Appointments Of The President

Decent Essays
The President is given the task by the Constitution to “appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States [except those whose positions are not otherwise already provided for in the Constitution. And] Congress may by Law vest the Appointment of such inferior Officers…in the President alone” (Constitution). When a Supreme Court Justice dies, the acting President has to nominate someone to fill the position and then Congress has to meet and vote to approve this nominee. In February 2016, Justice Anton Scalia died unexpectedly, and President Obama nominated Merrick Garland to take his place. Congress has yet to meet to approve or not to approve this nomination and this has led to many debates across the country, as to weather or not Congress has the right to hold off meeting until after the election of the new president. …show more content…
There is no section in the Constitution that says how long Congress has to react to Presidential nominations. This means Congress can wait two years if they wanted to. The Constitution only states that Congress has to meet and decide at some point whether or not the nominee will be appointed. In addition to no Constitutional time line for Congress to act, there also is no constitutional set number of Supreme Court Justices. Even thought the Constitution established the Supreme Court, they left the decision of the number of Supreme Court Justices up to Congress. Having eight Supreme Court Justices is Constitutionally acceptable. With these reasons Congress has the right to wait as long as they would like to vote on the Justice

Related Documents

  • Improved Essays

    Senator Hill Case Summary

    • 945 Words
    • 4 Pages

    According to the precedent set forth in Ex Parte McCardle, Congress has the right to remove jurisdiction from the Supreme Court due to the Exceptions Clause of Article III, Section 2. Congress made an act that took away jurisdiction of the Court to hear cases regarding Congress’s refusal to seat members. However, according to Marbury v. Madison, the judiciary has the power to declare acts of Congress unconstitutional if they violate the Constitution. This act violates the Qualifications Clause of Article I, Section 5. The precedent set forth in Powell v. McCormack states that the Qualifications Clause is exhaustive and refusing to seat a member of Congress who is both duly elected and meets the qualification set forth in the Constitution is unconstitutional.…

    • 945 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    John Marshall Dbq

    • 158 Words
    • 1 Pages

    When John Adams appointed Federalists to various judicial positions before his term ended, James Madison discarded 17 commissions for justice of the peace, rather than delivering them to the men appointed. Though many of the men did not care about this position, Marbury filed a suit in the Supreme Court, demanding the order of the commission. John Marshall ruled that Marbury had a right to the commission. However, during this ruling, John Marshall declared an act of Congress to be unconstitutional. Marshall said that this law, the Judiciary Act of 1789, could not be used because it authorized an action which the constitution did not allow.…

    • 158 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Congress has to approve the justices before they can claim their rightful spot on the bench. To put things in context, politics from the 70’s and 80’s are coming back years later to impact the…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Therefore Jefferson instructed his secretary of state whom was James Madison to refuse the appointments. They passed a law of the Judiciary Act of 1801 in extension of the Judiciary Act of 1789. The judicial review was the concept of to strike down a law. The issue was that Marbury had been appointed a position as a justice of the peace on the last day of the president term. It was signed, sealed but never delivered.…

    • 552 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The president has the power to nominate someone to the Superior Court, but Senate has to confirm the appointment. In fact, Madison believed that the way to keep politicians honest was by “pitting politicians against one another through the mutual vetoes embedded in the Constitution” (K.J.K.V 72). Consequently, demagogues, like Long, are not able to exercise a lot of power and implement laws and proposals that follow their agenda. There are barriers that maintain…

    • 1312 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    As noted earlier typically president appoint the qualified candidate for Supreme Court justice whose views are aligned with president. Supreme Court justice have lifetime term limit. Let’s assume that Hillary Clinton win this election and elect the liberal justice and majority of the justice as same views as justice Breyer. This makes court to be too powerful and may overturn the more conservative…

