1 / 19

The Supreme Court: Nominations & Politics

Explore Supreme Court nomination processes, political influences, and judicial principles, including precedent, Stare Decisis, and judicial philosophies. Learn how presidential nominations and Senate confirmations shape the highest court in the U.S.

timothymendoza
Download Presentation

The Supreme Court: Nominations & Politics

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Apu.s. government & politics Wednesday, February 7, 2018

  2. Practice fRQ #12

  3. Scotus principles (Continued)

  4. Another Important Principle • Precedent • All legal argumentation and decision-making rests, to some extent, on previous court decisions • Lawyers (in their briefs) and judges (in their opinions) will always cite relevant precedent(s) for every argument or conclusion that they make • Stare Decisis • Whenever possible, the justices adhere to the principle of “what is already decided” • If the Court has already decided a particular legal question, that question is generally considered to be decided for all time • BUT: at times the Court will depart from this principle • See: Plessy v. Ferguson (1896); Brown v. Board of Education (1954)

  5. Judicial Philosophies and Politics • Judicial Restraint • Deciding cases on the narrowest possible basis; • Leaving as much to the political process as possible • Virtually all judges will claim to follow this philosophy; • They will often accuse judges from different political camps of exercising: • Judicial Activism • Using judicial decisions to advance a particular political agenda; • Sometimes referred to as, “legislating from the bench”

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

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

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

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

  10. Factors That Influence Supreme Court Nominations

  11. Factors That Influence Supreme Court Nominations • 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

  12. 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?

  13. 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

  14. 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

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

  16. 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

  17. Exit Ticket: Practice MCQ • The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as: • a. Original intent. • b. Judicial restraint. • c. Judicial activism. • d. Judicial review. • e. Stare decisis.

  18. Op-ed: “the new court-packing plan”

  19. Homework • Textbook, Chapter 15: • Reading & Outline due Tomorrow • Vocab Quiz Tomorrow

More Related