Question
The U.S. Constitution speaks to the membership of the Supreme Court of the United States (SCOTUS). Article II, Section 2 empowers the President to nominate,
The U.S. Constitution speaks to the membership of the Supreme Court of the United States (SCOTUS). Article II, Section 2 empowers the President to "nominate, and by and with the advice and consent of the Senate, ... judges of the Supreme Court..." Article III of the Constitution grants Justices life tenure. Therefore, it is not uncommon for a Justice to spend 25-35 years on the bench (William O. Douglas spent 36 years and 211 days on the bench).
Following the death of Justice Ruth Bader Ginsberg,whoserecord on the Court was developed over 27 years,President Trump has nominated Judge AmyConey Barrett to the SupremeCourt. The Senate, pursuant to itsArticle II, Section 2authority plans to consider Judge Coney Barrett's nomination on an expedited basis.The Senate considered, and consented to, the nomination of JudgeBrett Kavanaughto the Supreme Court in 2018. Review the FAQ prepared by the NYTsin anticipation of the Kavanaugh hearings.You will find a brief review of Judge Kavanaugh's decisionhistory here.The nomination of Judge Kavanaugh to replacethe retiring Justice Anthony Kennedy followed the appointment of Justice Neil Gorsuch to the Court in 2017. Judge Gorsuchwas nominated after the Senate refused to consider the nominationof Judge Merrick Garland following the death of Justice Antonin Scaliain 2016. The Senate did not act on Judge Garland's nomination for almost nine months, allowing it to expire on January 3, 2017.
Many argue that the court is most effective when theideological viewsof its members are balanced. One of the greatest things about having nine justices is to have differing views because asChief Justice Marshall once stated:"We must never forget that it is a constitution we are expounding . . . intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." This is all human affairs;therefore, you need differing views to speak for our diverse nation.
Please discuss at least two of the issues raised by the above narrative.
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