Judicial Appointments and Democratic Controls

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Last edited by MARC Bot
November 13, 2020 | History

Judicial Appointments and Democratic Controls

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The Constitution provides that the president ''shall nominate, and by and with the advice and consent of the Senate, shall appoint'' federal judges, but that language is not precise and leaves much to the imagination. At various points in time Congress and the president have battled over how to exercise joined responsibility in making judicial appointments. Some argue that the founding fathers would have found the increased tension between the branches in recent decades regrettable as it has lead to political posturing and too great a focus on ideological concerns. Sollenberger disagrees and believes that the framers intentions are still well maintained in the modern judicial appointment process. He contends that Congress and the president have been guided by republican values and structural protections intended by the Constitution. These elements constitute the democratic controls that have helped the political branches give meaning to the Constitution by shaping the judicial appointment process. Changes over the years that have given elected officials greater ability to review judicial candidates records and qualifications to office, Sollenberger argues, is well within the framework of the Constitution and meets the intent of the framers. In presenting his thesis, Sollenberger delves into all stages of the judicial appointment process analyzing Congress s power to create and abolish offices, place qualifications on office holding, give advice and recommend candidates, and generally provide detailed scrutiny and review of all judicial nominations. Each chapter presents one part of the judicial appointment process analyzing its development overtime and showing how democratic controls have strengthened the overall system.

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Edition Availability
Cover of: Judicial Appointments and Democratic Controls
Judicial Appointments and Democratic Controls
2011, Caolina Academic Press, Carolina Academic Press, Brand: Carolina Academic Press
Paperback

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Book Details


Table of Contents

Introduction
Congress and the Federal Courts
Textual direction
Judiciary Committee
Senate floor action
Reform proposals
Conclusions

Edition Notes

Published in
Durham, USA

Classifications

Dewey Decimal Class
347.73
Library of Congress
KF8776 .S685 2011, KF8776.S685 2010

The Physical Object

Format
Paperback
Pagination
ix, 273 p.
Number of pages
284
Dimensions
26 x x centimeters

ID Numbers

Open Library
OL24595376M
ISBN 13
9781594607851
LCCN
2010036937
OCLC/WorldCat
520515262

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History

Download catalog record: RDF / JSON
November 13, 2020 Edited by MARC Bot import existing book
January 24, 2011 Edited by Tina Dalton Edited without comment.
January 24, 2011 Edited by Tina Dalton Edited without comment.
January 24, 2011 Created by Tina Dalton Added new book.