WHITE HOUSE AND UNITED STATES CAPITOL: BATTLE FOR THE SUPREME COURT (SECOND HALF OF THE 20TH CENTURY)

In: Vestnik Permskogo universiteta: Perm University herald. Serija Istorija = Series History, Heft 2 (61), S. 84-95

Abstract

The U.S. Constitution requires the President to submit Supreme Court nominees to the Senate for its advice and consent. The appointment of a Supreme Court Justice is an event of major significance in American politics. Since the early 20th century, Presidents have submitted 62 nominations for the Court, including those for the post of Chief Justice. Of this total, 55 were confirmed (seven declined to serve). The article dissects the crucial constitutional disputes between the executive and legislative branches of government from the Eisenhower administration to the end of the Clinton administration, and examines the day-to-day working relations between the President and Congress, which go beyond the traditional discussions of Supreme Court decisions. The article analyzes the conflicts between the President and Congress in the field of shared power – nomination and confirmation of the Supreme Court Justices in the Senate. The research is based on historical and statistical data on the Supreme Court: its institutional development; decision trends; background, nomination; its relations with public, governmental, and other judicial bodies; and its influence. A special place in the article is given to the analysis of the policies of the Nixon, Reagan and Clinton administrations.