The Constitution’s Framers structured the Constitution to promote the separation of powers and protect the federal courts from undue influence by Congress and the executive branch. Among the federal courts, the Constitution grants the Supreme Court special status. As a historical matter, Congress has also traditionally recognized that the Supreme Court plays a unique role … Read more
The procedure for appointing a Justice to the Supreme Court is provided for in the U.S. Constitution in only a few words. The “Appointments Clause” in the Constitution (Article II, Section 2, clause 2) states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges … Read more
On September 26, 2020, President Donald J. Trump announced the nomination of Judge Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit to the Supreme Court of the United States to fill the vacancy left by the death of Justice Ruth Bader Ginsburg on September 18, 2020. Judge Barrett has been … Read more
The death of Justice Ruth Bader Ginsburg on September 18, 2020, created a vacancy on the Supreme Court during a presidential election year. This is the 14th such vacancy on the Court that has occurred during a presidential election year from 1789 to 2020 and that also occurred prior to the election date itself. Information … Read more
ALEXANDRIA, VA – (October 8, 2018) – Just in time for the November midterm elections, TheCapitol.Net is pleased to announce the publication of a major new reference work, Congressional Procedure: A Practical Guide to the Legislative Process in the U.S. Congress, by Richard A. Arenberg. If the U.S. Constitution is the rule book, this is … Read more
Supreme Court Nominations Supreme Court Nominations:Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the Use of the Filibuster Compiled by TheCapitol.Net Authors: Denis Steven Rutkus, Elizabeth Rybicki, Betsy Palmer, Todd Tatelman, Richard S. Beth, Michael Koempel and Judy Schneider The procedure for appointing a Supreme Court Justice is … Read more
U.S. Constitution, Article II, Section 2 “Voting and Quorum Procedures in the Senate,” CRS Report 96-452 (17-page PDF) “Procedures for Considering Changes in Senate Rules,” CRS Report R42929 (21-page PDF) “Proposals to Change the Operation of Cloture in the Senate,” CRS Report R41342 (26-page PDF) “Proposals to Reform ‘Holds’ in the Senate,” CRS Report RL31685 … Read more
From the Congressional Glossary – Including Legislative and Budget Terms Advice and Consent / Plum Book photo credit: mikecogh Advice and Consent: Under the Constitution, Article. II. Section. 2., presidential nominations for executive and judicial posts (including ambassadors, Cabinet secretaries, federal judges, and military officers) take effect only when confirmed by the Senate, and … Read more
Some of the most highly publicized Senate hearings are those held for the purpose of considering presidential nominations. These nominations may include cabinet positions and nominations for other executive branch political offices, federal judges and U.S. diplomatic posts. photo credit: Harvard Law Record Witnesses at nomination and confirmation hearings typically include the individual nominated as … Read more
The United States Constitution The Courts Clause is one of Congress’ enumerated powers found in the Constitution of the United States, Article. I. Section. 8., clause 9: (Clause 9 – Courts) [The Congress shall have Power] To constitute Tribunals inferior to the supreme Court; photo credit: REVIVALthedigest Article I courts are those courts created by … Read more