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eBook details

• Title: Judicial Appointments: Checks and Balances in Practice. (Separation of Powers in American Constitutionalism)
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 264 KB

Description

Much could be said about the intersection of judicial appointments and the subject of this Symposium, the separation of powers. My own view of how the executive and legislative branches interact and share power when selecting judges to fill the federal courts is very practical. This Essay focuses not on how the two branches should relate in an academic or idealistic sense, but on how they do relate, based on my personal observations. I first watched this interbranch relationship in action when I assisted with judicial nominations as a lawyer in the White House Counsel's Office at the beginning of President George W. Bush's first term and later as the Assistant Attorney General for Legal Policy in the Justice Department, where my office shepherded judicial nominees through the confirmation process. The public tends to focus on the President's role in choosing judicial nominees and on the Senate's role in approving or vetoing them after nomination, but the process is an exercise in power sharing well before a nomination is made. In practical (as opposed to constitutional) terms, the home-state senators are almost as important as--and sometimes more important than--the President in determining who will be nominated to a particular lower-court judgeship. Senate procedure and tradition effectively give individual senators veto power over nominations for judgeships located in their respective states.

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