Changes

'''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 [[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.

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 [[year]]s, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 [[year]]s or more.

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]] [[Jimmy Carter |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 [[United States Senate|Senate]].  A majority vote in the [[United States Senate|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 of the United States of America|Chief Justice]] when [[Chief Justice of the United States of America|Chief Justice]] Warren Burger retired, and that promotion was approved by the [[United States Senate|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]] [[Jimmy Carter |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 [[Sandra Day 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 [[United States Senate|Senate]].  A majority vote in the [[United States Senate|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 [[William Rehnquist]] to become [[Chief Justice of the United States of America|Chief Justice]] when [[Chief Justice of the United States of America|Chief Justice]] [[Warren Burger]] retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated [[debate]].

The [[United States Senate|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.

The [[United States Senate|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 [[senator]]s 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]] [[George W. Bush|Bush]] completed his first term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  That was surprising because several vacancies were expected.  [[Chief Justice of the United States of America|Chief Justice]] Rehnquist in particular, nearly 80 years old, was expected to step down so that a [[Republican Party|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]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the 2004 elections, and that [[George W. Bush|Bush]] will still be in [[power]].  This is risky: [[liberal]] Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] [[Jimmy Carter|Carter’s]] term, but then faced 12 long years of [[Republican Party|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]] [[George W. Bush|Bush’s]] term, and their spots were filled by Justices Souter and Thomas.

[[President of the United States of America|President]] [[George W. Bush|Bush]] completed his first term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  That was surprising because several vacancies were expected.  [[Chief Justice of the United States of America|Chief Justice]] [[Rehnquist]] in particular, nearly 80 years old, was expected to step down so that a [[Republican Party|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]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the 2004 elections, and that [[George W. Bush|Bush]] will still be in [[power]].  This is risky: [[liberal]] Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] [[Jimmy Carter|Carter’s]] term, but then faced 12 long years of [[Republican Party|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]] [[George W. Bush|Bush’s]] term, and their spots were filled by Justices Souter and Thomas.

But if that was the calculated gamble, it paid off.  President [[George W. Bush]] was reelected, and then had the opportunity to fill two vacancies in his second term, including a vacancy resulting from the death of Chief Justice [[William Rehnquist]].  By all accounts, both of President Bush's appointments to the [[U.S. Supreme Court]] were conservative:  [[John Roberts]], who became the Chief Justice in replacing [[William Rehnquist]], and [[Sam Alito]], who replaced Justice [[Sandra Day O'Connor]] after she retired.

But if that was the calculated gamble, it paid off.  President [[George W. Bush]] was reelected, and then had the opportunity to fill two vacancies in his second term, including a vacancy resulting from the death of Chief Justice [[William Rehnquist]].  By all accounts, both of President Bush's appointments to the [[U.S. Supreme Court]] were conservative:  [[John Roberts]], who became the Chief Justice in replacing [[William Rehnquist]], and [[Sam Alito]], who replaced Justice [[Sandra Day O'Connor]] after she retired.