JudicialBranchFreeResponse_Assignment_
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Ball State University *
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630
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Political Science
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Dec 6, 2023
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docx
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Uploaded by GrandAntelope2371
Judicial Branch Free-Response Question Assignment
The judicial branch is often assumed to be insulated from politics. However, politics affects
many aspects of the judiciary.
a.
Describe two political factors that affect presidents' decisions to appoint members
of the federal judiciary.
b.
Identify two political factors that affect the confirmation process of a president's
nominees and explain how each factor complicates a confirmation.
c.
Explain how one legislative power serves as a check on court decisions.
d.
Explain how one executive power serves as a check on court decisions.
a.
Ideology is one political aspect that influences a president's choice to appoint
members of the federal judiciary. To assist achieve their policy aims, presidents often strive
to pick judges who reflect their ideological beliefs. A conservative president, for example,
would emphasize choosing pro-life justices who support minimal government regulation,
whereas a liberal president might prioritize appointing judges who support abortion rights
and government regulation.
Geography is another political issue that influences a president's decision to nominate
members of the federal judiciary. When selecting nominations, presidents frequently
consider regional balance to ensure that a diverse variety of opinions from around the
country are reflected on the bench. A president, for example, may emphasize nominating
judges from the Midwest or the South in order to balance out the number of justices from
the Northeast or West Coast.
b.
The use of the filibuster is one political issue that influences the confirmation of a
president's candidates. Senators can use the filibuster to postpone or block a vote on a
candidate, complicating the confirmation process. If a senator is opposed to a nomination,
he or she can use the filibuster to block the Senate from proceeding with a confirmation
vote. This might result in a protracted and acrimonious confirmation process as senators
bargain to break the filibuster and move the nominee ahead.
Issue positions are another political component that influences the confirmation process.
Senators may vote against a candidate based on their views on critical subjects. A senator
who favors gun control, for example, may vote against a nominee who has a history of
ruling against gun control measures. Senators may also vote against nominations based on
their voting record on civil rights, environmental protection, or other causes vital to their
constituency.
c.
The power of confirmation is one legislative authority that serves as a check on
judicial rulings. The Senate has the authority to confirm or reject presidential nominations
to the federal court, including Supreme Court candidates. This authority empowers the
Senate to veto nominations that it believes are not qualified, are too politically extremist, or
would otherwise be detrimental to the country's interests.
d.
The power of appointment is one executive authority that acts as a check on judicial
rulings. The President appoints federal judges, including Supreme Court justices. This
authority permits the President to alter the federal judiciary to reflect their policy
objectives and ideological beliefs. For example, a conservative President may emphasize
choosing conservative judges who support less government regulation, whereas a liberal
President may prioritize appointing liberal justices who support enhanced civil rights
protections. The President's appointment power can also act as a check on court rulings by
allowing them to replace retiring or deceased justices with judges who share their views.
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