Supreme Court Justice Selection Criteria

Supreme Court Justice Selection Criteria Who selects United States Supreme Court justices and by what criteria are their qualifications evaluated? The President of the United States nominates prospective justices, who must be confirmed by the U.S. Senate before being seated on the court. The Constitution lists no official qualifications for becoming a Supreme Court justice. While presidents typically nominate people who generally share their own political and ideological views, the justices’ are in no way obligated to reflect the president’s views in their decisions on cases brought before the court. The president nominates an individual to the Supreme Court when an opening occurs.Typically, the president picks someone from their own party.The president usually picks someone who agrees with their judicial philosophy of either judicial restraint or judicial activism.The president might also choose someone of a varied background in order to bring a greater degree of balance to the court.The Senate confirms the presidential appointment with a majority vote.While it is not a requirement, the nominee typically testifies before the Senate Judiciary Committee before being confirmed by the full Senate.Rarely is a Supreme Court nominee forced to withdraw. Currently, of the more than 150 people nominated to the Supreme Court, only 30 - including one who was nominated for promotion to Chief Justice - have either declined their own nomination, been rejected by the Senate, or had their nomination withdrawn by the president. The latest nominee to be rejected by the Senate was Harriet Miers i n 2005. The President's Selections Filling vacancies on the Supreme Court of the United States (often abbreviated as SCOTUS) is one of the more significant actions a president can take. The U.S. presidents successful nominees will sit on the U.S. Supreme Court for years and sometimes decades after the presidents retirement from political office. Compared to the appointments the president makes to his (or her- currently all U.S. presidents have been male although that surely will change in the future) Cabinet positions, the president has a great deal of latitude in selecting justices. Most presidents have valued a reputation for selecting quality judges, and typically the president reserves the final selection for himself rather than delegating it to his subordinates or political allies. Perceived Motivations Several legal scholars and political scientists have studied the selection process in depth, and find that each president makes his choices based a set of criteria. In 1980, William E. Hulbary and Thomas G. Walker looked at the motivations behind presidential nominees to the Supreme Court between 1879 and 1967. They found that the most common criteria used by the presidents to select Supreme Court nominees fell into three categories: traditional, political, and professional. Traditional Criteria acceptable political philosophy (according to Hulbary and Walker, 93% of the presidential nominees between 1789–1967 were based on this criterion)geographical balance (70%)the right age- appointees in their mid-50s, old enough to have proven records and yet young enough to serve a decade or more on the court (15%)religious representation (15%) Political Criteria members of his own political party (90%)placate certain political interests or improve the political climate for the presidents policies or personal political fortune (17%)political payoffs for groups or individuals who have been crucial to the presidents career (25%)cronyism, people with whom the president has a close political or personal relationship (33%) Professional Qualifications Criteria individuals with distinguished credentials as practitioners or scholars of law (66%)superior records of public service (60%)prior judicial experience (50%) Later scholarly research has necessarily added gender and ethnicity to the balance choices, and the political philosophy today often hinges on how the nominee feels about the Constitution. But the main categories are still clearly in evidence. Kahn, for example, categorizes the criteria into Representational (race, gender, political party, religion, geography); Doctrinal (selection based on someone who matches the political views of the president); and Professional (intelligence, experience, temperament). Rejecting the Traditional Criteria Interestingly, the best performing justices- based on Blaustein and Mersky, the seminal 1972 ranking of Supreme Court justices- were those that were chosen by a president who did not share the nominees philosophical persuasion. For example, James Madison appointed Joseph Story and Herbert Hoover selected Benjamin Cardozo. Rejecting other traditional requirements also resulted in some great choices: justices Marshall, Harlan, Hughes, Brandeis, Stone, Cardozo, and Frankfurter were all chosen despite the fact that people on the SCOTUS were already in those regions. Justices Bushrod Washington, Joseph Story, John Campbell, and William Douglas were too young, and L.Q.C. Lamar was too old to fit the  right age criteria. Herbert Hoover appointed the Jewish Cardozo despite there already being a Jewish member of the court- Brandeis; and Truman replaced the vacant Catholic position with the Protestant Tom Clark. The Scalia Complication The death of long-time Associate Justice Antonin Scalia in February 2016 set off a chain of events that would leave the Supreme Court facing the complicated situation of tied votes for over a year. In March 2016, the month after Scalia’s death, President Barack Obama nominated D.C. Circuit Judge Merrick Garland to replace him. The Republican-controlled Senate, however, argued that Scalia’s replacement should be appointed by the next president to be elected in November 2016. Controlling the committee system calendar, Senate Republicans succeeded in preventing hearings on Garland’s nomination from being scheduled. As a result, Garland’s nomination remained before the Senate longer than any other Supreme Court nomination, expiring with the end of the 114th Congress and President Obama’s final term in January 2017. On January 31, 2017, President Donald Trump nominated federal appeals court Judge Neil Gorsuch to replace Scalia. After being confirmed by a Senate vote of 54 to 45, Justice Gorsuch was sworn in on April 10, 2017. In total, Scalia’s seat remained vacant for 422 days, making it the second longest Supreme Court vacancy since the end of the Civil War. Updated by Robert Longley Sources Blaustein AP, and Mersky RM. 1972. Rating Supreme Court Justices. American Bar Association Journal 58(11):1183-1189.Hulbary WE, and Walker TG. 1980. The Supreme Court Selection Process: Presidential Motivations and Judicial Performance. The Western Political Quarterly 33(2):185-196.Kahn MA. 1995. The Appointment of a Supreme Court Justice: A Political Process from Beginning to End. Presidential Studies Quarterly 25(1):25-41.Segal JA, and Cover AD. 2014. Ideological Values and the Votes of U.S. Supreme Court Justices. American Political Science Review 83(2):557-565.Segal JA, Epstein L, Cameron CM, and Spaeth HJ. 1995. Ideological Values and the Votes of U.S. Supreme Court Justices Revisited. The Journal of Politics 57(3):812-823.

