Friday, May 15, 2020

Requirements to Become a Supreme Court Justice

There are no explicit requirements in the U.S. Constitution for a person to be nominated to become a Supreme Court justice. No age, education, job experience, or citizenship rules exist. In fact, according to the Constitution, a Supreme Court justice does not need to even have a law degree. What Does the Constitution Say? The Supreme Court was established as a body in Article Three of the Constitution, signed in convention in 1787. Section I describes the roles of the Supreme and Lower Courts; the other two sections are for the kind of cases that should be examined by the Supreme Court (Section 2, since amended by the 11th Amendment); and a definition of treason.   The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Article 3, U.S. Constitution However, since the Senate confirms justices, experience and background have become important factors in the confirmations, and conventions have been developed and largely followed since the first selection of the court during the first presidents term of office. George Washingtons Requirements The first U.S. President George Washington (1789–1797) had, of course, the most number of nominees to the Supreme Court—14, although only 11 made it to the court. Washington also named 28 lower court positions, and had several personal criteria that he used to pick a justice: Support and advocacy of the U.S. ConstitutionDistinguished service in the American RevolutionActive participation in the political life of a particular state or the nation as a wholePrior judicial experience on lower tribunalsEither a favorable reputation with his fellows or personally known to Washington himselfGeographic suitability—the original Supreme Court were circuit ridersLove of the country Scholars say his first criterion was the most important to Washington, that the individual had to have a strong voice in protecting the Constitution. The most any other president has been able to nominate is nine, during the four terms of office of Franklin Delano Roosevelt (1932–1945), followed by six nominated by William Howard Taft in his single term from 1909 to 1913. Qualities That Make a Good Judge Several political scientists and others have attempted to assemble a list of criteria that make a good federal judge, more as an exercise of looking at the past history of the court. American scholar Sheldon Goldmans list of eight criteria includes: Neutrality as to parties in litigation  Fair-mindedness  Being well-versed in the lawThe ability to think and write logically and lucidly  Personal integrityGood physical and mental health  Judicial temperament  Able to handle judicial power sensibly Selection Criteria Based on the 200 year history of selection criteria actually used by United States presidents, there are four which most presidents use in varying combinations: Objective meritPersonal friendshipBalancing representation or representativeness on the court (by region, race, gender, religion)Political and ideological compatibility   Sources Abraham, Henry Julian. Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Clinton. Lanham, Maryland: Roman Littlefield Publishers, Inc., 1999. Print.Goldman, Sheldon. Judicial Selection and the Qualities That Make a Good Judge. The Annals of the American Academy of Political and Social Science 462.1 (1982): 112-24. Print.Hulbary, William E., and Thomas G. Walker. The Supreme Court Selection Process: Presidential Motivations and Judicial Performance. The Western Political Quarterly 33.2 (1980): 185-96. Print.

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