Preview

Scalia Replacement: Article II Of The US Constitution

Good Essays
Open Document
Open Document
285 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Scalia Replacement: Article II Of The US Constitution
Scalia Replacement

As the Constitution was created, some topics were explained in great detail, yet some were explained very vaguely causing many disputes over how certain topics should be dealt with. In Article III, it states how the Judicial Branch works. It decides what the court bases their decisions on. In Article II of the U.S. Constitution it states how a justice must be replaced, who picks the new justice, which is the president, yet there is no time frame stated on how long it must take to pick a new justice. The president of the United States is to pick the new justice and the Senate confirms it. After a sudden death to Supreme Court justice Antonin Scalia, the decision must be made to pick a new justice now or to allow the new

You May Also Find These Documents Helpful

  • Good Essays

    Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. If a Democrat is elected president, the court could shift towards a more liberal direction. How the new president forms the court will differ depending on which party controls the Senate after the…

    • 103 Words
    • 1 Page
    Good Essays
  • Good Essays

    The Supreme Court is supposed to interpret the Constitution as it pertains to each case before the court. These decisions then affect public policy and application of the laws. Sometimes laws can be rendered nullified or unenforceable. In some newer cases that deal with internet or other technologies not present at the time of creation, extend beyond the reach of the Constitution, the Supreme Court must interpret how the Constitutional laws should affect the case. This affects the way U. S. society sees the Constitution as it pertains to them.…

    • 563 Words
    • 3 Pages
    Good Essays
  • Good Essays

    As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. The reasons that the judges can lose their job is by retirement or if they have been accused of any crime.…

    • 239 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    | L.O. 16-1: Identify the basic elements of the American judicial system and the major participants in it, pp. 468-470.…

    • 1648 Words
    • 7 Pages
    Satisfactory Essays
  • Good Essays

    Antonin Scalia was an Associate Justice of the Supreme Court from September 1986, until February 2016, when he unfortunately passed away. Scalia was born in New Jersey but later moved to Queens in New York (Reilly, 2016). Scalia’s parents were both teachers, which may have been why he was valedictorian when graduating from St. Francis Xavier high school. After high school, he went to Georgetown University, where he also graduated at the top of his class, achieving the honor of valedictorian yet again (Reilly, 2016). Scalia got his bachelor’s degree in history, but wanted to further his education, so he went on to Harvard Law School, where he graduated again as valedictorian of his class in 1960 (Reilly, 2016). After graduating from Harvard Law, Scalia worked in a private practice for just a couple of years, only to discover he would rather be teaching as a law professor at a University, which is what he ended up doing.…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Article III of the United States Constitution consists of three sections. In section one, the federal courts are created, which is one Supreme Court. This court is comprised of nine justices, one being the Chief Justice. These judges hold their position for life or until they are impeached by Congress. Section one also states that Congress is given the power to create and remove lower courts. The end of Section one declares that the pay of a judge cannot be lowered while appointed, but it can be raised. Section two goes on to explain the powers of the Supreme Court and what power is placed where. It also tells which cases the federal courts are allowed to rule on. Some federal cases can be heard first by the Supreme Court, but almost all cases start in federal district courts. Most importantly, Section two gives the right to be tried by a jury unless the defendant does not want one. Treason is the focus of Section Three. It is the only crime specifically defined in the Constitution. A person is guilty of treason if he or she “levied War against them, or in adhering to their Enemies, giving them Aid and Comfort”. To be convicted of treason, two witnesses of the same act testify or confession of treason is made. The last part of Section Three gives Congress the power…

    • 633 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Appointing the men to be Justices of the Piece was with in Adams constitutional rights as president. John Marshall says “ The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then…

