ABSTRACT

Supreme Court Appointment Process: President's Selection of a Nominee [January 27, 2017]   [open pdf - 847KB]

"The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive what can amount to lifetime appointments which, by constitutional design, helps ensure the Court's independence from the President and Congress. The procedure for appointing a Justice is provided for by the Constitution in only a few words. The 'Appointments Clause' (Article II, Section 2, clause 2) states that the President 'shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.' The process of appointing Justices has undergone changes over two centuries, but its most basic feature--the sharing of power between the President and Senate--has remained unchanged: To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate."

Report Number:CRS Report for Congress, R44235
Author:McMillion, Barry J.
Publisher:Library of Congress. Congressional Research Service
Date:2017-01-27
Copyright:Public Domain
Retrieved From:Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:pdf
Media Type:application/pdf
URL:https://www.hsdl.org/?view&did=798686
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