The Supreme Court
Appointment process:
Strengths Weaknesses
Checks + Balances: - congress and president Politicised- senate focuses on a judge’s stance
have role - checks on the judiciary by the on key issues rather than suitability- President
executive and leg brach appoints based on views e.g trump appointed
Barrett
e.g recent votes have been close- Brett
Kavanaugh's 50-48 vote when only 1
Republican and 1 democrat strayed
Strong candidates: supported by both parties in Judiciary committee:- members often vote on
the senate confirmation process - senate party lines rather than ability - members from
politicians don’t always vote according to their opposition party may attack nominees rather
party and political views e.g. David Souter than find out info - committee members from
confirmed by 90-9 by senate w democratic maj presidents party ask soft qs
despite being nominated by Bush(republican)
Judicial committee: questions a nominee about Media: concerned with issues rather than
suitability and all members ask qs before voting nominees - make process more complicated
e.g. Neil Gorsuch faced tough qs as part of and controversial and can delay votes and sway
committee hearing which lasted 4 days public opinion e.g. Clarence Thomas faced
assault allegations which became focus
Media:- more transparent
Life tenure- cannot be pressured by P e.g. Life tenure-echo chamber- outlive P and
clarence thomas nominated in 1991 by Bush continue their legacy and political views
Is the SC independent? Not influenced by branches
Independent Undermine indepence
Although Article 3 allows congress to alter Congress has power to alter composition which
composition it has remained 9 members. could be done for political reasons which would
The structure of 9 judges has prevented other increase no. of judges allied to gov. Biden
branches from attempting to pack court with attempted to introduce a bill to expand the
their allies. Supreme Court from 9 to 13 justices through
executive order
Supreme court justices have the role for life. A3 Members of the court can be impeached by a
protects their salary which could otherwise be simple majority and the senate must try the
used as leverage. This allows justices the justice (needs ⅔). This could be used as a
independence to make whatever judgement political weapon.
they deem correct without fear. Yet, no Supreme court justice has been
impeached.
Sep of powers grants constitutional Lacks enforcement powers. Brown vs Board of
independence. Judicial review allows court to Ed of Topeka 1945 where supreme court
check power of president and congress. Cant be ruled that southern states desegregate
in two branched at once e.g. obama had to schools but Arkansas used local militia to
give up position as senator forcibly prevent this. SC relied on
Eisenhower to instruct federal troops to
allow desegregation
, The BAR Association, made of pro lawyers, The independence and neutrality of BAR has
rates the suitability and understanding of law. been questioned. Research by Professor
This is a non political quality control Maya Sen stated that female and minority
nominees are likely to receive lower ratings
than white males. Black American Justice
Clarence Thomsd was deemed ‘qualified’.
For life. They can disappoint their political Nominated by president and confirmed by
patrons who voted them in. E.g Eisenhower Senate simple majority, politicians at the heart of
(‘biggest damned fool mistake’)and the composition e.g. barret only 48y/o when
Warren(became lib-civil rights) nominated
Judicial Review
- Can update the meanings of words
- Has involved itself in political issues
- Turned it into a quasi-leg body
Marbury v Maddison 1803- first used
- President John Adams appointed new judgeships to preserve his party’s control
- William Marbury was the last appointment but didn't receive official confirmation before
Jefferson became President
- Jefferson directed his secretary of state to reverse appointment which saw Marbury petition in
SC
- SC in favour of Marboury but found out that the Judiciary Act prevented court from having
jurisdiction to force Madison to honour appointment
- Offending part of the Judiciary Act was unconstitutional
- SC struck down law
Confirmation Process
Strengths Weaknesses
Each nominee has a background check by FBI, Over politicised as justices appointed based on
White House, Senate judiciary committee and stance rather than expertise. Conservatives
media. Controverrsies will be uncovered Brett want an originalist advocating judicial restraint.
Kavanaugh was delayed due to reports found of Confirmation votes in senate reflect party loyalty
sexual assults. Committee member, Flake, told e.g recent votes have been close- Brett
Trump he couldn't back Kavanaugh unless the Kavanaugh's 50-48 vote when only 1
FBI investigated. FBI found no evidence to merit Republican and 1 democrat strayed
further delay
The Senate judiciary committee scrutinises Senate Judiciary Committee is politicised as
candidates (public hearings) to see their views questioning is often personal whilst the
and suitability. Harriet Miers was described by 2 questioning of the president party is conciliatory
members as ‘insulting’ and ‘incomplete’ asking so fails to scrutinise. Lost purpose of hearing.
her to redo questionnaire. She withdrew. Bush nominated Clarence Thomas who wasn't
questioned on his qualifications but on his
philosophy and sexual harassment allegations.