    • 524 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Marbury v. Madison

    • 326 Words
    • 2 Pages

    In analyzing the views of the Marbury vs. Madison case one can tell that after analyzing the documents that the case resulted in puzzlement of Article III Section 2 of the Constitution. In the year of 1803 the Marbury vs. Madison case raised the question of if the Supreme Court should have the authority to overturn unconstitutional federal laws. Yes, the Supreme Court should have the authority to overturn unconstitutional federal laws. According to Article III Section 2 of the constitution, The Supreme Court is deemed the right to scrutinize a law established by Congress if it is deemed unconstitutional as document F supports. When applying this statement to the case, the conflict originated from whether the Supreme Court was able to deem Marbury’s wish constitutional or unconstitutional. Marbury’s argument in this case was that he was obligated to his position as justice of peace because the President nominated him and the Senate confirmed his commission. This is true, Marbury was entitled to his appointment as justice of peace, but the Supreme Court was not the place where Marbury was able to get relief for his request. Since the Supreme Court has the right to reject a law that does not agree with the Constitution, the nation’s highest law, the act is invalid. This supports the claim made by Hamilton in Document B. As Hamilton implied, this strips the judicial branch of its power and gives more power to the other branches and the Supreme Court. On the whole this weakens the judicial branch and allows it to become the “least dangerous branch”. In conclusion Marbury was entitled to his position and the evidence supported his claim. But due to the fact that the Supreme Court was deemed the power, like stated in Document J, to state that the law being used as his verification was unconstitutional, Marbury and others appointed to government post where in lack of their Justice.…

    • 326 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Joan Biskupic’s novel In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, describes Scalia’s success as an influential conservative force in the Supreme Court, which conservative lawyer, Alfred S. Regnery, bolsters, expanding on William Rehnquist’s role in establishing the groundwork allowed for a major a shift towards right in courts, in The American Spectator article, “The Good Old Days”. Regnery begins by establishing he agrees with Biskupic’s assertions that Scalia has been the “most influential member”: “changing the terms of the debate at the Court” and influencing many. Regnery, however, submits that although the degree of Scalia’s achievements hadn’t been accomplished before, Rehnquist, in fact…

    • 448 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The Supreme Court justices are appointed in the same manner as all Federal Constitutional Judges, by the President with the advise of the U.S. Senate for life terms without a reduction in pay. This is to assure judicial independence. The impact would be enormous if the Supreme Court justices had to be elected to office by the people. If they were elected by the people they would not make every decision fairly, they would not be in office for life and they wouldn't be as well respected.…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A constitution is a set of rules that seeks to establish the duties, powers and functions of the various institutions of government. The constitution creates limited government so the government is checked and restrained therefore providing protection for the individual and their rights. the UK constitution is uncodified, which means that it is not all written down in one document therefore entrenched creating a higher law like that of America; it is split into several different locations, statute law, common law, conventions, works of constitutional authority and EU law and treaties. This means that the UK constitution is not entrenched or codified and sources such as common law and convention are not written down but are traditions and customs, the way government has always done things. The constitution is fit for purpose as it worked during the 2010 election when the outcome saw no overall winner and a coalition was created, it allowed for this to be done in just 5 days where as a codified constitution would have been much more ridged and have taken longer to work around or amend.…

    • 850 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Article three of the United States Constitution establishes the Judicial Branch. The purpose of this branch is to decide if laws are unconstitutional. The Judicial Branch is the most important to the United States…

    • 550 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Essay On Life Tenure

    • 510 Words
    • 3 Pages

    During their tenure, a Justice will be able to continue learning and understanding the law, so that in every situation they know what is constitutional and unconstitutional. Confucius once said, “Study the past if you would define the future.” The decisions of Supreme Court Justices have led to many new laws. However, those decisions are made by justices who have been doing that for a while. These Supreme Court Justices understand our past, the decisions, laws, and consequences, and know how to act upon that because of their prolonged tenure as justices. Under no circumstance does anybody just stop learning, so Justices will be ripe with knowledge until their time is done, they choose to step down, or are impeached. Therefore, Supreme Court Justices life tenure helps them understand and master their role in the Supreme…

    • 510 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Many justices are approaching an age at which they can retire, and the next justices elected to the supreme court will heavily influence the U.S. for years, possibly decades. The next justices will most likely be elected according to the next president's views. However, the president should elect justice who will be best for the country as a whole, not just according to their own views. The next president must be able to think about the entire nation when electing justices. They must show leadership by listening to others, and not just…

    • 310 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Compared to the structure of government we have now, the Articles were very different. The Articles called for a single branch of government, Congress. The Constitution provides us with Congress that is made up of three branches, Legislative, Executive, and Judicial. Those three branches provide us with the organized voting system that we didn’t have with the Articles. The Articles had unanimous approval of all states while the Constitution gives us the legislative branch, made up of Senates and House of Representatives. Their most important job is to make laws. They write, discuss, and vote on laws. Then those laws go to the executive branch, led by the president. He approves and carries out the laws from the legislative branch. Lastly, the judicial branch looks over the court system and explains the meaning of the constitution and laws.…

    • 463 Words
    • 2 Pages
    Good Essays