Supreme Court Confirmation Hearings and Constitutional Change

Supreme Court Confirmation Hearings and Constitutional Change

This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.

Author: Paul M. Collins

Publisher: Cambridge University Press

ISBN: 9781107039704

Category: Law

Page: 314

View: 988

Demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Categories: Law

Supreme Court Confirmation Hearings in the U S Senate

Supreme Court Confirmation Hearings in the U S  Senate

How much do Supreme Court nominees reveal at their confirmation hearings, and how do their answers affect senators' votes?

Author: Dion Farganis

Publisher: University of Michigan Press

ISBN: 9780472119332

Category: Political Science

Page: 162

View: 460

How much do Supreme Court nominees reveal at their confirmation hearings, and how do their answers affect senators' votes?
Categories: Political Science

Encyclopedia of Constitutional Amendments Proposed Amendments and Amending Issues 1789 2015 4th Edition 2 volumes

Encyclopedia of Constitutional Amendments  Proposed Amendments  and Amending Issues  1789   2015  4th Edition  2 volumes

president to appoint Supreme Court justices from a list of five nominees selected
by the chief justices of state supreme courts. Some proposals have ... Supreme
Court Confirmation Hearings and Constitutional Change. New York: Cambridge ...

Author: John R. Vile

Publisher: ABC-CLIO

ISBN: 9781610699327

Category: Political Science

Page: 655

View: 774

Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. • Provides clear explanations of each of the 27 constitutional amendments that have been adopted throughout U.S. history as well as essays on the subjects of the thousands of other proposals that have been made • Articulates important issues involving the constitutional amending process • Outlines key proposals for more radical changes to the U.S. Constitution that have been introduced outside of Congress
Categories: Political Science

The American Supreme Court Sixth Edition

The American Supreme Court  Sixth Edition

Obviously nomination by a president is not sufficient; one must also be confirmed
by the Senate. On this essential reality, see Paul M. Collins, Jr. and Lori A.
Ringhand, Supreme Court Confirmation: Hearings and Constitutional Change (
2013); ...

Author: Robert G. McCloskey

Publisher: University of Chicago Press

ISBN: 9780226296920

Category: History

Page: 448

View: 537

For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Categories: History

Supreme Democracy

Supreme Democracy

Collins and Ringhand, Supreme Court Confirmation Hearings and Constitutional
Change, pp. 58–59; and Rutkus, “Supreme Court Appointment Process: Roles of
the President, Judiciary Committee, and Senate,” p. 28. Oral History Interview ...

Author: Richard Davis

Publisher: Oxford University Press

ISBN: 9780190656966

Category: LAW

Page: 272

View: 318

"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them 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, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"--
Categories: LAW

The President and the Supreme Court

The President and the Supreme Court

Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.

Author: Paul M. Collins, Jr

Publisher: Cambridge University Press

ISBN: 9781108498487

Category: Law

Page: 284

View: 791

Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.
Categories: Law

Supreme Court Nominations

Supreme Court Nominations

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: Denis Steven Rutkus

Publisher: TheCapitol.Net Inc

ISBN: 9781587332241

Category: Law

Page: 208

View: 261

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.
Categories: Law

A First Amendment Profile of the Supreme Court

A First Amendment Profile of the Supreme Court

Judge Ginsburg was overwhelmingly confirmed as the second woman to serve
on the Supreme Court of the United ... her confirmation hearings and in her
written opinions on the First Amendment to argue that her constitutional
interpretation is ...

Author: Craig Smith

Publisher: University of Delaware

ISBN: 9781611493627

Category: Political Science

Page: 194

View: 813

A First Amendment Profile of the Supreme Court focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice will be profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. The object of these chapters is to provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law.
Categories: Political Science

Courts and Congress

Courts and Congress

In the last decade, the judicial confirmation process has provoked cries for reform
from across the political spectrum. ... Senate, "divided government," the
confirmation hearings themselves, supposed unprecedented influence of interest
groups, ... The focus here is on the confirmation of Supreme Court justices
because it is the nominations to the nation's highest tribunal ... The Constitutional
Balance between Senate and President At the Constitutional Convention, debate
focused upon ...

