approve his appointment?

3.3. List two U.S. Senators who will probably vote List two U.S. Senators who will probably vote against this appointment.against this appointment.

4.4. Who is the Majority leader of the U.S. Senate?Who is the Majority leader of the U.S. Senate?

5.5. Who is the Minority leader of the U.S. Senate?Who is the Minority leader of the U.S. Senate?

6.6. Who is Chairman of the Senate Judiciary Who is Chairman of the Senate Judiciary Committee?Committee?

Quiz ContinuedQuiz Continued

7. How many members are there on the 7. How many members are there on the Senate Judiciary Committee?Senate Judiciary Committee?

8. Who died on the Supreme Court 8. Who died on the Supreme Court opening up the position of Chief opening up the position of Chief Justice of the Supreme Court?Justice of the Supreme Court?

9. How many republicans are there 9. How many republicans are there currently in the U.S. Senate? currently in the U.S. Senate? Democrats?Democrats?

10. How old is the Supreme Court 10. How old is the Supreme Court nominee and why is that important?nominee and why is that important?

Role of the Senate ContinuedRole of the Senate Continued You would think that Roberts would be You would think that Roberts would be

approved easily since the Republicans approved easily since the Republicans hold a majority of the votes in the Senate.hold a majority of the votes in the Senate.

However, in the U.S. Senate the minority However, in the U.S. Senate the minority can stop a vote from taking place by can stop a vote from taking place by refusing to stop debate. As long as people refusing to stop debate. As long as people continue to talk about the nomination a continue to talk about the nomination a vote can not take place---this is called a vote can not take place---this is called a filibuster.filibuster.

A filibuster has never occurred over a A filibuster has never occurred over a Supreme Court nomination, but some Supreme Court nomination, but some Democrats have not ruled out its use this Democrats have not ruled out its use this time.time.

The Nuclear OptionThe Nuclear Option Republicans are very upset that Republicans are very upset that

Democrats may use the filibuster to stop Democrats may use the filibuster to stop the nomination of Judge Roberts or any the nomination of Judge Roberts or any other judge nominated by President Bush.other judge nominated by President Bush.

Some Republicans are considering Some Republicans are considering changing the rules about the filibuster:changing the rules about the filibuster:

currently it takes 60 votes to stop a currently it takes 60 votes to stop a filibuster (remember there are 55 filibuster (remember there are 55 republicans currently in the Senate)republicans currently in the Senate)

Republicans are considering changing the Republicans are considering changing the rule (Cloture Rule) to 51.rule (Cloture Rule) to 51.

This change has been nicknamed the This change has been nicknamed the “Nuclear Option”“Nuclear Option”

Why would some Democrats Why would some Democrats oppose Judge Roberts?oppose Judge Roberts?

Because George Bush nominated him.Because George Bush nominated him.They think Judge Roberts is too They think Judge Roberts is too

conservative.conservative.They think that with the addition of They think that with the addition of

Judge Roberts the Supreme Court will Judge Roberts the Supreme Court will become too conservative.become too conservative.

Many interest groups that usually Many interest groups that usually support Democrats are pressuring, or support Democrats are pressuring, or may pressure Democrat Senators to may pressure Democrat Senators to vote against Roberts. (NOW, ACLU, vote against Roberts. (NOW, ACLU, Gay and Lesbian Alliance, NAACP)Gay and Lesbian Alliance, NAACP)

What will happen at the Senate What will happen at the Senate Judiciary Hearings concerning Judiciary Hearings concerning

Roberts nomination?Roberts nomination? Roberts will be asked tough questions, concerning Roberts will be asked tough questions, concerning

his judicial philosophy especially by Democrats.his judicial philosophy especially by Democrats. Roberts will probably not answer some questions if Roberts will probably not answer some questions if

he thinks that one day he might have to decide on he thinks that one day he might have to decide on a case that the question concerns. (This will anger a case that the question concerns. (This will anger the Democrats asking the question)the Democrats asking the question)

Democrats will ask for papers from President Bush Democrats will ask for papers from President Bush that include memos written by Judge Roberts when that include memos written by Judge Roberts when he worked as a lawyer for President Reagan and he worked as a lawyer for President Reagan and when he worked as assistant Solicitor General.when he worked as assistant Solicitor General.

The Democrats will get some of the papers but The Democrats will get some of the papers but President Bush will not send all of them citing President Bush will not send all of them citing Executive Privilege. (This will anger the D’s)Executive Privilege. (This will anger the D’s)

The major issuesThe major issues Roe v. Wade---Roe v. Wade---In 1973 the Supreme Court In 1973 the Supreme Court

decided that neither the states nor the federal decided that neither the states nor the federal government could make a law that made government could make a law that made abortion illegal. (Divides pregnancy into thirds, abortion illegal. (Divides pregnancy into thirds, first, second, third trimester)first, second, third trimester)

The Court justified their decision by saying that The Court justified their decision by saying that the Constitution the Constitution implies implies that there is a “right to that there is a “right to privacy” and within that right to privacy is a privacy” and within that right to privacy is a woman’s right to choose an abortion.woman’s right to choose an abortion.

