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Courts I: The President as a Constraint on the Judiciary
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  1. Courts I:The President as a Constraint on the Judiciary

  2. 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

  3. Constitutional Relationship “He shall take Care that the Laws be faithfully executed” --Article II Section 3

  4. Presidents’ Controls Over the Judiciary • Nominations • Court packing? • Enforcement of court orders

  5. Judicial Nominations

  6. 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

  7. Court packing?

  8. 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!