Author: Robert A. Katzmann

Publisher: Brookings Institution Press

ISBN: 0815707339

Category: Political Science

Page: 184

View: 294

What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute
Categories: Political Science

Constitutional Politics in a Conservative Era

Constitutional Politics in a Conservative Era

Gillman , H . ( 2006 ) . Party politics and constitutional change : The political
origins of liberal judicial activism . ... Hearings on the Nomination of Antonin
Scalia to be Associate Justice of the Supreme Court of the United States . United
States ...

Author: Austin Sarat

Publisher: JAI Press Incorporated

ISBN: 0762314869

Category: Political Science

Page: 228

View: 168

Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Categories: Political Science

America s Prophets How Judicial Activism Makes America Great

America s Prophets  How Judicial Activism Makes America Great

... consciousness only when President Reagan nominated Robert Bork to the
Supreme Court in 1987, and it has dominated confirmation hearings ever since.
The Bork nomination focused attention on the Ninth Amendment to the
Constitution, ...

Author: David R. Dow

Publisher: ABC-CLIO

ISBN: 9780313377099

Category: History

Page: 165

View: 888

America's Prophets: How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values. Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible. He claims that Isaiah, Amos, and Jesus are archetypal activist judges and, conversely, that modern activist judges are America's prophets. Dow argues that judicial restraint is a priestly method of adjudication and that it, not judicial activism, is the legally and morally unsound method. Race and gender discrimination, separation of church and state, privacy rights, and same-sex marriage are all issues that have divided our nation and required judicial intervention. Every time the courts address a hot-button issue and strike down entrenched bias or bigotry, critics accuse the justices of being judicial activists, whose decisions promote their personal biases and flout constitutional principles. This term, despite its widespread currency as a pejorative, has never been rigorously defined. Critics of judicial activism properly point out that when judges overturn laws that enforce popular norms they thwart the will of the majority. But Dow argues that so-called activist judges uphold two other American legal values that are as deeply embedded in American legal culture as majoritarianism: liberty and equality. He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions.
Categories: History

Public Opinion and the Rehnquist Court

Public Opinion and the Rehnquist Court

CHAPTER TWO Public Opinion and the Rehnquist Court he U.S. Supreme Court
might seem unlikely to represent American public opinion, since ... Although a
few nominees face lively confirmation hearings in the U.S. Senate, most jus—
tices easily win confirmation. ... Very few of the Court's constitutional law
decisions are overturned through a constitutional amendment, although
Congress more often ...

Author: Thomas R. Marshall

Publisher: SUNY Press

ISBN: 9780791478813

Category: Political Science

Page: 282

View: 935

Examines the complex relationship between American public opinion and the U.S. Supreme Court.
Categories: Political Science

The New British Constitution

The New British Constitution

'We are not final', the United States Supreme Court Justice Jackson once
declared, 'because we are infallible, but we are infallible ... of the judiciary; and
under the Constitutional Reform Act of 2005, Parliament will have no role in the
appointment of judges. There will not be, as there are in the United States,
confirmation hearings before one or the other Houses of Parliament before
judges are appointed.

Author: Vernon Bogdanor

Publisher: Bloomsbury Publishing

ISBN: 9781847317148

Category: Law

Page: 334

View: 429

The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.
Categories: Law

Supreme Court Appointment Process

Supreme Court Appointment Process

By contrast, in the modern appointment process, Presidents typically announce
their Supreme Court nominations to ... In turn, nearly all of the official confirmation
process that follows—confirmation hearings by the Judiciary Committee, ... In
another major change from earlier practice, there are now many more
participants in the Supreme Court appointment process. ... the President and the
Senate, or the outcome of important constitutional issues before the Court is seen
to be at stake.

Author: Denis Stevens Rutkus

Publisher: DIANE Publishing

ISBN: 9781437931792


Page: 60

View: 235

Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.

