Analyzing the Selection Process of Judges in the United States

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This essay provides an overview of the selection process for judges in the United States, focusing on both federal and Supreme Court appointments. It details the roles of the President and the Senate in the nomination, vetting, and confirmation of judicial candidates. The process begins with the President nominating potential candidates, followed by hearings before the Senate Judiciary Committee and a vote by the full Senate. A majority vote is required for confirmation, after which the nominee takes an oath to uphold the Constitution and assumes office. The essay also highlights the lifetime tenure of judges, with exceptions for resignation, retirement, or impeachment. Presidential influence is primarily exerted through the appointment of judges who align with the ruling party's political ideologies. The document references key sources to support its analysis of the American judicial selection system.
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Selection Process of American Judges 1
SELECTION PROCESS OF JUDGES IN THE UNITED STATES OF AMERICA
By (Student’s Name)
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Selection Process of American Judges 2
Selection Process of Judges in the United States of America
Appointment of Federal Judges by the President
The constitution of the United States of America provides the selection process of a
federal judge. The President has the role of nominating potential candidates. The senate
judiciary committee holds a sitting regarding hearing of the nominees (Bonica, Jowei and
Tim 2015). After the hearing the senate votes. For a nominee to move to the next stage, they
must receive a majority vote of the United States senate. After successful confirmation by the
senate, the next step is taking of oath. The oath involves swearing to uphold the constitution
of the United States and all other laws. After a successful oath ceremony, the judge may
assume office. If a judge successfully goes through all these processes, they hold the position
for a lifetime. There are special instances however where a judge may lose their position. One
of the ways is if the judge resigns. The second is if they decide to retire. The third is when a
judge is impeached for misbehaviour (Lasser 2017).
Supreme Court Judge Selection Process
The appointment of a supreme judge is an issue of great significance in American
politics. This is because the supreme court is the highest in the land. It is also the highest
court of appeal. The procedure of selecting a judge is outlined in the constitution. This is the
“Appointment’s Clause” (article 2, section 2, clause 2). The president is vested with the
power to nominate potential candidates to fill open judgeships. After the nomination, the
nominees appear before the senate for vetting. The senate then votes. According to Fish
(2015), for a candidate to proceed to the next stage, they must receive a majority vote in the
senate. If the candidate receives a majority vote in the senate, they can proceed to the next
step of taking oath of office. During the oath they swear to abide by the constitution and all
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Selection Process of American Judges 3
other laws of the land. As Neubauer and Fradella (2018) observes, after a successful swearing
in process, the judge may assume office. Like the federal judges, supreme court judges also
assume the position for life. Appointment are usually infrequent since a vacancy may not
easily arise. One may arise however if a judge dies, retires, resigns, becomes incapacitated or
is impeached. The president is likely to appoint a member who agrees to the political
ideologies of the ruling party. In a nutshell, the power to select a supreme court judge is
shared by the president and the senate.
Other Presidential Influences on the Courts
Due to the current structure of the American court system, the president may not have
any other influence on the courts apart from that of nominating potential candidates. The
President may have some influence however, if they appoint a judge who subscribes to their
political ideologies. A perfect example would be the dramatic changes observed when
Abraham Lincoln appointed 5 new supreme court judges during the American civil war.
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Selection Process of American Judges 4
References
Bonica, A., Jowei, C. and Tim, J., 2015. Senate Gate-Keeping, Presidential Staffing of"
Inferior Offices," and the Ideological Composition of Appointments to the Public
Bureaucracy. Quarterly Journal of Political Science, 10(1), pp.5-40.
Fish, P.G., 2015. The Politics of Federal Judicial Administration. Princeton University Press.
Lasser, W., 2017. The limits of judicial power: The Supreme Court in American politics.
UNC Press Books.
Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
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