Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts

09 July 2010

Cartoon : Saying a Lot Without Saying Anything At All!

By Rick McKee from the Augusta Chronicle in Augusta, Georgia on 02 July 2010.

It is a sheer pleasure teaching English to someone who really wants to learn it! This adjective is used to give emphasis to a noun to give it a greater amount of degree. It has the meaning of ‘extreme.’

Later on, the caricature of Kagan asks Larry King, the interviewer, to grant her a point of personal privilege. If you grant something, like a request, you accord or allow them something.

A point of personal privilege’ is a very formal, parliamentary expression usually asked for when a member what to speak out to defend his personal rights, reputation or conduct.

25 June 2009

Culture Spot: Impeachment in the United States

The US Constitution provides for the removal from office of the president, vice president and other “officers” of the United States (e.g. federal judges, justices of the Supreme Court, etc.). The first step of removal is impeachment.

According to the US Constitution, article of impeachment must first be voted on by the House of Representatives. The sole power to impeach is given to the House and may only be done for “treason, bribery, or other high crimes and misdemeanors.” Once the House of Representatives votes and approves articles of impeachment, the accused is officially impeached. However, this is only the first step in removal from office.

Next, the US Senate, functioning like a court, tries the accused. Members of the House who represent the prosecution and present the charges in this trial are called “managers.” The senators function as the jury. The accused will be defended by his own lawyers. Before the senators deliberate, they must take an oath swearing to perform their duties honestly and with due diligence.

After hearing the charges, the Senate will deliberate in private and will vote to either convict or acquit. In order to convict and remove from office, a two-thirds majority is required. If convicted, the judgment is filed with the Secretary of State and the official is immediately removed from office.

During the impeachment process of a president, the US Constitution requires the Chief Justice of the United States (Supreme Court) to preside over the impeachment trial, however in the case of the vice president or other official, the Constitution is silent. In most cases, either the president pro tempore or vice president (constitutionally he is President of the Senate) will preside.

Only two presidents have been impeached: President Andrew Johnson in 1868 and President William Clinton in December of 1998. Both were acquitted and not removed from office.

Only 18 federal officials have been impeached in US history including the recently impeached Judge Samuel B. Kent. Before Kent, President Clinton was the last impeached official. For a complete list of federal officials impeached and results of impeachment, go to the link below.

Impeachment can also occur at a state level according to the rules laid out by the constitutions of the individual states. Governor Rod Blagojevich of Illinois was impeached on charges of corruption and misconduct by the Illinois House of Representatives on January 14, 2009 and the Illinois Senate voted unanimously on January 29, 2009 to remove the governor from office and to bar him from ever running for public office again in the state of Illinois.

For more detail on the Impeachment in the United States, go to: http://en.wikipedia.org/wiki/Impeachment_in_the_United_States

See also: Impeachment of President William Clinton and Impeachment of President Andrew Johnson

Photo of the impeachment trial of President William Clinton in 1999 with Chief Justice of the United States William Rehnquist presiding.

Feel free to leave questions or comments by clicking on the comments link at the end of this post!

28 May 2009

Vocabulary In the News: Obama nominates first Hispanic Supreme Court justice

 

Please note that I’m experimenting with new in-post scrolling boxes for longer texts in order to save space. If you are having trouble with these, such not able to see the scroll bar on the right, please let me know.

http://www.france24.com/en/20090526-obama-nominate-sotomayor-first-hispanic-supreme-court-justice-us

US President Barack Obama nominated appeals court judge Sonia Sotomayor to be the first Hispanic Supreme Court justice. Sotomayor will replace retiring Justice David Souter. Her nomination now awaits Senate confirmation.

Tuesday 26 May 2009

AFP - President Barack Obama Tuesday nominated judge Sonia Sotomayor as the first Hispanic Supreme Court justice, praising her "brilliant" legal mind and wisdom nurtured by an "inspiring" American story.

Sotomayor represents Obama's first attempt to shape the high court for a generation, and she is a pick in his own image, having overcome humble origins as a minority child to reach the pinnacle of US public life.

Her nomination delighted Latino voters, a fast-growing demographic bloc which helped power Obama's 2008 election win, and put a political squeeze on any Republicans plotting to thwart her Senate confirmation process.

