Department/School of the Primary Author
History and Government
U.S. Senate, U.S. President, U.S. Supreme Court, appointment power, separation of powers, checks and balances, advice and consent, Federalist Papers, U.S. Constitution
The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent' role as it pertains to the U.S. Supreme Court in its nascent form, and argues for its importance for the independence and legitimacy of the federal judiciary. Additionally, this paper contributes to the literature by analyzing early documents and Constitutional Convention proceedings, and evaluating the original Senate election mode as it impacted the Founders' understanding of the Senate's 'Advice and Consent' role.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
DigitalCommons@Cedarville provides a publication platform for fully open access journals, which means that all articles are available on the Internet to all users immediately upon publication. However, the opinions and sentiments expressed by the authors of articles published in our journals do not necessarily indicate the endorsement or reflect the views of DigitalCommons@Cedarville, the Centennial Library, or Cedarville University and its employees. The authors are solely responsible for the content of their work. Please address questions to firstname.lastname@example.org.
Wilt, Michael W.
"'It Wasn't Supposed to Be Easy': What the Founders Originally Intended for the Senate's 'Advice and Consent' Role for Supreme Court Confirmation Processes,"
Channels: Where Disciplines Meet: Vol. 4
, Article 1.
Available at: https://digitalcommons.cedarville.edu/channels/vol4/iss1/1
American Politics Commons, Comparative Politics Commons, Constitutional Law Commons, Courts Commons, Judges Commons, Law and Politics Commons, Legal History Commons, Legal Theory Commons, Legislation Commons, Models and Methods Commons, President/Executive Department Commons, State and Local Government Law Commons, Supreme Court of the United States Commons