Constitutional design gives the president and Senate shared federal judicial appointment power

Evidence

Article II of the Constitution grants the president the power to appoint federal judges, including Supreme Court justices, with the advice and consent of the Senate. Alexander Hamilton argued in Federalist Paper No. 76 that this system of shared responsibility has several advantages. The appointment of judges by a single person secures better judgment, imparts a greater sense of responsibility for the choice, and ensures that there will be “fewer personal attachments to gratify” in selecting judges. Senatorial confirmation of appointees serves as “an excellent check upon a spirit of favoritism in the President” and, more generally, encourages the president to appoint only highly qualified persons. — G. Alan Tarr, Judicial Process and Judicial…, 646

Categorization

• DEFINE: Explains the constitutional foundation of the advice-and-consent process governing all federal judicial appointments.
• XREF: connects to: Senate initiations and presidential involvement in appointments vary by court level — G. Alan Tarr, Judicial Process and Judicial…, 650; Divided government and partisan payback slash judicial confirmation rates, leaving many vacancies. — G. Alan Tarr, Judicial Process and Judicial…, 688; A justice’s rulings can depart radically from what the appointing president expected — G. Alan Tarr, Judicial Process and Judicial…, 752 (+6 more)

Broader Connections

• Black argues that the Senate is obliged to inquire into the same matters regarding a nominee as does the President; how else could it give either its advice or its genuine consent to a decision,… #expands (0.85)