He said ‘no job is worth what i've been through’
Senate confirmation checks president's power. Professional interest groups who offer
President must ensure nominee has support non-partisan advice on suitability of candidates
Appointment process:
Strengths Weaknesses
Checks + Balances: - congress and president Politicised- senate focuses on a judge’s stance
have role - checks on the judiciary by the on key issues rather than suitability- President
executive and leg brach appoints based on views e.g trump appointed
Barrett
e.g recent votes have been close- Brett
Kavanaugh's 50-48 vote when only 1
Republican and 1 democrat strayed
Strong candidates: supported by both parties in Judiciary committee:- members often vote on
the senate confirmation process - senate party lines rather than ability - members from
politicians don’t always vote according to their opposition party may attack nominees rather
party and political views e.g. David Souter than find out info - committee members from
confirmed by 90-9 by senate w democratic maj presidents party ask soft qs
despite being nominated by Bush(republican)
Judicial committee: questions a nominee about Media: concerned with issues rather than
suitability and all members ask qs before voting nominees - make process more complicated
e.g. Neil Gorsuch faced tough qs as part of and controversial and can delay votes and sway
committee hearing which lasted 4 days public opinion e.g. Clarence Thomas faced
assault allegations which became focus
Media:- more transparent
Life tenure- cannot be pressured by P e.g. Life tenure-echo chamber- outlive P and
clarence thomas nominated in 1991 by Bush continue their legacy and political views
Is the SC independent? Not influenced by branches
Independent Undermine indepence
Although Article 3 allows congress to alter Congress has power to alter composition which
composition it has remained 9 members. could be done for political reasons which would
The structure of 9 judges has prevented other increase no. of judges allied to gov. Biden
branches from attempting to pack court with attempted to introduce a bill to expand the
their allies. Supreme Court from 9 to 13 justices through
executive order
Supreme court justices have the role for life. A3 Members of the court can be impeached by a
protects their salary which could otherwise be simple majority and the senate must try the
used as leverage. This allows justices the justice (needs ⅔). This could be used as a
independence to make whatever judgement political weapon.
they deem correct without fear. Yet, no Supreme court justice has been
impeached.
Sep of powers grants constitutional Lacks enforcement powers. Brown vs Board of
independence. Judicial review allows court to Ed of Topeka 1945 where supreme court
check power of president and congress. Cant be ruled that southern states desegregate
in two branched at once e.g. obama had to schools but Arkansas used local militia to
give up position as senator forcibly prevent this. SC relied on
Eisenhower to instruct federal troops to
allow desegregation
, The BAR Association, made of pro lawyers, The independence and neutrality of BAR has
rates the suitability and understanding of law. been questioned. Research by Professor
This is a non political quality control Maya Sen stated that female and minority
nominees are likely to receive lower ratings
than white males. Black American Justice
Clarence Thomsd was deemed ‘qualified’.
For life. They can disappoint their political Nominated by president and confirmed by
patrons who voted them in. E.g Eisenhower Senate simple majority, politicians at the heart of
(‘biggest damned fool mistake’)and the composition e.g. barret only 48y/o when
Warren(became lib-civil rights) nominated
Judicial Review
- Can update the meanings of words
- Has involved itself in political issues
- Turned it into a quasi-leg body
Marbury v Maddison 1803- first used
- President John Adams appointed new judgeships to preserve his party’s control
- William Marbury was the last appointment but didn't receive official confirmation before
Jefferson became President
- Jefferson directed his secretary of state to reverse appointment which saw Marbury petition in
SC
- SC in favour of Marboury but found out that the Judiciary Act prevented court from having
jurisdiction to force Madison to honour appointment
- Offending part of the Judiciary Act was unconstitutional
- SC struck down law
Confirmation Process
Strengths Weaknesses
Each nominee has a background check by FBI, Over politicised as justices appointed based on
White House, Senate judiciary committee and stance rather than expertise. Conservatives
media. Controverrsies will be uncovered Brett want an originalist advocating judicial restraint.
Kavanaugh was delayed due to reports found of Confirmation votes in senate reflect party loyalty
sexual assults. Committee member, Flake, told e.g recent votes have been close- Brett
Trump he couldn't back Kavanaugh unless the Kavanaugh's 50-48 vote when only 1
FBI investigated. FBI found no evidence to merit Republican and 1 democrat strayed
further delay
The Senate judiciary committee scrutinises Senate Judiciary Committee is politicised as
candidates (public hearings) to see their views questioning is often personal whilst the
and suitability. Harriet Miers was described by 2 questioning of the president party is conciliatory
members as ‘insulting’ and ‘incomplete’ asking so fails to scrutinise. Lost purpose of hearing.
her to redo questionnaire. She withdrew. Bush nominated Clarence Thomas who wasn't
questioned on his qualifications but on his
philosophy and sexual harassment allegations.
He said ‘no job is worth what i've been through’
Senate confirmation checks president's power. Professional interest groups who offer
President must ensure nominee has support non-partisan advice on suitability of candidates
