Panther
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My Heart beats True for the Red White & Blue...
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longweekend58 wrote on Apr 23 rd, 2017 at 6:26pm: what a load of garbage. What rational, democratic person - eg the 'founding fathers' - who literally fought a war against undemocratic institutions would intend for an unelected, unsupervised body such as SCOTUS to be political???
idiot Surprise.....surprise.... A Political Process or not?
That's the question.Source: U.S. Constitution Article 2, Section 2 Quote:Article 2 Section 2:
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. The above is the length & breath of the process where a potential Supreme Court Judge is nominated, & eventually confirmed or rejected for a life long post as Associate Justice of the Supreme Court of the United States.
Read it over & over if you will....
This is the only section in the entire document that contains or describes the process for nominating & confirming a candidate for Justice of the Supreme Court
Nowhere will you find any limitations, criteria, or qualifications a potential Supreme Court Justice must satisfy in order to sit on America's Supreme Court for life.
So, what is the process?
First: When a vacancy takes place in the Supreme Court the President of the United States, & only the President of the United States shall nominate someone to fill that vacancy.
Second: The Senate of the United States (there are 100 Senators...Two (2) from every one of the 50 States) must confer & deliberate the President's Nomination, & together with their advice & consent, either confirm or reject the Presidents Nominee. Once a nominee is confirmed by the US Senate, the new Justice to the Supreme will be sworn in, & he/she will start his/her duties immediately thereafter.
So, again, the question......is the process, as written by the Founding Fathers, a Political Process?
The President of the United States is the only person who can nominate anyone to the position of Justice to the Supreme Court. The President of the United States is chosen, & elected to his office by a Political Process. Therefore, it would be logically understood & concluded that any actions he takes while holding office will be understood as political in nature.
Now, who else is involved in the process?
The US Senate, through their advice & consent, all 100 US Senators must vote to confirm or reject the Presidents Nomination.....
Each of the Senators themselves are elected into their office through a political process, or on rare occasion, politically appointed by the State they are representing.....another political appointment/process.
The conferring, & subsequent deliberation of the US Senate on the issue of confirming or rejecting the President's nominee is all done via a political process in Senate Chambers....where votes are taken & recorded.
So, based on the above, the question is....is the choosing, nomination, & confirmation of someone as Justice of the Supreme Court of the United States of America a Political Process?
Based on the above, & based on the United States Constitution, as written by the Founding Fathers of the United States......there can be but one answer.
Yes, the choosing, nomination, & confirmation of someone as Justice of the Supreme Court of the United States of America is absolutely a Political Process.
Also, the President of the United States can nominate any living person as a prospective Justice of the US Supreme Court....there are no prerequisites, no age limits, the nominee need not even be a judge, or served in any court......they don't even need to be a US citizen.... Prior to 1950 the majority of Supreme Court Judges were not federal judges themselves, nor did they serve in any Court of Law.
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