9.1 Select and Discuss an Image Coursework Example | Topics and Well Written Essays - 500 words

9.1 Select and Discuss an Image - Coursework Example As can be depicted from the art, it was able to portray John Sloan adherence to realism and hence socialism. The central focus of the art is the beach with the people in it, most probably depicting the behavior of people inside; consequently, showing the realist nature. His preference for expression of what is happening in the contemporary settings, as can be seen by the woman touching her hat, in the middle ground. The other people, still in the middle ground have turned their focus on the woman, appreciatively, as they continue lounging on the beach sand. They embrace each other with joy and passion, as can be seen by those women supporting themselves on the men. Intuitively, the artist constructively uses women in his piece as objects of desire in the society. He depicts the ability of different genders to interact with one another with a recommendable touch, within our contemporary world. The use of happy women in the picture also portrays Sloan’s realism view about the modern New Yorkers. One can assume that the women in the middle ground are happy beside the male characters because of the presented gleeful atmosphere. This insinuates the new independence found within the New York residence that makes them interact freely with each other. Just like realist before him, he was able to capture the essence of independence found in the urban life. Nonetheless, the artist also depicts beauty of urban life in his art. They are wearing gleaming hats which fits them in a glamorous manner. Further, the women have also worn dresses which discern the curves and beauty of their bodies, as shown by the one adjusting he art. The realism nature of the piece also comes out when accessing the artist’s ability to depict urban genre scenes. As aforementioned, the beach had few visitors at the time; he makes use of dark palette, bold and sketch brushwork to give the island park an

Impact of nationalism on america Essay Example | Topics and Well Written Essays - 1250 words

