The U.S. Supreme Court

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The U.S. Supreme Court
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Questions of the Day?
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CONSTITUTION Judicial Power Section 1 The
judicial Power of the United States shall be
vested in one supreme Court, and in such inferior
Courts as Congress may from time to time ordain
and establish.
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The Judges, both of the supreme and inferior
Courts shall hold their Offices during Good
Behavior and shall at stated Times, receive
Compensation for their services, which shall not
be diminished during their term in Office.
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CONSTITUTION Jurisdiction Section 2 The
judicial Power shall extend to all Casesarising
under this Constitution, the Laws of the United
States, and Treaties made under their Authority
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Organization? 1 supreme court inferior
(other federal) courts are set up by the Congress
as needed NO OTHER INFORMATION!

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Terms of Office? during good
behavior LIFE TERM until the Justice
resigns, dies, or is impeached design
create an independent check on other two
branches, buffered from popular
passions! (please read Federalist 78)
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Number of Justices? NO specific in the
Constitution! Became a problem FDR tried to
pack the Court after it struck down several
of his New Deal programs So FDR proposed 6
new justices 15 total even DEM Congress
rejects
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(No Transcript)
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Qualifications of Justices? NO specific
qualifications! No explanation of appropriate
age or residency or experience requirements
Experience of ACTUAL justices former Senators,
former PresidentBUT nearly all have judicial
experience (constit. law)
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Harriet Miers
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APPOINTMENTS? nominations visible,
controversial Article II Presidency
President may appoint judges, ambassadorsand
other officers with advice consent of Senate.
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ROLE of the U.S. SENATE President appoints ?
Judiciary Committee (recommendation)?
confirmed on the U.S. Senate floor by a majority
vote 51
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Appointment Controversies 1987 Reagan
Douglas Ginsberg
WI THDREW
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Appointment Controversies 1987 Reagan
Robert Bork (borked)
58 to 42 AGAINST
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Appointment Controversies 1991 H.W. Bush
Clarence Thomas
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Appointment Controversies 1991 H.W. Bush
Clarence Thomas
52 to 48 in FAVOR!
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What is the best strategy for Obama (president)
for selecting nominees? ideological
strategy moderate strategy stealth
nominee a diversity play
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Current U.S. Supreme Court ideological
wings LIBERAL moderate
CONSERVATIVE Kagan Kennedy ?
Scalia Sotomayor Thomas Ginsberg 4
1 4 Roberts Breyer Alito
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Why Appointment Controversies? (1) Senate has
been close to 5050 for years BUT
now Democratic control narrowly! (2) COURT
cases controversial decisions are hanging, in
many cases, on 5-4 margin!! still,
traditionally a president gets his choice
(the mandate), and success rate 80
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Conclusion Speculation Up to 3 (including
Sotomayor and Kagan) NEW Supreme Court justices
will change during Obama administration (4 or 8
yr?)