{"id":4582,"date":"2011-11-16T23:19:49","date_gmt":"2011-11-17T05:19:49","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=4582"},"modified":"2011-11-16T23:23:08","modified_gmt":"2011-11-17T05:23:08","slug":"the-mechanics-of-the-judicial-appointment-process","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=4582","title":{"rendered":"The Mechanics of the Judicial “Appointment” Process"},"content":{"rendered":"

We usually think of the process for appointing a federal judge as: nomination, Senate Judiciary Committee hearing, Senate confirmation vote, and swearing-in.\u00a0 This report from the Congressional Record Service [link<\/a>] explains the process that takes place\u00a0between the confirmation by the Senate\u00a0and the actual\u00a0swearing-in:<\/p>\n

\n

After Senate Confirmation<\/span><\/strong><\/p>\n

Under the Constitution, the Senate alone votes on whether to confirm <\/span>presidential nominations, the House of Representatives having no formal <\/span>involvement in the confirmation process. If the Senate votes to confirm the <\/span>nomination, the secretary of the Senate then attests to a resolution of confirmation <\/span>and transmits it to the White House.<\/span>154 <\/span>In turn, the President signs a document, called <\/span>a commission, officially appointing the individual to the Court. Then, the following <\/span>technical steps occur:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

The signed commission is returned to the Justice Department for engraving the <\/span><\/span>date of appointment . . . and for the signature of the attorney general and the <\/span><\/span>placing of the Justice Department seal. The deputy attorney general then sends <\/span><\/span>the commission by registered mail to the appointee, along with the oath of office<\/span><\/span><\/p>\n

and a photocopy of the confirmation document from the Senate.<\/span><\/span>155<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Upon the appointee\u2019s receipt of the commission and accompanying documents, <\/span>only the formality of being sworn into office remains. In fact, however, the incoming <\/span>Justice takes two oaths of office \u2014 a judicial oath, as required by the Judiciary Act <\/span>of 1789, and a constitutional oath, which, as required by Article VI of the U.S. <\/span>Constitution, is administered to Members of Congress and all executive and judicial <\/span>officers. In recent years, the usual practice of new appointees has been to take their <\/span>judicial oath in private within the Court, and, as desired by the Presidents who <\/span>nominated them, to take their constitutional oaths in nationally televised ceremonies <\/span>at the White House.<\/span>156<\/span><\/p>\n

\u00a0<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

We usually think of the process for appointing a federal judge as: nomination, Senate Judiciary Committee hearing, Senate confirmation vote, and swearing-in.\u00a0 This report from the Congressional Record Service [link] explains the process that takes place\u00a0between the confirmation by the Senate\u00a0and the actual\u00a0swearing-in: After Senate Confirmation Under the Constitution, the Senate alone votes on whether […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4582"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4582"}],"version-history":[{"count":3,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4582\/revisions"}],"predecessor-version":[{"id":4584,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4582\/revisions\/4584"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}