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The Senate (Legislative branch) votes to confirm or reject the Presidents' (Executive branch) US Supreme Court (Judicial branch) nominees. Approval requires a simple majority of the Senators voting, unless a Senator attempts to block the vote by filibuster, in which case cloture (stopping the filibuster) requires a three-fifths (60) vote.

Explanation

Article 2, Section 2, Paragraph 2 of the US Constitution provides that the President may nominate members of the Supreme Court, but that appointment only occurs with the "advice and consent" of the Senate. This means the Senate conducts an investigation of the candidate's qualifications and personal background, determines whether he or she would adequately fulfill the role of Justice, then votes whether to approve or disapprove the nomination. If the Senate votes a simple majority (51 votes) for confirmation, the nominee receives a commission; if a member of the Senate decides to filibuster to block or delay a nomination, a three-fifths (60) vote is required for confirmation.

Article 2, Section 2, Paragraph 2:

"He 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."

A+LS: Checks and balances

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10y ago

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