    • 403 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    A.) Congressional reappointment is the process by which seats in the House of Representatives are reallocating after every United States constitutionally mandated census using a mathematical population formal to ensure that there is equal distribution among the given areas. B.) The court case of Wesberry vs. Sanders (1965) ruled that congress could not redistrict in a way that would give one citizen’s vote more power than the another. The court case of Shaw vs. Reno ruled (1993) ruled that congress could not redistrict in a way that purely relied racial equalness.…

    • 188 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Electoral College System

    • 737 Words
    • 3 Pages

    The President does not, however, have control over when vacancies will happen in the Justices. He also has to pass these appointed Justices to the Senate who have to confirm the appointees. The President’s vote is the only one that controls the selection of a Justice. The Senate can only accept or reject the President’s proposal, they cannot choose for the President. Unless he delegates that power to them.…

    • 737 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    he Supreme Court of the United States is the highest court within the hierarchy of the country’s federal courts. The Court was established in accordance to Article III of the United States Constitution. The Supreme Court consists of nine total members, all of whom are nominated by the President at the time, and approved by the Senate. All nine members of the Supreme Court serve their term for life, only leaving when they retire, resign, or are impeached.…

    • 447 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court is commonly thought to be “above politics,” since they are there to just interpret the law and not argue politic, inevitably though, politics still manages to seep in. In fact the appointment of justices is, in reality, extremely political due to all the factors needed to be appointed. In order to be a justice three main characteristics are needed: ideology, ethnicity, and political experience. Each one has a profound impact in the appointment process. Interests groups are extremely concerned with the whole process because it could help or hurt the interests groups and it constitutions for generations if a justice is appointed that has contradictory views.…

    • 862 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The president may not unilaterally appoint justices; he may only nominate them, and abide by the Senate’s verdict on them, whether confirmation or rejection. As the constitutional scholar John McGinnis writes, “the very…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to the Constitution, the President is responsible for appointing ambassadors and other public ministers, judges of the Supreme Court, and all other federal officers under his charge. Along with the power of appointment the president has the power to grant reprieves (reduced severity of punishment without removing guilt) or pardons (fully relieves individuals of both the punishment and guilt) accused of violating the law. Most presidents wait till close to end of term to issue pardons, as many pardons are at the center of political controversy. Chief diplomat is among the many "hats" the president wears. Being chief diplomat enables the president to…

    • 1197 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Presidential Power Dbq

    • 1175 Words
    • 5 Pages

    Many historians believe that the power of the President has decreased over time. This assumption usually results from the President’s inability to line item veto, or rejecting individual provisions of a bill. However, after much reevaluation, many other historians argue that the power of the president has increased over time because of his unique powers that he does not share with Congress. A key role model during this increase of power is Andrew Jackson, symbolizing the expandment of presidential authority due to his significant enlargement of the use of vetoes. Mandates, or official orders from the President to do something, also symbolize an independent expansion of presidential power.…

    • 1175 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    First, a judge has to be nominated by the President (stated in Article II Section 2 in the U.S. Constitution) Obama can replace whomever he wants to (filling in for Justice Scalia) Once the President has nominated a judge, the Senate Judiciary Committee needs to confirm and the President needs to appoint the new judge. Secondly, the Judiciary Committee has a three step process as to confirming a supreme court judge. Firstly, the Committee does an investigation into the judge’s background. Next, the Committee will hold a public hearing in which the judge is questioned and gives testimonies about everything from his or her judicial philosophy to his or her stand on abortion.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Throughout our history, there has been a concurring question, in which the burden has weighed heavy the shoulders of many citizens. Should Supreme Court judges be elected or appointed? In the process of this debate, a main concern of the overall argument shadows the question that if today’s method of selection is constitutional and publicly acceptable. In order to keep the public content and still have a reliable court system, there are many factors that are taken into place, which is also one of the reasons why the answer to this question has yet to be justified. In addition, there is an equal amount of supporters on either side who each claim their position is the most ethical and reasonable choice.…

    • 2056 Words
    • 9 Pages
    Superior Essays