Impact of nationalism on america - Essay Example The actions that the members of a nation take when seeking to attain (or sustain) self-determination (â€Å"What is Nationalism?†). The nationalism brings up questions about the concept of nation which is usually defined in the terms of common ethnicity, origin or cultural ties. While an individual’s membership in a nation is oftentimes considered as voluntary. It also bring forth questions about whether or not self-determination should be understood as necessitating having complete statehood with complete authority over the domestic and international associations. Nationalism arises from the idea that the nation, in contrast to the nation—state is formant of aboriginal people to an area. It is also the longest-lasting and most prudent government. Nationalism was the most powerful and successful political force of the 19th century which emerged from two main sources which were the Romantic Exaltation of ‘feel’ & ‘Identity’ and the libera l requirement that a legitimate state be based on ‘people’ instead of a dynasty e.g. God or imperial supremacy. Both these movements were middle class movements. (â€Å"What is nationalism?†). The pros of nationalism are many. One of the main factors of nationalism is that it sets a sense of unity among the groups of nation no matter with which country it belongs to. It gives a feeling of belonging as people tend to work for the betterment of the state which lets people come together with common interests and achieve their ultimate goals. Nationalism also serves to unite a group of people, enabling them to make economic, political, and social progress. Unluckily however, nationalism has many cons too. It can often cause divergence between various nations, leading to war. When nationalism leads nations towards aggressiveness and certitude it leads nations towards destruction. The cons also include risking isolation from other groups of people who do not share the same land, and not profiting from their capability and goodwill. Over the past 10 years, a new nationalist movement has come into sight and gained huge strength in United States of America. It’s the new ‘white nationalist’ movement which brought the potential to disturb the already frail race relations. Shunning violence, this movement seeks to expand its influence primarily through the persuasion & argument embattled at the white Americans aggrieved over racial double standards, high black-on-white crime rates, and race based affirmative action policies. The new white American nationalism movement has been energized by advocacy of multiculturalism as well. Some of the many names of the white nationalists that we know about today are Don Black, David Duke, Paul Fromm, Norman Lowell, Robert Jay Mathews, Revilo P. Oliver and William Luther Pierce. Due to the emphasis on the group self determination; multiculturism has brought white nationalists with justification f or advocating a corresponding form of white camaraderie. The members of white nationalism are different from the other nationalism groups and are cultured, intelligent and usually hold impressive academic degrees from America’s premier colleges and universities. This new breed of white racial advocate is a far cry from the populist politicians and hooded Klansmen of the Old South who fought the losing combats for separation and white superiority. History has seen many countries suffering from the effects of nationalism; it has brought

Confucius and Plato Essay Example for Free

Confucius and Plato Essay Editor Ken Wolf, at the beginning of the essay Confucius and Plato: A Few Really Good People, poses the question: â€Å"What is the best way to create a strong society? † (Wolf 25) It was surprising to a novice student of philosophy how similar the ideas of the ancient Chinese sage Confucius and famous Greek philosopher Plato were. Although, Confucius and Plato both made major contributions to the development of society, they showed both similarities and differences in these three subjects: ruling class, education, and faith in humanity. Confucius and Plato both believed virtue and intelligence were key components to creating a strong society. Confucius thought anyone who has been educated had the capability to develop into a ruler. Whereas Plato assumed anyone could be educated, but only a few, those in the ruling class had the ability to reason and thus were qualified to rule. In addition, Plato gave credence to the idea of being born into the ruling class, that the quality to reason was an inherited quality. Confucius and Plato were both strong believers that order was another main factor in a strong society. Although they both had laws to maintain the order, Plato had less faith in people in general to behave in a civilized manner. Both Confucius and Plato were in favor of education and were teachers themselves. Confucius’s followers were the ones who wrote the Analects, which talked about how civilization depends on â€Å"humanity† and â€Å"propriety†. Plato actually wrote The Republic which talked about his ideal â€Å"philosopher-king†. Plato established the Academy, which taught principles of ethics and government, for 900 years. Confucius attempted to teach the ruler to become a better person, but failed. The concepts put forth by Confucius and Plato begin to differ more when faith in humanity comes into play. Confucius and Plato both wanted to think there was good in everyone, but Confucius believed more in a â€Å"†¦society in which human relationships—especially those within the family—were more important than laws. † (Wolf 27) Plato concluded that the people needed to be controlled for there to be order. That control was maintained through the law. They both sought out peace and harmony, although Confucius focused more on the behavior of individuals and Plato was interested in universal truth even though it probably would not be accepted,. Plato felt that if a person tried to bring enlightenment to the masses â€Å"†¦they would probably try to kill to him for telling such tall tales, disrupting their lives and challenging their accustomed beliefs. † (Wolf 31) Even today, most people would agree with Confucius and Plato about the importance of educating people in the development of a strong society. The idea of relationships as the basis of society may be summed up in: â€Å"Do unto others as you would have them do unto you. † This Golden Rule seems to be as important to Western society as it was to Chinese society. However, the idea of a better quality of citizen that is better suited to lead society smacks of elitism and would definitely not be accepted in modern democracies. However, that does not mean that the elite educated class from Harvard and Yale has not been overrepresented in American leadership. So perhaps we have a ruling elite, but not as overt as Plato would like. A final thought from the essay would be: a harmonious and orderly existence is important to all societies.

