Steven Hess
90 Geo. Wash. L. Rev. 761
Judges are the lifeblood of constitutional order, and their independence is paramount to the rule of law. In light of the politicization of judicial appointments, it is worth asking if the American constitutional design of 1787 continues to safeguard judicial independence. The Framers designed an appointment system that split the appointment procedure between the President and the Senate to maintain judicial independence. The President has the power of nomination, and the Senate has the power to confirm nominees. This Note focuses on the President’s power to nominate. Seismic changes to the political system, and to the President’s constitutional power, have undermined judicial independence and subjected the judiciary to salient presidential bias. Given both political and legal shifts, the nomination process should be vested in the Speaker of the House, a democratic representative more directly accountable to the people.
