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Judicial Branch SSCG13: Demonstrate knowledge of the operation of the judicial branch of government. SSCG13a: Describe the selection and approval process for federal judges.
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Judicial 101: Purpose The judiciary is another name for the judicial branch of government, which includes the court system and the judges. The purpose of the Judiciary is to interpret the law, Constitution. The Senate Judiciary Committee is a standing committee in the Senate currently comprised of 20 members. This committee conducts hearings prior to Senate votes on the confirmation of federal judges, including Supreme Court Justices, who are nominated for the positions by the President.
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What does the Constitution say about the Courts?
Our founders understood that judges who are able to apply the law freely and fairly are essential to the rule of law. The Constitution guarantees our rights on paper, but this would mean nothing without independent courts to protect them. In our unique judicial system, courts are protected from the influence of other branches of government, as well as shifting popular opinion. This allows the judiciary to make decisions based on what is right under the law, without political or personal consequences.
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What is the Supreme Court
What is the Supreme Court? Why did the Founding Fathers want a judicial branch? 1. The highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation. 2. When the nation’s founders established the federal court system, they went to great lengths to create a branch of the government that was accountable to the law, and not to political interests or hot-burning public passions.
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Early History of the Judicial Branch Post-1787
September 24, 1789 Federal Judicicary Act- Congress passes, established a federal court system. February 2, 1790 First Supreme Court Session- U.S. Supreme Court holds it’s first public session in the Royal Exchange in the New York. February 13, 1801 Judiciary Act of 1801
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There are 9 steps for federal judicial nominations (from vacancy to confirmation)
1. A vacancy occurs when a judge dies, retires, or decides to step down. 2. The White House consults the Senators who represent the state in which the vacancy has occurred to get recommendations for potential candidates to fill the vacancy. 3. Potential candidates are thoroughly vetted; background checks are extensive. The Senate Judiciary Committee requires the candidates to complete a detailed questionnaire. The candidate’s legal qualifications, past employment history, decisions on cases, tax compliance history, reputation with legal colleagues and community members, medical examination results, and criminal background history are all part of this vetting process. 4. Once a nomination is made, the process moves to the Senate Judiciary Committee members.
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Continued 5. The Senate Judiciary Committee conducts a hearing. This is the time when all committee members are given the opportunity to ask the nominee questions. 6. The Senate Judiciary Committee votes. Once the nominee is favorably voted out of the committee, with a majority vote, the nomination is forwarded to the Senate floor for consideration by the entire Senate. 7. The Senate majority leader schedules a full vote in the U.S. Senate and debate ensues. 8. The nominee is confirmed if he or she receives a majority of the votes by the Senators. 9. Lifetime appointment begins after the President signs the nominee’s commission. *This entire process can take weeks or months from beginning to end.
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Federal judgeship appointments and Supreme Court Justice appointments
Appointments last for life, and because these judges serve lifetime appointments, their decisions can have significant impacts that last beyond one election cycle.
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Qualifications (Informal)
There are no official qualifications for becoming a Supreme Court justice. Most federal judges are or have been: leading attorneys, legal scholars, law school professors State court judges. Have law degrees or some other form of higher education. Political party affiliation- the President typically chooses candidates from his or her own political party. The President also looks for candidates who share similar views on economic, social, and legal issues. Ethnicity and gender
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Lifetime Job! Benefits! Salary- chief justice of the Supreme Court earns a salary of $267,00 per year and the associate justices earn $255,300 per year. Three months recess- Vacation Time Private Earnings- Justices earn side money by speaking at events for a fee or lecturing at universities during the recess. Many also earn advances and royalties from memoirs and other publications. Health Care- Federal judges, similar to members of Congress, are covered by the Federal Employee Health Benefits system and Medicare. Federal judges are also free to acquire private health and long-term care insurance. Job Security!
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Lifetime Job! Or Impeachment!
Federal judges can only be removed through impeachment. They cannot be removed from office unless they are impeached by the House of Representatives and removed after a trial in the Senate. To date, only one Supreme Court justice, Samuel Chase, has ever been impeached. That occurred in 1805 and he was acquitted by the Senate.
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