Supreme Court Nominations: Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the Use of the Filibuster

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TheCapitol.Net Inc, 2009 - Law - 208 pages
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Part of the Government Series, from TheCapitol.Net

The procedure for appointing a Supreme Court 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 Advise 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 lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. Since the end of the Civil War, almost every Supreme Court nomination received by the Senate has first been referred to and considered by the Judiciary Committee before being acted on by the Senate as a whole.

This book explores the appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.

Summary of Contents

Ch. 1. Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate, by Denis Steven Rutkus

Ch. 2. Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki

Ch. 3. Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History, by Betsy Palmer

Ch. 4. Proper Scope of Questioning of Supreme Court Nominees: The Current 2005] Debate," by Denis Steven Rutkus

Ch. 5. Constitutionality of a Senate Filibuster of a Judicial Nomination, by Todd Tatelman

Ch. 6. Cloture Attempts on Nominations, by Richard S. Beth and Betsy Palmer

Ch. 7. Changing Senate Rules or Procedures: The 'Constitutional' or 'Nuclear' Option, by Betsy Palmer

Ch. 8. 'Entrenchment' of Senate Procedure and the 'Nuclear Option' for Change: Possible Proceedings and Their Implications, by Richard S. Beth

Ch. 9. "Consideration and Debate on the Senate Floor: Filibusters," "Cloture in Senate Floor Proceedings," "Steps to Invoke Cloture," and "Senate Procedures under Cloture," Sections 8.210-8.232, from the Congressional Deskbook, by Michael Koempel and Judy Schneider

Ch. 10. "Congress and the Executive: Appointments" and "Confirmation Procedure," Sections 10.81-10.81 from the Congressional Deskbook, by Michael Koempel and Judy Schneider

Ch. 11. "Nominations to Federal Courts" and "Gathering Information on a Judicial Nominee," Sections 10.121-10.122 from the Congressional Deskbook, by Michael Koempel and Judy Schneider

Ch. 12. Other Resources

Complete Table of Contents at www.TCNSCN.com

 

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Contents

Supreme Court Appointment Process
1
Senate Consideration of Presidential Nominations
65
Evolution of the Senates Role in the Nomination and Confirmation Process
81
Proper Scope of Questioning of Supreme Court Nominees
97
Constitutionality of a Senate Filibuster of a Judicial Nomination
113
Cloture Attempts on Nominations
127
Changing Senate Rules or ProceduresThe Constitutional or Nuclear Option
139
Entrenchment of Senate Procedure and the Nuclear Option for Change
153
Congressional Deskbook 82108232
189
Congressional Deskbook 10801081
193
Congressional Deskbook 1012110122
197
Other Resources
201
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