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Process & Politics of Presidential

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Presentation on theme: "Process & Politics of Presidential"— Presentation transcript:

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

2 Political Cartoon A Title: The Supreme Court Location
Mike Keefe, The Denver Post, Oct. 6, 2004

3 Political Cartoon B Title: Bush on Dred Scott
Monte Wolverton, Cagle Cartoons, Oct. 10, 2004

4 Political Cartoon C Title: Supreme Court - 31 Flavors
Robert Ariail, The State, Aug. 10, 2005

5 Political Cartoon D Title: The Confirmation Process
Mike Thompson, The Detroit Free Press, Aug. 11, 2005

6 Political Cartoon E Title: Go My Pretties!
Henry Payne, The Detroit News, Aug. 11, 2005

7 Political Cartoon F Title: Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005

8 Factors That Influence Supreme Court Nominations

9 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

10 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….”

11 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…”

12 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?

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

14 U.S. Supreme Court Confirmation Process
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 Stage 1 Presidential Nomination

15 U.S. Supreme Court Confirmation Process
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 Stage 2 Senate Judiciary Committee Hearings

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

17 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


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