the judging of Supreme Court nominees
Author: Michael Comiskey
Publisher: Univ Pr of Kansas
In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We
Author: Mark C. Miller
Category: Political Science
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Author: Associate Professor of Political Science Richard J Ellis,Richard J. Ellis
Category: Political Science
Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.
The End of Elitism in Supreme Court Nominations
Author: Richard Davis
Publisher: Oxford University Press
In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.
Author: Joseph A. Pika,John Anthony Maltese,Andrew Rudalevige
Publisher: CQ Press
Category: Political Science
The Politics of the Presidency maintains a balance between historical context and contemporary scholarship on the executive branch, providing a solid foundation for any presidency course. Get the most up-to-date coverage and analysis in this comprehensive and accessible text. Authors Joseph A. Pika and John Anthony Maltese are joined for the Ninth Edition by noted scholar Andrew Rudalevige as they present a thorough analysis of the change and continuity in the presidency during Barack Obama's two terms in an entrenched partisan environment, discuss the competitive setting for the upcoming 2016 election, and look at the challenges and opportunities a new president will soon face.
Author: David L Hudson
Publisher: Visible Ink Press
From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the Use of the Filibuster
Author: Denis Steven Rutkus,Elizabeth Rybicki
Publisher: TheCapitol.Net Inc
This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.
Author: R. Sam Garrett
Publisher: DIANE Publishing
Contents: (1) Recent Activity: Activity During 2010, 2009, and 2005-2006: Recent Nominations: Roberts, Miers, Alito; (2) Measuring the Pace of Supreme Court (SC) Appoint.; (3) How SC Vacancies Occur: Death of a Sitting Justice (SJ): Retirement or Resignation of a SJ; Nomination of a SJ to Another Position; Controversial, Withdrawn, and Rejected Nominations; (4) Date of Actual or Prospective Vacancy; Announcement-of-Nominee Date: Use of Medians to Summarize Intervals; The Duration of the Nomination-and-Confirmation Process: Changes Since 1981; Factors Influencing the Speed of the Process: How the Vacancy Occurs; The Senate¿s Schedule; Committee Involvement and Institutional Customs; Controversial Nominations.
Author: Jeffrey A. Segal,Harold J. Spaeth
Publisher: Cambridge University Press
Two leading scholars of the Supreme Court explain and predict its decision making.
Responsibilities, History, and the Nomination of Elena Kagan
Author: Susan Navarro Smelcer
Publisher: DIANE Publishing
On May 10, 2010, President Obama nominated Solicitor General (SG) Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first serving SG to be appointed to the Court since the elevation of Thurgood Marshall in 1967. She would also be only the fifth of 111 Justices to come to the bench with such experience. Contents of this report: (1) Intro.; (2) Duties and Responsibilities of the SG; (3) Explaining the Success of the SG; (4) From SG to Supreme Court Nominee: Chief Justice William Howard Taft; Associate Justice Stanley Reed; Associate Justice Robert Jackson; Associate Justice Thurgood Marshall; (5) SG Elena Kagan: Tenure as SG; Potential for Recusal During Her First Term if Confirmed.