USSC Question: Does naming a sitting justice as Chief Justice require

[karlrschneider]

Senate confirmation? (If the CJ retires or dies...I know any "new" ones must be)

[Nicholas D Wolfwood]

1. I think it does need approval.

[sangh0]

2. Yes, it does

.

[Hokie]

3. Yes

I think Rhenquist was elevated from a Justice to Chief Justice under Raygun.

[LibeMatt]

4. I seem to remember...

...hearings when Rehnquist was promoted.

On a mostly unrelated note, I also was reminded of Robert Anton Wilson's "The Schroedinger Cat Trilogy", in which he used various people's names as slang for words normally forbidden by the FCC (I think he did so for humorous effect, as said words are also used in the book). Rehnquist was one of these terms.

:evilgrin:

np: OM Trio--Spring Tour 2004 Highlights, V.2

[Walt Starr]

5. Article II, Section 2, Clause 2 of the constitution covers this

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

[karlrschneider]

6. Hi Walt, yes I had read that but it seems a little vague as to the process

of elevating an -existing- justice to the CJ position.

[TaleWgnDg]

7. as Walt has posted, all power (authority) vests in the President to

seat individuals on the federal bench, including Associate Justices and the Chief Justice of the U.S. Supreme Court.

There is only one mentioned authority in the constitution and it's in Article II, Section 2, Clause 2. Inclusive within that presidential authority is the power to nominate all federal judges including the U.S. Supreme Court justices -- associate or chief justice. Together with the Senate's authority to "approve" or "disapprove" as it sees fit via the rules and procedures that the Senate promulgates u/ the "advice and consent" clause of Article II, Section 2 (including cloture, filibuster, super majority or other majority).


Article II, Section 2, Clause 2:

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."



.

[Tamyrlin79]

8. existing associate justice elevation requires confirmation...

I know for certain that to elevate an associate justice to chief justice requires senate confirmation. If confirmed, a new associate justice must be appointed. If not confirmed, justice remains associate justice and a new CJ must be appointed.

[Melinda]

9. Yes, please see:

...Process for selecting a Chief Justice:

The Chief Justice is not selected by his or her peers, but rather is separately nominated and confirmed. In other words, if a sitting Associate Justice is nominated by the President to serve as Chief Justice, a separate nomination and confirmation proceeding takes place.


http://jurist.law.pitt.edu/mentions.htm

[Melinda]

10. Glitch erred dupe!