According to the Constitution, the President appoints Supreme Court justices, court of appeals judges, and district court judges, who are then approved by the United States Senate. The Judiciary Committee may hold hearings on the nominee and report its recommendation on whether to approve the nomination to the full Senate.
In addition to these constitutional procedures, Congress may act to influence the selection process by passing legislation that grants its consent for a particular candidate to be appointed to the court. For example, when Chief Justice John Roberts was nominated to the court in 2005, his confirmation was helped by the fact that he had been named by President George W. Bush and confirmed by the Senate during their first terms. In contrast, when Antonin Scalia died in 2016, President Barack Obama announced that he would not name anyone to replace him until after the election. The Senate refused to confirm any candidate put forward by the Obama administration.
The highest court in each state selects its own members. However, most states follow a system similar to that of the Federal government, where at least some of the judges are elected. Elected judges may serve indefinitely or for a fixed term.
According to Article III of the Constitution, these judicial authorities are appointed for life terms. The Supreme Court is not mentioned in the Constitution as an example of an elected body.
However, since 1866, all federal judges have been required by law to be elected officials. These elections are held throughout the year. If a judge dies in office or decides not to run for another term, then a special election is held to replace him or her.
In addition to the chief justice, the other members of the Supreme Court are also elected by the people. However, only one person can be elected at a time as president or vice president so they must be chosen in separate elections. A judge cannot be elected to more than one of the following: governor or lieutenant governor of a state, U.S. senator, member of the House of Representatives, or Cabinet officer (except under certain conditions).
Once elected, a judge's tenure depends on how long they continue to hold their office. Most judges serve for a fixed term, usually between four and seven years. Some courts have a system of seniority where judges are assigned to cases based on their date of appointment.
The United States Supreme Court in All Justices are nominated by the President, confirmed by the Senate, and serve for life. The only exception is when the Chief Justice dies or is removed from office, at which point the President can make another appointment but cannot remove any other justice.
All appointments and removals take place with the advice and consent of the Senate. A justice can also resign. When a justice decides to step down, he or she gives notice of resignation to the President. The President then makes a replacement appointment, which takes effect upon confirmation by the Senate.
Appointments and removals are one of the most important powers that a president can use to shape the court. Appointing judges is a presidential duty under Article III of the Constitution, while removing them is a legislative power granted to Congress. However, since the mid-20th century all presidents have exercised their authority to appoint and remove judges. Even so, some scholars have argued that this power should be limited by law because there are times when it is inappropriate for a president to influence courts. For example, they say that if there is an even number of votes against removing a judge, then the president shouldn't be able to overcome that objection and keep the judge on the court.
Over the course of two centuries, the procedure of choosing Justices has evolved, but its most fundamental feature—the sharing of authority between the President and the Senate—has remained constant. A candidate for appointment to the Court must first be recommended by the President and then confirmed...by the Senate.
Which branch makes appointments to federal courts? The Appointments Clause of the Constitution gives the president the power to make appointments to "any" position that does not require a specific line of succession. This includes judges as well as other officers such as ambassadors and public ministers. However, the Senate can block nominations it deems unfit for office. In 1795, in the case of _The Federalist_ No. 80, Alexander Hamilton argued that because the judiciary is one of the three branches created by the Constitution, the president must have this power. The Constitution does not specify how nominees are selected or what process should be used to select them, so each president has been given some degree of discretion in making choices.
What is the difference between judicial elections and legislative elections? Judicial elections determine who will judge you while legislative elections decide who will make laws for you. Some states with elected legislatures also have appointed judges, while others have an entirely separate system where judges are not elected.
How do judges become politicians? As their names suggest, judges tend to take on additional roles beyond simply interpreting law and resolving disputes.