"I have decided to nominate an inspiring woman who I believe will make a great justice, Judge Sonia Sotomayor of the great state of New York," Obama said at the White House.

Obama, who interviewed a shortlist of four women, from an original 40 person list, said he had searched for a nominee of "rigorous intellect" who understood judges should interpret and not make law.

"She's faced down barriers, overcome the odds, and lived out the American dream," Obama said of Sotomayor, 54, who got her first taste for justice by reading Nancy Drew detective novels as a child.

"She has never forgotten where she began, never lost touch with the community that supported her," Obama said, noting that Sotomayor, a New York Yankees fan, is famed for a ruling that ended the 1994-95 Major League Baseball strike.

"What Sonia will bring to the court, then, is not only the knowledge and experience acquired over a course of a brilliant legal career, but the wisdom accumulated from an inspiring life's journey."

If confirmed, Sotomayor, who has spent 11 years on the Court of Appeals for the Second Circuit, will replace retiring Justice David Souter but will not likely alter the court's current conservative tilt.

Sotomayor, who was born to a Puerto Rican family in the Bronx and lost her father at age nine, said she had far exceeded her childhood dreams.

She vowed to uphold cherished constitutional principles but also to consider how her rulings affect ordinary people.

"I strive never to forget the real world consequences of my decisions on individuals, businesses and government."

A senior White House official signaled the administration was ready to deploy Obama's power to defend Sotomayor if needed.

"We are not expecting a war," the official said, but added "the president believes deeply in this nominee, and she is going to get the full backing of the White House."

The president was under pressure to pick a woman and a minority, for a body long dominated by white males.

Aides said he finally decided on Sotomayor on Monday at 8:00 pm.

They also said they were confident that Sotomayor, despite suffering from Type-A diabetes, which can lower life expectancy by 7 to 10 years, was in "good health" and they expected her to serve for years to come.

Senate Judiciary hearings are expected by July to allow a full vote on Sotomayor before the court's new term in October.

"Today is a monumental day for Latinos," said Janet Murguia, president and CEO of the National Council of La Raza, the biggest US Hispanic civil rights and advocacy organization.
"Finally, we see ourselves represented on the highest court in the land."

Patrick Leahy, the Democratic chairman of the Senate Judiciary committee said Sotomayor's record was "exemplary."

The Senate's top Republican Mitch McConnell promised fair treatment but vowed to "thoroughly examine" Sotomayor's record.

Scholar Roger Pilon of the libertarian Cato Institute, slammed Sotomayor as "the most radical of all the frequently mentioned candidates" and predicted a contentious confirmation battle.

Wendy Long, counsel to conservative Judicial Confirmation Network, warned "Judge Sotomayor ... thinks that judges should dictate policy, and that one's sex, race, and ethnicity ought to affect the decisions one renders from the bench."

Absent ethical revelations about Sotomayor, Democrats are expected to prevail, given their large majority in the Senate.

Princeton-educated Sotomayor will be the second woman on the nine-judge panel, alongside cancer-stricken Justice Ruth Bader Ginsburg.

The Supreme Court is one of the three branches of US government, as the ultimate court of appeals and the final arbiter of the US Constitution.

Justices have lifetime tenure, though some retire through illness or for family reasons.



alongsidecôte à côte
backingle soutien
contentiouscontroversé, conflictuel
court of appealscour d’appel
delightravir, plaisir
exceeddépasser, surpasser
face downfaire face, regarder en face
famedcélèbre, renommé
hearingune audience
lose touchperdre le contact
nurturenourrir
overcomesurmonter
pickun choix
plotcomploter, conspirer contre
political squeezeun reserrememnt politique 
prevailprévaloir contre, dominer
rulingune décision
shortlist (one word)- une liste des candidats sélectionnés 
slam - fustiger
strikeune grève
strive (irregular verb – strove, striven) – s’efforcer, faire tout son possible
thwartcontrecarrer
tiltl’inclinaison
uphold (irregular verb - upheld, upheld) – faire respecter, soutenir
vow - jurer

To learn more about the confirmation process to seat a justice to the US Supreme Court, visit my post from 13 May!

