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About Paul Edward Zukowski
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National politics including Presidential, Congressional issues

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You are here:  Experts > Arts/Humanities > Political Science > Legislation, Presidential & Congressional Politics > judicial appointments

Legislation, Presidential & Congressional Politics - judicial appointments


Expert: Paul Edward Zukowski - 4/18/2009

Question
Hi Paul,

I've got a quick question regarding Obama's plans for judicial appointments. First, when are these made? I can't find anything recent in the news, just articles from during his election campaign discussing what he may do.

Also, who might he be interested in and why are people saying that Obama's choices will mark a clear departure those of the Bush administration?

Any info would be great as I know virtually nothing regarding this topic.

Many thanks,
Matt

Answer
Federal Judges are appointed for a life term.
Unless they retire or are impeached and removed from office.
http://en.wikipedia.org/wiki/Impeachment_in_the_United_States

They nominated by the President and must be confirmed or rejected by the Senate (normally after hearings).

In order for Obama to nominate a judge there has be an opening.
At this point only has been nominated. Seventh Circuit Nominee David Hamilton. Given he was on the board of the ACLU and helped raise for ACORN (both far left organizations) a a track of being liberal activist judge.
http://en.wikipedia.org/wiki/Judicial_activism

http://en.wikipedia.org/wiki/ACLU
http://en.wikipedia.org/wiki/Association_of_Community_Organizations_for_Reform_N...

Liberal activist believe the Constitution meaning can change with the times. In essence, they can legislate from the bench with a liberal agenda.

Then there liberal judges who take an expansive view of Constitution
and conservative judges minimist view of the Constitution.

In theory there are conservative activist judges. (in theory)
In general conservative do not think you should legislate from the bench. I have never seen any real expamples of this.
Most of claims conservative judicial activism don't stand up well.
Some cite Bush v Gore.
The finding of equal protection violation in the recount was 7 to 2
with only the 2 liberal activist judges disagreeing. (Stevens &

Then there are Strict Constructionist.
They belive the Constistution means exactly what it says and if wish to change it you follow expressed amendment process.

Bushs judges were conservative or strict constructionist.
Obamas most likily will be liberal activist based his prior association and stated policy.

Here the Constitution
http://www.law.cornell.edu/constitution/constitution.overview.html
Its a short read.

A liberal activist believe you have a right to privacy.
There is no expressed right to privacy in Constitution.
(thus why Roe v Wade is contriversal, there mo solid legal foundation to it. )
http://www.tourolaw.edu/Patch/Roe/#rop
Jane Roe (Norma McCorvey) is pro life activist.
She also admits she an alcoholic. She was never raped.
http://en.wikipedia.org/wiki/McCorvey_v._Hill

A liberal activist believe you DO NOT have a right own firarms
even though this an expressed right.


Here current brake down

Conservative activists
NONE

Conservatives
Chief Justice John Roberts
Samuel Alito

Liberals
David Souter
Stephen Breyer

Liberal activists
John Paul Stevens
Ruth Bader Ginsburg

Strict constructionist
Antonin Scalia
Clarence Thomas


doesn't into these philosphy's
Anthony Kennedy leans liberal & conservative he is the swing vote.

Bush's supreme court nominees were conservative as strict constructionist comfirmation would have been ugly.
He would have perfered strict constructionist.
The lower court justices in many cases were strict constructionist.


feel free ask follow ups.  

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