Common questions

Can a president rescind a Supreme Court nomination?

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Can a president rescind a Supreme Court nomination?

A president has the prerogative to withdraw a nomination at any point during the process, typically doing so if it becomes clear that the Senate will reject the nominee.

How can the president fill a judicial vacancy in the Federal Court without having to go through Senate approval?

The Constitution’s Recess Appointments Clause empowers the president to fill high-level positions in the executive branch and in the judiciary temporarily without Senate approval. Both ways of selecting high-level candidates for executive and judicial positions require the president and the Senate to act jointly.

Which group must approve of a president’s judicial selection before the full Senate can vote to confirm the nominee?

The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.

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On what grounds can a Supreme Court judge be removed from office?

Supreme Court judges can only be removed on grounds of proven misbehaviour or incapacity, through impeachment.

Can the president appoint judges without Senate approval?

The United States Constitution provides that the president “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 …

What can the president or other officers be impeached for?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

What branch confirms presidential appointments?

The Senate
The Senate has the sole power to confirm those of the President’s appointments that require consent, and to ratify treaties.

How have the powers of the president changed over time?

Instead, the powers have grown and changed over the years through presidential interpretation and congressional legislation. Congress can affect presidential power because while the executive branch enforces the laws, Congress makes the laws in the first place.

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What is the current salary of the chief justice of the Supreme Court?

Rs 2.80 lakh per month
At present, the Chief Justice of the Supreme Court is paid Rs 2.80 lakh per month. Apart from the Chief Justice, the salary of other judges of the Supreme Court is Rs 2.50 lakh per month.

WHO removes HC judge?

The President of India
“The President of India” holds the power to remove a Judge of the High Court, from his office when each house of the parliament passes a resolution by a two third majority of its members present and voting in each house requesting the president to remove the judge.

Can the Senate block the President’s appointment?

Historically, the Senate has confirmed most presidential nominations, but “in rare instances” a vote to confirm a major appointment has failed on the Senate floor. Opposition from one or more senators may prevent a floor vote because the Senate cannot schedule the vote absent unanimous consent.

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Can a president under impeachment appoint a Supreme Court justice?

“Can a president under impeachment appoint a Supreme Court justice?” Yes. Impeachment is a political process. In the United States, it has more to do with the complaint of the US House of Representatives than with some criminal complaint.

What happens when a Supreme Court nominee is confirmed?

The vote to confirm requires a simple majority of the senators present and voting. If the nominee is confirmed, the secretary of the Senate will transmit the confirmation vote to the president. The president then will sign a commission appointing the person to the Supreme Court.

Is the Senate impeachment trial a trial?

Once that has happened — once the House has voted to “impeach” — then, the Senate is then required to conduct a “trial” of sorts. It is a political trial, but it is a trial.

Is impeachment a criminal process in the United States?

Yes. Impeachment is a political process. In the United States, it has more to do with the complaint of the US House of Representatives than with some criminal complaint. The question to the legislature is, did the officeholder commit some grave act requiring his dismissal from office?