Liberals and Democrats are concerned that the Liberals and Democrats are concerned that the Supreme Court might overturn “Roe”—this would Supreme Court might overturn “Roe”—this would allow each state to determine if abortion was allow each state to determine if abortion was legal inside their state. (Ex. Utah illegal, legal inside their state. (Ex. Utah illegal, California legal)California legal)

Two Justices (Scalia, and Thomas) already seem to want to reverse “Roe” ---Would Justice John Roberts vote with them??? This is what many liberals and Democrats want to know.

Judicial Activism and Judicial Judicial Activism and Judicial RestraintRestraint

Judicial Activist believe in a living, changing Judicial Activist believe in a living, changing Constitution. They believe that Justices on the Constitution. They believe that Justices on the Supreme Court should interpret the Supreme Court should interpret the Constitution to fit changing times. For example: Constitution to fit changing times. For example: interpret the Constitution to say that there is a interpret the Constitution to say that there is a right to privacy---Most Democrats/Liberals right to privacy---Most Democrats/Liberals believe in this concept.believe in this concept.

Judicial Restraint—sometimes called Originalist Judicial Restraint—sometimes called Originalist ---believe that the Constitution means only ---believe that the Constitution means only what the Founding Fathers intended it to mean. what the Founding Fathers intended it to mean. They believe that if you want to change the They believe that if you want to change the meaning of the Constitution then you should meaning of the Constitution then you should add an amendment. For example: add an add an amendment. For example: add an amendment creating a right to privacy.amendment creating a right to privacy.

President Bush has said that he believes Judge President Bush has said that he believes Judge Roberts will practice Judicial Restraint. Roberts Roberts will practice Judicial Restraint. Roberts answers to the committee reinforce that.answers to the committee reinforce that.

Other important issues that Other important issues that Roberts will be asked about.Roberts will be asked about.

Gay rightsGay rightsAffirmative ActionAffirmative ActionStates RightsStates RightsEminent DomainEminent Domain

He will probably try to avoid He will probably try to avoid answering many of these questions. answering many of these questions.

Most nominees have not answered Most nominees have not answered these questions. (Ruth Bader Ginsberg these questions. (Ruth Bader Ginsberg example)example)

By the wayBy the wayFor those of you that think that Judge For those of you that think that Judge

Roberts wants this job on the Supreme Roberts wants this job on the Supreme Court because he will have it for life Court because he will have it for life and it will make him rich----look at this.and it will make him rich----look at this.

Before Judge Roberts became a judge Before Judge Roberts became a judge he was in a law firm arguing cases. His he was in a law firm arguing cases. His last paycheck from that law firm last paycheck from that law firm before becoming a judge was $1 before becoming a judge was $1 million dollars.million dollars.

He will make $185,000 as a Supreme He will make $185,000 as a Supreme Court Justice.Court Justice.

Quiz ContinuedQuiz Continued11. When the President refuses to give the 11. When the President refuses to give the

Senate documents he is using _______ ______Senate documents he is using _______ ______12. If you believe the Constitution is a living 12. If you believe the Constitution is a living

document that should change with the document that should change with the times and this change should be times and this change should be accomplished through the decisions made accomplished through the decisions made by the Supreme Court, you believe in by the Supreme Court, you believe in

__________ _____________________ ___________13. If you believe that the Supreme Court 13. If you believe that the Supreme Court

should not make law, and change to the should not make law, and change to the Constitution should be accomplished Constitution should be accomplished through Constitutional Amendments, you through Constitutional Amendments, you believe in ___________believe in ___________

__________________________

Quiz ContinuedQuiz Continued14. List three major issues that the nominee for 14. List three major issues that the nominee for

the Supreme Court will be questioned about.the Supreme Court will be questioned about.15. What Supreme Court case established a 15. What Supreme Court case established a

woman’s right to an abortion in 1973? Is this woman’s right to an abortion in 1973? Is this and example of judicial activism or judicial and example of judicial activism or judicial restraint?restraint?

16. List two of the three current justices of the 16. List two of the three current justices of the Supreme Court who may be leaning towards Supreme Court who may be leaning towards reversing the above 1973 decision.reversing the above 1973 decision.

17. For how long is a Supreme Court Justice 17. For how long is a Supreme Court Justice appointed?appointed?

18. Which political party currently has the most 18. Which political party currently has the most members in the U.S. Senate? How many?members in the U.S. Senate? How many?

19. What weapon may be used by the 19. What weapon may be used by the Democrats to stop the vote on the President’s Democrats to stop the vote on the President’s appointment to the Supreme Court?appointment to the Supreme Court?

Quiz ContinuedQuiz Continued20. Republicans are threatening the “-------20. Republicans are threatening the “------- --------” if Democrats use the filibuster.--------” if Democrats use the filibuster.21. The rule in the Senate that stops a 21. The rule in the Senate that stops a

filibuster is called the ______ Rule.filibuster is called the ______ Rule.22. Many liberal groups are concerned that 22. Many liberal groups are concerned that

the Presidents appointment to the the Presidents appointment to the Supreme Court is too ____________Supreme Court is too ____________

23. The Presidents appointment to the 23. The Presidents appointment to the Supreme Court has occurred because Supreme Court has occurred because --------------- has retired.--------------- has retired.

24. What do you call the Supreme Courts 24. What do you call the Supreme Courts ability to determine the Constitutionality of ability to determine the Constitutionality of Presidential and Congressional Presidential and Congressional actions?---------actions?---------