The Supreme Court and Judicial Nominations

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TOPIC 27 The Supreme Court and
Judicial Nominations
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Judiciary
Supreme Court Nomination Hearings
Robert Bork
Clarence Thomas
Samuel Alito
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Characteristics of Modern Nomination Hearings
1. Intense Focus on Nominees Ideologies 2.
Thorough Scrutiny by the Senate and by the
Media 3. An Ideologically Polarized
Senate 4. A Vastly Expanded Role for Interest
Groups 5. An Expanded Role for the Media 6.
A Higher Level of Conflict 1/3 of Nominees
Have Been Rejected 7. A Detailed Confirmation
Strategy by the White House 8. The
President Still Predominates
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CRITICS DISAGREE

• About the Nomination Process

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Legalist Critique
Active Senatorial Scrutiny of Nominees Ideology
is
1 Too Political, Too Partisan 2 Creates a
Media Circus 3 Permits Senators to Campaign
Result Brilliant Controversial Nominees Wont
Submit to Grilling
Mediocre Justices Appointed
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Political Critique
Senate Should Play Active Role in Examining
Nominees Ideologies
1 Cannot Offer Informed Advice and Consent
Unless Scrutiny 2 Offsets Passive
Presidential Court Packing 3
Provides Court Credibility
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Powers of the Judiciary
Judiciary
Stated Powers in Article III of the Constitution
Primary Power Unwritten Concept of Judicial
Review of Legislation
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Judicial Review
Judiciary
English Precedent Suggests Framers Implied
Judicial Review
Dr. Bonhams Case 1610
Sir Edward Coke
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Judiciary
Judicial Review
Supreme Court Determines IF a Law is
Constitutional or NOT!
State Laws
Congressional Laws
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Powers of the Judiciary
Judiciary
Judiciary Act of 1789 (Sec.25) Permits Appeals
from State Supreme Courts to the Federal Court
System.
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Judiciary
Powers of the Judiciary
Supreme Court Upholds Appellate Jurisdiction
Cohens v. Virginia 1821
Chief Justice John Marshall
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Supreme Court Interpretation

• Original Intent
• Pragmatism
• Judicial Activism/Restraint

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Powers of the Judiciary
Judiciary
Supreme Court as Exclusive Interpreter of the
Constitution
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Judiciary
Champion v. Casey 1792
Supreme Court Declares Rhode Island Law Violates
Article I Sec. 10
Unconstitutional
Chief Justice John Jay
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Marbury v. Madison 1803
Judiciary
Supreme Court Declares Law of Congress Violates
Article III Sec. 2
Unconstitutional
Chief Justice John Marshall
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Supreme Court Declared UNCONSTITUTIONAL
Judiciary
U.S. State To 1864 2
39 1864 - 1954 69 413 Since 1954 95
623 TOTAL 176 1125 GRAND TOTAL 1301
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Political Role of the Supreme Court
Judiciary
Reapportionment One Person One Vote
EVERY Legislative Body MUST be Chosen on Basis of
Population
Baker v Carr 1962
Gray v. Sanders 1963
Except United States Senate
Chief Justice Earl Warren
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Political Role of the Supreme Court
Judiciary
Bush v. Gore 2000
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Conclusions
Judiciary
1 Supreme Court is Exclusive Interpreter of the
Constitution
2 The Constitution is What the Supreme Court
Says it is!!