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Supreme Court Pros And Cons

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In this election year a Supreme Court position opened up following the unfortunate death of justice Antonin Scalia. President Obama, has the ability to nominate a replacement as this is one of his presidential powers. Obama nominated Merrick Garland, the chief judge of the Court of Appeals, as Antonin Scalia’s replacement. After the nomination, Merrick Garland can take the position if the senate approve of the nomination. Senate Majority Leader Mitch McConnell vowed to block a hearing that would be held to nominate the nominee. McConnell claimed that “the people should have a say" in the selection by electing a new president to reflect their views. Mitch McConnell crossed the line with this decision by impeding on the powers of the president, compromising the powers of the supreme court’s, and obstructing the process for political reasons. …show more content…

With that being said, Merrick Garland is ignoring the representation of the people who voted for Obama during the final year in office. He says “the people should decide” and they did through the president they elected. Mitch McConnell referred to congress’s ability to check the president’s power by withholding consent. Mitch McConnell plans to withhold consent until next election, but what stopping him from obstructing the process for as long as he wants? There doesn’t seem to be any constitutional restrictions on how long congress can withhold. If there isn’t a limit on how long the senate could withhold consent, then it seems that congress has way too much power over supreme court justice appointments and needs to be checked. I believe that withholding consent is achieved through a vote that rejects the nominee that the president presents to congress. Refusing to vote on the nomination just seems like are ignoring the issue for party

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231 Words | 1 Pages

One Federalist who had kept his job was Judge William Marbury. Many Republicans argued that all the appointments were aimed at federal power, and the law was unconstitutional. Marbury was appointed by John Adams to keep peace in the capital. When Jefferson took office, he ordered James Madison, who was his secretary of state, to cease the appointments.

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787 Words | 4 Pages

The concerns that Senators have about federal appeals court nominees is unjust and unneeded. The only people in the court system who have the ability to overturn laws of legislation and policy are Supreme Court Judges, so it is wrong to subject appeals court nominees to strict ideological tests that the Justices are given. The Justices are the only people who can overturn or rule things unconstitutional, whether it is from cases, executive orders, or when the bureaucracy overstep its’ bounds. It does not matter what an appeals court nominees personal opinion is on a case, because he or she will be following the precedent already set up by the Supreme Court. It does not matter what the nominees opinion is on Roe v. Wade, because as an appellate

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804 Words | 4 Pages

As American citizens, we have long been subject to the back and forth between the Democrats and Republicans on Capitol Hill. Since the very beginning, both parties have struggled with each other over power and policy, with us, the citizens, in the middle. With every reelection, a new president along with a political group attempts to establish a new regime of executive, legislative, and judicial power in D.C. Recently, however, with the term of President Obama, Congress has favored a more republican ideology, creating an impassive lawmaking system that is incapable of authorizing effective pieces of legislature. As a result of this inability, the president has made several authoritative decisions, completely bypassing congressional review, to establish a trust between the American people and

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167 Words | 1 Pages

The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

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508 Words | 3 Pages

I do think that Neil Gorsuch is qualified to take the position as the new supreme court justice. He is known to have an outstanding resume; He graduated from Harvard Law School and he studied under a lawyer named John Finnis. Neil knows what it is like to be a conservative on a liberal college campus. Gorsuch co-founded The MorningSide Review and The Federalist while he was in Columbia University in New York. Gorsuch and his two other co-founders believed that the campus had primarily liberal political views.

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591 Words | 3 Pages

I said those words over and over in my brain until I finally realized this was reality. President Bush had nominated Clarence Thomas to replace

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1193 Words | 5 Pages

By imposing their will on the Senate, the nerve center of American government, a minority of senators found they could impose their will on the entire nation'" (CITATION). The original founders of our country did not intend for the minority ideas and beliefs of the senate to influence the entire United States. If a majority says that a bill or law

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485 Words | 2 Pages

I agree with the Supreme Court on placing emphasizes on keeping the presidential power in check but respecting the doctrine of separation of powers. The Court has the power to hear cases that involve federal questions because the

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113 Words | 1 Pages

The author believes that it is the Congress, not the Supreme Court to decided Ted Cruz’s eligibility to be a president. After the final electoral vote, in accordance with the 12th Amendment, Congress has the authorities to reject to count any electoral votes if the Congress doubts his eligibility. Similar with the way the Congress judges a Senator’s birth certificate dispute for Senate election, the Constitution makes the Congress the judge of birth certificate dispute or any other kinds of presidential eligibility argument for the presidential election. In addition to the Congress, the voters can decided if Ted Cruz can be a president by choosing whether casting the ballots on him or

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260 Words | 2 Pages

Taking a significant step away from the Framers’ vision of the judiciary and stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator; Massachusetts v EPA, in a 5-4 decision the Supreme Court stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator (p. 176, Rosenbloom, 2015, Vicara, 2017). In this decision, the Court substituted its judgment for that of the politically accountable branches of the federal government. In doing so, the Court undermined the legal rules of standing. The majority also supported its decision with a one-sided and unsophisticated account of the scientific evidence for the petitioners’ claims concerning climate change, needlessly

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484 Words | 2 Pages

Finally, in 1967, President Johnson appointed Marshall to the Supreme Court. In a mostly conservative Supreme Court, Marshall was an outspoken liberal. During his twenty-four-year tenure, Marshall voted to uphold gender and racial affirmative action policies in every case that involved these policies being contested. In every case in which the Supreme Court voted to not overturn a death sentence, Marshall dissented. Before Marshall’s appointment into the United States Supreme Court, no justice has been so adamant to uphold human rights.

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789 Words | 4 Pages

Bill Clinton appointed Ruth Bader Ginsburg and Stephen Breyer to the United States Supreme Court (a). The U.S. senate confirmed Ruth Bader with a 96 to 3 confirmation vote. Stephen Breyer was confirmed by the senate with an 87 to 9 vote. (b) Article two sections 2 of the U.S. constitution give the president the power to appoint public officials with the consent of the senate.

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955 Words | 4 Pages

Same-sex marriage has a near even split of people that are for or against it. This split is seen clearly in the Obergefell v. Hodges case in the U.S. Supreme Court, where the decision was 5 to 4. The majority in this case chose to legalize same-sex marriage in all 50 states. This decision brought a lot of controversy from the U.S. citizens, and the controversy came from the question if the Supreme Court decision in Obergefell was the correct decision for America. The answer is no.

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509 Words | 3 Pages

Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.

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685 Words | 3 Pages

In Ex p. Garland 5 it was held that the power conferred on the President of United States by Article 2 Section 2, is unlimited and, with the exception of impeachment, extends to every offence known to the law, and may be exercised at any time after its commission. That power is not subject to legislative control, and congress can neither limit the effect of the president’s pardon nor exclude from its exercise any class of

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