Rehnquist and Lewis F. Powell Jr. Brandeis in Mersky and J. J8, ceased in print]. Confirmation Failures According to Henry B. The following resources suggest the reasons behind failed confirmations as well as charts listing brief information for all the failed confirmations: Supreme Court Nominations - Not Confirmed or Withdrawn Library of Congress Henry B. RL David G. Savage, Pressures on the Justices, in 2 Guide to the U.
Supreme Court 5th ed. W v. M ]. These guides may be used for educational purposes, as long as proper credit is given. These guides may not be sold. The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law.
Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country. How is the Chief Justice selected? Does the most senior Associate Justice become Chief Justice?
How long is the term of a Supreme Court Justice? The Constitution states that Justices "shall hold their Offices during good Behaviour. Has a Justice ever been impeached? The House of Representatives passed Articles of Impeachment against him; however, he was acquitted by the Senate. Who decides how many Justices are on the Court? Have there always been nine? The Constitution places the power to determine the number of Justices in the hands of Congress.
Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. According to Supreme Court protocol, the Chief Justice in this instance, the federal judge presiding over the simulation calls the Conference to order.
All of the Justices shake hands. The Chief Justice then announces the case name. The student Justices do the same presentation they did in their small group - summarizing the main point of the real-life Justice, then giving their own position. To add another element of interaction in the program, the following is suggested.
Before voting, the Justices permit any member of the floor the student law clerks to make comments or ask questions. Each question is written on a card and passed to the Chief Justice real Judge , who screens them for relevance and redundancy. The Chief Justice reads the questions to all of the Justices, who debate it. Nothing like this occurs in real life. During this time, there is a break for students to use the restrooms and visit one-on-one with the volunteer lawyers.
When the Justices are finished entertaining questions from the floor, they retire to a private area and vote. In accordance with Supreme Court protocol, the most junior Justice casts the first vote, followed by the others in ascending order of seniority.
The Chief Justice may cast the final vote or abstain. For purposes of this simulation it is acceptable if there is a tie.
Each opinion may be no longer than one handwritten page. Teachers organize students into the following job descriptions, before they read the materials: Nine groups of law clerks argue the case in small groups headed by a pre-selected top student who is an Associate Justice.
Eight student Associate Justices — each assigned the position of a real-life Justice on the selected case — are leaders of the eight discussion groups. Those present, at the sound of the gavel, arise and remain standing until the robed Justices are seated following the traditional cry: "The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States.
All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court! Prior to hearing oral argument, other business of the Court is transacted. On Monday mornings this includes the release of an Order List, a public report of Court actions including the acceptance and rejection of cases, and the admission of new members to the Court Bar.
Opinions are typically released on Tuesday and Wednesday mornings and on the third Monday of each sitting, when the Court takes the Bench but no arguments are heard.
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