Changes

Economists say that the outcome of every presidential election can be predicted by how well the economy is doing on Election Day.  Can the [[President of the United States of America|president]] control the economy?  Not completely, but he can have an influence.  Voters will reelect him if the economy is doing well, and elect someone else if it is doing poorly.

Economists say that the outcome of every presidential election can be predicted by how well the economy is doing on Election Day.  Can the [[President of the United States of America|president]] control the economy?  Not completely, but he can have an influence.  Voters will reelect him if the economy is doing well, and elect someone else if it is doing poorly.

The [[President of the United States of America|president]] does have the power to make appointments, particularly to the judiciary.  He nominates new judges, especially those needed to fill vacancies on the Supreme Court.  These judges can serve for the rest of their lives, and thus can hold power for over 30 years or more.  [[President of the United States of America|President]] Lyndon Johnson left office 35 years ago, yet one of his appointed judges wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  Chief Justice Rehnquist was appointed by [[President of the United States of America|President]] Richard Nixon over 30 years ago, and still sits on the Supreme Court.

The [[President of the United States of America|president]] does have the power to make appointments, particularly to the judiciary.  He nominates new judges, especially those needed to fill vacancies on the [[U.S. Supreme Court|Supreme Court]].  These judges can serve for the rest of their lives, and thus can hold power for over 30 years or more.  [[President of the United States of America|President]] Lyndon Johnson left office 35 years ago, yet one of his appointed judges wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  Chief Justice Rehnquist was appointed by [[President of the United States of America|President]] Richard Nixon over 30 years ago, and still sits on the [[U.S. Supreme Court|Supreme Court]].

The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

'''II. Appointment Power'''

'''II. Appointment Power'''

Today people view the appointment power of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill Supreme Court vacancies and lower federal court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a Supreme Court justice can serve 35 years or more.

Today people view the appointment power of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower federal court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 years or more.

But a vacancy on the Supreme Court must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single Supreme Court vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the Senate.  A majority vote in the Senate is necessary to confirm a federal judge to the Supreme Court or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the Senate after some heated debate.

But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the Senate.  A majority vote in the Senate is necessary to confirm a federal judge to the [[U.S. Supreme Court|Supreme Court]] or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the Senate after some heated debate.

The Senate’s defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the Supreme Court in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

The Senate’s defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

[[President of the United States of America|President]] Bush will likely complete his current term without picking a single Supreme Court justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a Republican [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] Bush talked him out of retiring in the hopes that Republicans will have greater power in the Senate after the 2004 elections, and that Bush will still be in power.  This is risky: libreal Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of Republican control of the White House.  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] Bush’s term, and their spots were filled by Justices Souter and Thomas.

[[President of the United States of America|President]] Bush will likely complete his current term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a Republican [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] Bush talked him out of retiring in the hopes that Republicans will have greater power in the Senate after the 2004 elections, and that Bush will still be in power.  This is risky: libreal Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of Republican control of the White House.  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] Bush’s term, and their spots were filled by Justices Souter and Thomas.