Essay On Judges

Senator Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia said they would join Republicans in support of the appellate court judge. "After doing my due diligence by meeting with Judge Gorsuch and reviewing his record and testimony before the Senate Judiciary Committee, I've decided to vote in favor of his confirmation," Heitkamp said in a statement. Manchin said in his statement that "I will vote to confirm him to be the ninth justice on the Supreme Court. Supreme Court jurists should have an extensive career in law, a record of upholding the Constitution in their rulings, an established judicial philosophy, and an appropriate temperament. Throughout Judge Gorsuch's career, he has come to his legal rulings objectively, through the letter of the law rather than through his own opinion.” Under current Senate rules, Gorsuch would need to be confirmed with 60 votes, but the threat of filibuster during Gorsuch’s confirmation hearing has led for Republicans, including Senator Lindsey Graham, to call on Majority Leader Mitch McConnell to invoke the "nuclear option" that would allow Gorsuch to be confirmed by a simple majority

In Nevada, in contrast, the State Supreme Court uses a “staggered” system in order to appoint their judges. The judges are selected not by presidential appointment but by “qualified electors of the State at the general election,” and are only allowed to hold their office for a limited period of years. Furthermore, the Chief Justice is only allowed to maintain their post for six years, thus reducing the opportunity to shape the direction of the state’s laws throughout the remainder of their lives.

There are two major factors that affect the confirmation process of a president’s nominees; one is party affiliation. Party affiliation is very important when the Senate is confirming a nominee, because Senate confirms nominees by a ⅔ vote. This could be very crucial to the president and his or her nominee, because if the majority of the Senate is part of the opposing party, this becomes difficult for the president to get his nominee confirmed. The second political factor is qualification to become a judge or justice. The Senate does not want an unqualified judge who does not know what he or she is doing. It is important to the Senate to approve someone who has experience in the judicial field than someone who has no experience at all. The

The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is

In the Judicial Branch, the Supreme Court has the power to disregard the Constitution or listen and go along with the Constitution. The Supreme Court also has the power to do the opposite and decide which case goes with the law and ignore the Constitution. This document shows the powers between the Legislative and Judicial Branch. By the system of Checks and Balances between the Legislative and Judicial Branch, The Judicial Branch has the power to reject laws that are unconstitutional from the Legislative Branch. But in turn, the Legislative Branch has the power to approve appointments of Supreme Court Justices from the Judicial Branch. (Page 162 9.2, DBQ Document

Primarily, judicial review consists of four main components.5 The first dynamic of judicial review is that the Supreme Court can reject any federal, presidential or congressional, act or law which is deemed to be unconstitutional centred upon the judiciary’s interpretation of the United States Constitution.6 For instance, the Supreme Court can void a presidential-line item veto, i.e. the President’s ability to erase part of a bill passed by the legislature involving taxation or spending.7 In addition, the second factor of judicial review is the authority of the Supreme Court to strike down any state act (gubernatorial) or law (state legislature), which is judged as unconstitutional based, again, upon the Court’s interpretation of the United States Constitution.8 One such example of this power being exercised is when the Supreme Court annulled California’s attempt to enforce congressional term limits.9

Today, Supreme Court Nominee’s, Neil Gorsuch, Confirmation hearing came near conclusion on a very confrontational note with the Senate’s Principal Democrat threatening to filibuster. This would complicate the way the senate “conducts its business”. The Republicans eager to confirm Gorsuch only have a 52-majority instead of the 60-majority that is necessary. However, they say he will be confirmed anyway, even if it means removing the filibuster option and allowing nominees to be confirmed with a simple majority vote. Senate Minority Leader Charles E. Schumer’s decision to filibuster was not unexpected but it will increase tension in the senate. “If this nominee cannot earn 60 votes — a bar met by each of President Obama’s nominees, and George Bush’s last two nominees — the answer isn’t to change the rules. It’s to change the nominee,” he said. Although the democrats do not have the votes to block this motion, his filibuster will publicize the resistance in the Congress.

The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal

The Supreme Court should not have any additional powers to allow them to enforce their rulings. The Constitution was made to ensure that everyone has certain rights and how they should follow them. If the Supreme Court was only given a certain amount of power then they should not go against what was already decided. The president has every right to make the decisions because he is doing it for the best of the country. If the president does make a mistake then congress can use checks and balances to ensure that the power maintained is correct and equal. The Supreme Court should not receive additional

People who elect Senators into congress feel that they need a leader who will advocate for their needs, and one who will fight for their economic, academic and political empowerment. As such, they believe that they have the power to decide whoever goes into the Senate, as long as genuine elections are held.

The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.

If the nomination is made the Senate must make its decision within 25 legislative days after the nomination is

The president can appoint judges and other officials, but the senate must approve of them first.

The majority of the senate's legislative review is done within it's committee system, as committee’s have always been part of the senate(Ray, 2013). “What the author fails to mention is that the senate standing

The U.S. Constitution is the greatest source of law in the United States, and one may say this doctrine even dictates the relationships between American citizens and the American government. This supreme law of the land granted a great deal of necessary powers to all branches of government through articles one through three . According to the United States constitution,