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Supreme Choice

Supreme Choice. Process & Politics of Presidential Nominations to the Supreme Court. The U.S. Constitution and the Appointment of Supreme Court Justices. Article II, Section 2 describes the appointment powers of the President:

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Supreme Choice

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  1. Supreme Choice Process & Politics of Presidential Nominations to the Supreme Court

  2. The U.S. Constitution and the Appointment of Supreme Court 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….”

  3. The U.S. Constitution and 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…”

  4. The Constitution & the Supreme Court:Questions for Discussion • Identify the constitutional requirements for appointing Supreme Court Justices. • Discuss the purpose and significance of federal judges servings life terms. • How do these constitutional provisions promote checks and balances of the three branches of the federal government?

  5. Party affiliation (80% or higher) Judicial Philosophy “Litmus Test” - where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee Factors That Influence Supreme Court Nominations

  6. Stage 1: Presidential Nomination MEDIA Influence WHITE HOUSE REVIEW FBI Investigation Certification INTEREST GROUP Influence U.S. Supreme Court Confirmation Process Stage 2: Senate Judiciary Committee Hearing Stage 3: Full Senate Vote Stage 4: Oath of Office?

  7. U.S. Supreme Court Confirmation Process Stage 1 Presidential Nomination • White House staff reviews candidates and submits a short list to the president • FBI background investigation • Candidates submit financial disclosure forms • ABA grades candidates • Interest groups weigh in on candidates • President selects nominee

  8. U.S. Supreme Court Confirmation Process Stage 2 Senate Judiciary Committee Hearings • Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) • Interest groups may conduct campaigns for or against nominee (including TV ads) • Intense media attention to Senate hearings • Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. • Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

  9. U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote • Floor debate on nominee • Confirmation vote by full Senate

  10. U.S. Supreme Court Confirmation Process Stage 4 Oath of Office • If confirmed by the Senate, nominee sworn in, usually by Chief Justice • Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

  11. Political Cartoon ATitle: The Supreme Court Location • Mike Keefe, The Denver Post, Oct. 6, 2004 • http://cagle.slate.msn.com/politicalcartoons/

  12. Political Cartoon BTitle: Bush on Dred Scott • Monte Wolverton, Cagle Cartoons, Oct. 10, 2004 • http://cagle.slate.msn.com/politicalcartoons/

  13. Political Cartoon CTitle: Supreme Court - 31 Flavors • Robert Ariail, The State, Aug. 10, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  14. Political Cartoon DTitle: The Confirmation Process • Mike Thompson, The Detroit Free Press, Aug. 11, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  15. Political Cartoon ETitle: Go My Pretties! • Henry Payne, The Detroit News, Aug. 11, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  16. Political Cartoon FTitle: Supreme Court Exam • Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005 • http://cagle.slate.msn.com/politicalcartoons/

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