Does the Senate approve presidential nominations?
Article II section 2 of the Constitution states that the Presidents "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court..." U.S. Const. art. 2 § 2, cl. 2. Show
The Process
Resources on the Nomination Process
Nomination Hearings of the Justices
Confirmation FailuresAccording to Henry B. Hogue in his CRS Report, Supreme Court Nominations Not Confirmed, 1789-August 2010, there were 160 presidential nominations to the Court between 1789 and 2010, 36 nominations failed to win confirmation from the Senate. The 20th Century saw six confirmation failures, and they were: John J. Parker nominated by President Hoover in 1930, Abe Fortas nominated to be Chief Justice by President Lyndon Johnson in 1968, Homer Thornberry nominated by President Lyndon Johnson in 1968, Clement F. Haynsworth Jr. nominated by President Nixon in 1969, G. Harrold Carswell by President Nixon in 1970, Robert H. Bork by President Reagan in 1987, John G. Roberts, Jr ., nominated by President George W. Bush in 2005 (his nomination to Associate Justice was withdrawn so that President Bush could nominate him to be Chief Justice) and Harriet E. Miers, also nominated by President Bush in 2005. The following resources suggest the reasons behind failed confirmations as well as charts listing brief information for all the failed confirmations:
Who approves the nominations made by the president?Article II, Section 2 of the Constitution grants the President of the United States the power to nominate, and with the advice and consent of the Senate, appoint individuals to certain positions laid out in the Constitution and in subsequent laws.
Does the Senate have to approve presidential appointments?The United States Constitution provides that the president "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 ...
Can the Senate approve or reject presidential appointments?Except by unanimous consent, the Senate cannot vote on nominations the day they are received, and most are referred immediately to committees.
Who gets to confirm a President's nominations to the Supreme Court?This clause, commonly known as the Appointments Clause, is one example of the system of checks and balances inherent in the Constitution. The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment.
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