Courts i the president as a constraint on the judiciary
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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

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



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? by the Senate?


President enforces the court s decisions
President enforces the Court’s decisions? by the Senate?

  • 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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