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Obama Supreme Court Case Analysis

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The Supreme Court of the United States is the highest federal court of the United States. Article III of the U.S. Constitution authorized the Supreme Court. The U.S. also has a system of separated powers with three branches of government: executive, legislative, and judicial. The Supreme Court is part of the judicial branch. Since the death of Supreme Court Justice Scalia, there has been a debate on who should appoint the next justice, the current president, President Obama or the next president. According to the Constitution if a position in the Supreme Court was to become vacant, the constitution states the president, “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.” The confirmation of a Supreme Court Justice is a solemn responsibility that the President and the Senate share under the U.S. Constitution. Due to enumerated powers, President Obama should be able to nominate or appoint a supreme justice because it is his responsibility to do so. …show more content…

Many say the president would be a lame duck if he nominates someone because he is not going back into term, but the position became open during his term so he should be able to appoint someone new. The Constitution does not limit the president to when in his term he may nominate a justice. Due to the checks and balance system, the senators of the congress must approve of this nominee, which is going to be hard with a majority republic senate. There are nine Supreme Court Justices and for the court to be stable, all positions need to be filled. The congress set the Supreme Court to have nine justices for a reason. It is best to fill that position as soon as

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