Hamilton defended single-person judicial appointment checked by Senate confirmation.
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…, 457
Categorization
- DEFINE: Sets up the constitutional framework the course will study for judicial selection.
- XREF: Connects to Federalist No. 76 themes of institutional design and shared power. — connects to: A single senator’s party defection can shift control of judicial confirmations. — G. Alan Tarr, Judicial Process and Judicial…, 503
Broader Connections
- A single senator’s party defection can shift control of judicial confirmations.
#complicates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 503