Supreme Court Justices in the Post Bork Era

Supreme Court Justices in the Post Bork Era

Despite clear evidence of the long - term role of politics in Supreme Court
appointments , claims about the ... Century Fund suggested these reforms : ( 1 )
limits on the number of participants in the confirmation hearings , ( 2 ) preventing
nominees ... As better alternatives , he advanced proposals that would require
constitutional amendments , including changing the vote necessary for
confirmation from a ...

Author: Joyce A. Baugh

Publisher: Peter Lang Incorporated, International Academic Publishers

ISBN: STANFORD:36105063193648

Category: Law

Page: 128

View: 160

The failed nomination of federal appeals court judge Robert Bork to the U.S. Supreme Court led to conclusions that the confirmation process for Supreme Court nominees had been forever changed. Commentators speculated that future nominations would be characterized by intense media coverage, heavy interest group involvement, and the selection of either «stealth» nominees or non-controversial judicial moderates. This book examines the four subsequent nominations - David Souter, Clarence Thomas, Ruth Bader Ginsburg, and Stephen Breyer - to assess whether the Bork episode has had this long-term impact. Supreme Court Justices in the Post-Bork Era also focuses on the justices' actual performance on the Court in light of the confirmation process, and the author speculates about the future of Supreme Court confirmation politics.
Categories: Law

Confirmation Wars

Confirmation Wars

In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years.

Author: Benjamin Wittes

Publisher: Rowman & Littlefield Publishers

ISBN: 9781442201552

Category: Political Science

Page: 182

View: 861

In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.
Categories: Political Science

Congressional Record

Congressional Record

Author: United States. Congress


ISBN: UCBK:C063311723

Category: Law


View: 608

Categories: Law

Report of the Wisconsin Legislative Council

Report of the Wisconsin Legislative Council

The supreme court was assisted in its conclusions by the recommendations of
the “Committee for Promulgation of ... of the bill, the board would have the power,
reviewable by the supreme court, to reprimand judges and the power to hold
hearings ... On the ratification of a constitutional amendment giving the supreme
court the power to suspend or remove judges ... The commissioner probably
would work mainly with the criminal post-conviction remedies and appointment of

Author: Wisconsin. Legislature. Legislative Council

Publisher: Legislative Reference Bureau

ISBN: UOM:35112104802626

Category: Legislation


View: 350

Categories: Legislation

British Democracy

British Democracy

However, the Supreme Court that the Blair Labour government established
essentially just took over the existing superior court responsibilities of the ... In
2004, the House of Lords rejected the proposals for selection in the
Constitutional Reform bill. ... Here, the prime minister could nominate candidates
and a joint committee of both Houses of Parliament could carry out the job of

Author: Lewis Abbott

Publisher: Industrial Systems Research

ISBN: 9780906321522

Category: Political Science


View: 276

Modern parliamentary democracy first developed in Great Britain and Britons played a major role in spreading democracy around the world ¿ for example, through the Commonwealth. However, at the start of the 21st century, Britain itself was no longer a fully independent democratic country. As part of the European Union bloc, unelected and immovable foreign authorities determined a large part of its laws, policies, and taxes. Domestically meanwhile, such things as extra-parliamentary bureaucratic lawmaking, curbs on local political autonomy, moves from direct to indirect representation, and restrictions on the private funding and advertizing of political parties had diminished democracy. This study provides a detailed review of the main political independence and constitutional reform requirements for restoring and extending democracy in present-day Britain. CONTENTS: 1. THE RESTORATION & EXTENSION OF BRITISH DEMOCRACY: AN OVERVIEW OF THE MAIN REQUIREMENTS 2. NATIONAL POLITICAL INDEPENDENCE & DEMOCRACY: WITHDRAWAL FROM THE EUROPEAN UNION 3. THE REFORM OF PARLIAMENT & CENTRAL GOVERNMENT 4. JUDICIAL INDEPENDENCE & THE RULE OF LAW 5. THE LEGAL PROTECTION OF DEMOCRACY & FREEDOM: THE CASE FOR A NEW WRITTEN CONSTITUTION & BILL OF RIGHTS 6. THE RESTORATION OF LOCAL DEMOCRACY 7. ELECTORAL SYSTEM REFORM: INCREASING COMPETITION & VOTER CHOICE & INFLUENCE
Categories: Political Science