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The language used to describe the role of the Senate in US Supreme Court nominations is contained in the "Nomination Clause" in Article II, Section 2, Clause 2 of the US Constitution. This Section explains that some of the President's powers, including appointment of Supreme Court justices, are subject to approval (advice and consent) by the Senate.

The President nominates Supreme Court justices; the Senate confirms the appointment by a simple majority vote.

Nomination Clause

(Article II, Section 2)

[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Historic Examples

Note that Paragraph 3 provides for recess appointments, which is the power to place a candidate in a particular role while Congress is on recess. These are actually nominations with deferred "advice and consent," because Congress has the right to approve or reject that person's permanent commission upon their return from recess and before the temporary appointment period ends (if they do nothing, the position become vacant at the end of the specified period - usually at the conclusion of the next calendar year).

The Senate rejected John Rutledge as Chief Justice in 1795, because they were concerned about his mental status. Rutledge is the only Supreme Court justice ever forced out of office involuntarily.

President George W. Bush deliberately used recess appointments to bypass filibusters by the Democratic Senators, who opposed some of his federal court (not Supreme Court) choices.

Senate Majority leader Harry Reid worked out an agreement with Bush prior to the 2007 summer break to prevent abuse of this Presidential power while Congress was out. The agreement didn't extend through the Thanksgiving and winter holiday, however, so Reed chose to keep Congress in session, meeting pro forma*every three days to prevent the recess appointment of James Holsinger as U.S. Surgeon General during the break.

*Meeting Pro forma means they convened a session simply to satisfy the basic requirements of the Constitution, which provides that neither chamber (the House nor Senate) may adjourn for more than three days without the consent of the other. This is part of the system of checks and balances instituted by the Constitution.

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The language used to describe the role of the Senate in US Supreme Court nominations is contained in the "Nomination Clause" in Article II, Section 2, Clause 2 of the US Constitution. This Section explains that some of the President's powers, including appointment of Supreme Court justices, are subject to approval (advice and consent) by the Senate.

The President nominates Supreme Court justices; the Senate confirms the appointment by a simple majority vote.

Nomination Clause

(Article II, Section 2, Paragraphs 2-3)

[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

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"advise and consent"

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Q: What words are used to describe the role of the Senate in US Supreme Court nominations?
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Related questions

Who holds the power to approve Supreme Court Justuces?

requires a 51 of 100 (majority) vote by the senate


What body the power to accept or reject a president's nominations to the supreme court?

The United States Senate.


Who approves Presidential nominations of federal court judges?

Presidential nominations of federal court judges are made with the "advice and consent" of the Senate, just as Supreme Court nominations are. The Senate must confirm the nomination by a simple majority of those voting in order for the judge to be commissioned.


Which feature of the federal government is specifically described in the US Constitution?

Senate approval of nominations to the supreme court


The President is allowed the appoint US Supreme Court justices but who has to give their consent for the nominations to be approved?

The Senate


What branch of Congress confirms presidential nominations for federal judges?

The Senate confirms both federal judges and Supreme Court justices.


Who approves federal court nominations?

Senate


Who confirms all US Supreme Court appointees?

The president's nominees for the United States Supreme Court are considered by the Senate under Article II, Section 2, Clause 2 of the Constitution. It provides that presidential nominations be made with the "advice and consent" of the Senate.


Who are US supreme court judges nominated by?

The president is responsible for appointing justices, who then must be approved by the Senate.


What branch of government can prevent the President from controlling the Supreme Court?

The Legislative branch checks the President's influence over the Supreme Court because nominations to the Court can only be appointed with the "advice and consent" (simple majority vote) of the Senate. If the President and majority in Senate represent different parties, this prevents the President from nominating someone whose ideology is too extreme.


Which president made no appointments in supreme court?

William Henry Harrison. Did you know that Jimmy Carter made no Supreme Court nominations?


How do supreme court justices get to supreme court?

they have to be appointed by the president and approved by the senate