David Copperfield by Charles Dickens Essay -- English Literature

David Copperfield by Charles Dickens "David Copperfield" charts a little boy's wretched childhood and his progress to a successful novelist and his finding true love along the way. The author made a romantic effort to be realistic and thus captured the essence of all parts of human life in the pages of this book. David Copperfield is the main character of the novel, but he is not the hero of the novel. David, a fatherless child born in a little village in Victorian England is deeply attached to his mother and his nurse Peggotty. His world turns upside down when his mother marries a man by the name of Murdstone. The pain that his stepfather and his "murdering woman of a sister" inflict upon David leads to his untimely loss of innocence. David is sent to "Salem House" a school where he is forced to live under the brutal regime of Mr. Creakle. Soon he loses his beloved mother and is "provided for" by his stepfather to work as a labourer at a warehouse in London. David feels his "hopes of growing up to be a learned and distinguished man crushed" in his bosom. Disguste...

Medication in health and social care Essay

The report that follows is a review of the final report from the LA, that I will present in the next team meeting. In the discussion I will refer mostly at the National Standards regarding the administration of medication (current UK standards and current legislation, national enquiries). To produce a good report, I need to include the risks of medication to service users, staff and organisation using examples from our context. In order to achieve the best results for my promotion, I need to structure clearly my report in such a manner that invites team members to express their opinion and to bring useful contribution through examples, for the best interest of our organisation. Good practice in the administration of medication is essential for users of health and social care services. For that, the social workers need to know the National standards requirements regarding the administration of medicines and the principles and policies on medicines handling and records. see more:who is responsible for medication in a social care setting Handling of medication requires knowledge on ordering, maintaining, administration, storage, recording and disposal of medication; the National standards refer to current standards and legislation, codes of practice and policies, national enquiries, ethical issues and risks for the service user. The current legislation that apply to the handling of medication comprises: The Medicine Act 1968, The Misuse of Drugs (Safe Custody) Regulations 1973, The Health and Safety at Work Act (1974), The Control of Substances Hazardous to Health Regulations (1999) (COSHH), Hazardous Waste Regulations (2005). All care organisations and nursing services are regulated and inspected by the Care Quality Commission (CQC), and they must comply with the Care Standards Act 2000 and the National Minimum Standards. From the National Minimum Standards (NMS), the legislation that refers the most to the specific needs of our organisation regarding the medication is the Standard 9 of the NMS for care homes for ol der people, which gives information to the staff about the procedures of recording, storage, handling, administration and disposal of medicines, and also to the service users in concerns of their responsibility and risks for taking their own medication. Our organisation provides services for vulnerable people from diverse backgrounds, such as people with mental problems, with mental difficulties, and people with acquired brain damage. The mental condition of our clients imposes to the staff to be very careful  regarding the management of medicines and the risks associated with unsafe use of medication. First of all, the staff needs to have the necessary knowledge about medicines and the classification of medicines. Some of them, like Oramorph Concentrated Solution or Morphine, are very dangerous Controlled Drugs, so the care workers need to know the medicines indications, the necessary dosages and the side effects. The controlled Drugs must be kept in a locked metal cupboard and it can be administered by appropriately trained staff or by a registered nurse, in case that the patients receives nursing care. Older people can take several medications and errors can happen; to avoid any misuse of medicine, there should be kept a record of current medication for each service user. Regarding the Controlled Drugs, there is a register where there are recorded information about their administration and disposal. In the case that the staff monitoring the patients seizes any change in their condition, they need to announce the GP in order to review the medication. Between our patients, there are few that take their own medication, so we need to ensure that we provide them the necessary information in understanding their medical prescription properly. However, having in view that they have learning difficulties, they are assessed and monitored all the time in order to ensure that the process of taking their medicine is done accordingly.

Marquis De Lafayette A French General And Hero Of The...

Marie Joseph Paul Yves Roch Gilbert du Motier or Marquis de Lafayette was a French general and hero of the American Revolution. Excited by the ideas of the American Revolution, Lafayette served alongside General George Washington during the revolution. Often known as a â€Å"hero of two worlds†, Lafayette gained much of his fame by successfully co-leading the American forces in the siege of Lord Cornwallis’ British armies at Yorktown. This success is what helped America win the Revolutionary War, by forcing the British to surrender and grant America their freedom. Marquis de Lafayette was born into the Mortier family, a family of French aristocrats, on September 6, 1757, in Chavaniac, France. When Lafayette was only two years old, his father was killed in a battle during the Seven Years War. Then, in 1770 Lafayette lost his mother, along with his grandfather a few weeks later. Consequently, 12 year old Lafayette inherited a majority of his family’s wealth. 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