Final Exam Tues Dec 10 12 3 pm Fine Arts 300 2 essays o 1 essay cumulative o 1 essay 3rd portion 20 30 multiple choice only from 3rd portion NO Short Answer Questions Article 1 Fed judiciary turning more democratic More Obama nominees 13 appeals courts 11 circuits 1 dc circuit 1 federal tribunals o 7 democratic o 2 middle o 4 republican Federal appeals courts have huge impact on national policies Fierce battle to gain control of judiciary Republicans trying to block Obama s nomination Article 2 3 vacancies on influential federal appeals court Obama nominates new judges Republicans oppose 2 Obama nominees o Melvin watt federal housing finance agency o Patricia millet DC circuit court of appeals o VP proposed re examine filibuster rules Republican reasoning o Objection has nothing to do with her qualifications o Arguing that dc circuit has tight caseload o No need to fill positions o Eliminate 3 seats Videos Senate filibuster by republicans o Results Like gov t shutdown Judicial nomination process o Constitutional art 2 sec 2 o R argue that politics is involved used as tool for executive action o D argue harm done to govt can t function Strengthening or weakening checks and balances Issues politicized nomination Dem and rep both struggle to gain control of judiciary o Policy preferences driving decisions on who m to nominate o Politicized approach to the judiciary While clearly stated in constitution o He shall nominate and by and with the Advice and Consent of the Senate Judges of the Supreme Court and all other officer In what way does politicized appointment process of federal judges pose a problem check and balances o Lack of accountability o Ideological leaning Politics are involved Issues Changing rules of the game to decrease politics GOP Filibuster of 2 Obama Picks Sets Up Fight o Democrats re examine filibuster rules against judicial nominees o Republicans bill to eliminate vacant seats in DC Circuit Court How valid are these proposals Will they gain enough support What happens if the filibuster is eliminated o Recall Budget Act of 1974 Loss in Checks and balances mechanism o Difficult to know if you will be majority or minority party in future o Difficult to predict consequences Recall budget act of 1974 elimination of impoundment authority Lack of veto power over budget by executive Too frequent gov t shutdown gridlocks Issues Ambitions must be made to counter ambition Fierce battle for judicial control between Rep and Dem What is the irony with this Recall arguments in Federal 51 o In order to lay a due foundation for that separate and distinct exercise of different powers of gov t each department branches consequently should be so constituted that the members of each have as little agency as possible in the appointment of the members of the others In contrast to presidents and members judges aren t elected but appointed and serve for life unless impeached why o Pros Why might this be necessary o Cons In what ways could this hinder checks and balances Obama tilts federal judiciary back toward Congress Federalist 51 Some deviations therefore form the principle must be admitted first because peculiar qualifications being essential in the members the primary consideration ought to be to select that mode of choice which best secures these qualifications secondly because the permanent tenure by which the appointments are held in that department must soon destroy all sense of dependence on the authority conferring them Some reasons FOR life tenure High qualifications both intellectually and morally Immunity from political pressure no worry about reelection Protect against tyranny of majority decisions unpopular Some reasons AGAINST Allows bad judges to remain on bench Judges even good ones may not be in their best condition Hang out for POLITICAL reasons postpone retire until election of ideologically compatible president who will nominate an ideologically compatible successor Judiciary Theoretically provide judicial check on other two branches Life tenure immunity from political pressure or policy preferences Judicial review should be objective not subjective But in reality Appointment lead to ideological leaning depending on President Judicial appointments to much politics involved Further president s agendas Another cause of gov t gridlock Decisions favorable to one branch or another