“Equal Justice Under Law” – this inscription is written above the main entrance of the
Supreme Court building, proclaiming that every case and individual will be judged according
to the same principles. Members of the court have the duty to come to a decision, which is
free of personal and also political influences, a task that requires numerous virtues, among
them independence, incorruptibility, and the self-confidence to apply new methods that might
alter the country. Accordingly, the work of a Supreme Court justices makes high demands on
a person and it is doubtful that any judge would be able to fulfill them. Yet from which point
of view are these extraordinary individuals selected? And who has a right of codetermination
in the appointment process? Since the Supreme Court is a major policy maker in the U.S, the
appointments of the justices have a great impact on the future of the country. Consequently,
the nominations are fundamental to a number of people, organizations and interest groups, as
possible future decisions of the tribunal might transform society and American life.
This paper will investigate the selection and nomination process of Supreme Court
justices and the factors playing a role in the background. Beginning with an historical overview,
we will take a closer look at the legal foundation and the early stages of the newestablished
court. The second part attends to the qualification of justices and their ensuing
appointment, also taking into consideration the various demographic factors that might
influence a selection nowadays. Subsequently, the focus will be on interest groups and other
society-relevant organizations, which take an interest in the tribunal and concentrate their
attentio n on the selection of justices who are of importance to them. Finally, the thesis will go
into the role presidents play in the selection procedure and to conclude I will summarize the
results that follow from this work.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Historical Overview over the Institution ‘U.S. Supreme Court’
- Legal Background
- The Origins of the Judicial System
- U.S. Supreme Court Recruitment
- Qualifications
- Appointment Process
- Influence of Race, Religion, and Gender
- The Religious Factor
- The Racial Factor
- Gender Equality or 'Quota-Woman'?
- Impact of Political and Society-Relevant Groupings
- Interest Groups and Lobbyists in the Background
- The Attempt to Influence through Supreme Court Justices
- Presidential Interest in the Supreme Court
- Historical Nomination Process - Presidents and their Allies
- Franklin Delano Roosevelt's Judicial Reform Plan
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to investigate the selection and nomination process of Supreme Court justices in the United States, exploring the diverse factors influencing this crucial appointment. The paper begins with a historical overview of the establishment of the U.S. Supreme Court, its legal foundation, and its early stages of development. The analysis then focuses on the qualifications and appointment of justices, considering the role of race, religion, and gender in contemporary selection processes. Subsequently, the paper examines the influence of interest groups and society-relevant organizations on the appointment process, particularly their interest in selecting justices who align with their agendas. Lastly, the paper delves into the role of presidents in the selection procedure, highlighting the historical nomination process and influential presidents such as Franklin Delano Roosevelt.
- The historical establishment and legal foundation of the U.S. Supreme Court.
- The qualifications and appointment process for Supreme Court justices.
- The influence of demographic factors, including race, religion, and gender, on the selection process.
- The impact of interest groups and society-relevant organizations on the nomination of justices.
- The role of presidents in the selection and nomination process.
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction sets the stage by underscoring the critical role of the Supreme Court as a policy maker in the U.S., emphasizing the profound impact its justices have on the future of the country. The paper will delve into the selection process, focusing on the historical overview, legal foundation, qualification criteria, and the influential role of political and societal actors.
The "Historical Overview over the Institution ‘U.S. Supreme Court’" chapter begins with a discussion of the U.S. Constitution's vague outline of the judicial branch's authority. The chapter explores the establishment of the judicial system, including the division of the nation into circuits and districts, as well as the evolving composition of the Supreme Court, from its initial structure to its current nine-member configuration.
The chapter "U.S. Supreme Court Recruitment" focuses on the qualifications necessary to become a Supreme Court justice, outlining the appointment process and its historical development. It also addresses the contemporary influence of factors like race, religion, and gender, exploring the historical context of these factors' impact on selection.
Schlüsselwörter (Keywords)
The key concepts of this paper revolve around the appointment process of Supreme Court justices, encompassing the historical development of the judicial system, the qualifications and selection criteria for justices, the influence of political and societal actors, and the role of presidents in the nomination process. Key themes include the U.S. Supreme Court, the legal background, judicial recruitment, the influence of race, religion, and gender on appointments, interest groups, and the impact of presidential decisions.
- Citar trabajo
- Ilka Kreimendahl (Autor), 2002, Appointment and Nomination of Supreme Court Justices, Múnich, GRIN Verlag, https://www.grin.com/document/37916