Courts i the president as a constraint on the judiciary
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Courts I: The President as a Constraint on the Judiciary PowerPoint PPT Presentation


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Courts I: The President as a Constraint on the Judiciary. Constitutional Relationship. “And he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint …Judges of the supreme Court, and all other Officers of the United States…” Article II, Section 2.

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Courts I: The President as a Constraint on the Judiciary

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Courts i the president as a constraint on the judiciary

Courts I:The President as a Constraint on the Judiciary


Constitutional relationship

Constitutional Relationship

“And he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint …Judges of the supreme Court, and all other Officers of the United States…”

  • Article II, Section 2


Constitutional relationship1

Constitutional Relationship

“He shall take Care that the Laws be faithfully executed”

--Article II Section 3


Presidents controls over the judiciary

Presidents’ Controls Over the Judiciary

  • Nominations

  • Court packing?

  • Enforcement of court orders


Judicial nominations

Judicial Nominations


What makes a judicial nomination more likely to be stopped by the senate

What makes a judicial nomination more likely to be stopped by the Senate?

  • Nominee’s Ideology

  • Divided government

  • Ideological balance on the court

  • Race and gender issues

  • Irrelevant political fights

  • Ethical issues

  • Disputes over qualifications


Court packing

Court packing?


President enforces the court s decisions

President enforces the Court’s decisions?

  • No:

    • Worcester v. Georgia

    • Ex Parte Merryman

  • Threatened no:

    • Marbury vs. Madison

    • Mississippi vs. Johnson

  • Yes:

    • Brown v. Board of Education

    • US v. Nixon

    • Most cases!


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