Article II of the U.S. Constitution, Essay Example

Article II of the U.S. Constitution gives the American President the authority to appoint Judges and Justices to the Supreme Court with the advice of the United States Senate. The Senate Judiciary Committee will have a hearing then the Senate will confirm the nomination as seen with the nomination of Judge Sotomayer on August 6, 2009. On Day One there are opening statements from the Senate, the Judge and the Witnesses as well as prepared statements. On Day 2 and 3 there are further deliberations. On Day 4 there are further Witness List and Prepared Statement presentations. The Senate Roll calls for a vote after all these steps are taken. Approximately 85% of justices were voted on during the periods of 1789-1957 as per the Senate.gov page/Nominations. Only about 2% of justices that were voted on during that period were rejected. Only about 1% of justices during that period withdrew. John Spencer, John Rutledge and William Hornblower all were rejected during this period. Rutledge was Republican and the other two were Democratic.

A party will favour voting in a way that is similar to what the House or Senate votes because the majority exists. Therefore if a Democratic party member nominates a justice they will favour voting the way the democratic members vote in the Senate to keep their position in the Senate or House. The Federalist Paper No 76 states that one man can better rule a nation than a group of persons. It is not distinguished by a certain party though but by a separation of powers.

The Separation of Powers of the Legislative, Executive and Judicial is a check and balance system in itself because in a true democracy there is a true separation between these three branches unlike our sister country the United Kingdom where there is an overlapping of the legislative and executive forming a form elective dictatorship. There have been only nine nominee rejections in the fate of American history. Only during congressional recess may the President make nominations and changes without the advice of the Congress. Myers v United States held that the Congress is necessary to mandate appointments but not necessary for the removal of appointments. Further checks and balances in the Senate come through the fact that the President needs a 2/3 vote to ratify a treaty. The House of Representatives has the authority to impeach federal officials for crimes such as treason, bribery, other high crimes and misdemeanours. Andrew Jackson and Bill Clinton were both impeached in the history of the United States.

As the process in Article 2 of the U.S. Constitution is laid out to provide a check and balance system to make a fair and equitable government. The nomination is largely influenced by the executive and legislative branches. After the President nominates the candidate, the Senate must confirm the nominee. The Senate Judiciary Committee must approve the investigation. There is great importance on the investigation and approval roles because Supreme Court Justices hold their role for life. Only retirement, resignation or death can remove them from office. This nomination process is often very temperamental and stressful and must be made with great concentration and thought. The nominee’s viewpoints and future thoughts are considered through questionnaires and hearings to decide if they are the best fit for the appointment. The permanency of the position is what makes this appointment a very important role.