13 May 2009

Culture Spot: Confirmation Process and the US Senate

Cartoon by Steve Breen of The San Diego Union-Tribune published on 04 May 2009

The United States Supreme Court is the highest court in the federal judicial system and is presided by the Chief Justice of the United States and 8 Associate Justices. Justices are nominated by the President and have to be confirmed by the US Senate. Once appointed (désigné), a justice on the federal bench (magistrature) has a life tenure which ends only on his or her death, resignation (démission), retirement or impeachment (procédure de destitution).

The Senate confirmation process for a Supreme Court justice can be grueling (exténuant) and can become quite a political show due to the extreme importance of the position about to be filled. There is one political question that seems to take center stage in every confirmation hearing (audience): abortion (avortement)!

The confirmation process begins in the Senate Judiciary Committee with confirmation hearings where senators on that committee will exam and question the nominee on his interpretation of Constitutional law. Upon conclusion of this examination, the Judiciary Committee votes whether or not to refer the nomination for a confirmation vote on the Senate floor.

The Senate (made up of 100 senators – 2 per state) then proceeds to vote to confirm the president’s nominee to the nation’s highest court. The nominee may face severe opposition in the Senate.  According to the rules in the US Senate, a senator has the right during debate to speak as long as he wishes on any topic he or she chooses. This privilege is sometimes used to delay a vote and eventually kill the question before the Senate. The procedure of “talking a bill (projet, proposition) to death” is called a filibuster. It is also a verb: to filibuster. The filibustering senator doesn’t even have to talk about the subject in question before the Senate; some have read books or even the Bible out loud in order to keep the floor (parole). However, a filibuster can be halted by a supermajority, that is, 60 senators willing to invoke debate closure (clôture).

The cartoon above concerns the resignation of Justice David Souter at the end of June from the US Supreme Court giving President Obama his first opportunity to name someone to the Court. Even though Justice Souter was nominated by President George H. W. Bush in 1990, he ended up being a moderate to liberal judge on the Court disappointing most Conservatives. President Obama’s nomination is not expected to change the political makeup (composition) of the Supreme Court. He is expected to nominate another woman or minority (or perhaps someone who is both such as an African-American or Hispanic-American woman).

Three years ago, George W. Bush nominated Samuel Alito to the Supreme Court after the resignation of Justice Sandra Day O’Conner, the first woman ever to serve on the court. The Judiciary Committee (then in Republican majority) voted strictly along party lines and sent the nomination to the Senate floor. A movement led by Democrat Senator John Kerry to filibuster the vote on the floor failed and Alito was confirmed. Senator Obama was part of that movement to filibuster confirmation of President Bush’s nominee.

Now that Republicans are in the minority in the Senate, some fear that they too may try to filibuster Obama’s nominee to the Court though it appears Democrats will have a 60 vote supermajority in the Senate once a contested election issue in Minnesota is resolved.

The cartoon below describes the driving issue in every confirmation hearing: abortion! It appears that all other questions are secondary. Ever since the 1973 Supreme Court decision known as Roe v. Wade which overturned (faire annuler) many state and federal laws restricting abortion, the abortion issue has divided the nation into two camps: pro-life and pro-choice. Those in the pro-life camp want to see a conservative majority on the Court that will eventually overturn Roe v. Wade and those in the pro-choice camp want to protect the Roe v. Wade decision.

Cartoon by Chan Lowe of The South Florida Sun Sentinel published 4 May 2009.

Who are the 9 Justices of the United States Supreme Court?

Justice

Year Confirmed

Nominating  President

Judicial Leaning

Chief Justice John Roberts
(17th Chief Justice of the United States)

2005

George W. Bush

conservative

Justice John Paul Stevens
(some say his advanced age may also give Pres. Obama an opportunity to fill his seat on the bench)
(only Associate Justice to serve under three Chief Justices & oldest member of the Court)

1975

Gerald Ford

liberal

Justice Antonin Scalia

1986

Ronald Reagan

conservative

Justice Anthony Kennedy

1988

Ronald Reagan

swing vote

Justice David Souter (retiring end of June 2009, end of the Court’s term. Pres. Obama is expected to announce his nominee to replace soon.)

1990

George H.W. Bush

liberal

Justice Clarence Thomas
(second African-American to serve on the Court)

1991

George H.W. Bush

conservative

Justice Ruth Bader Ginsburg
(suffering from cancer and is expected to retire soon giving Pres. Obama an opportunity to fill a seat on the bench )
(second woman and first Jewish woman to serve)

1993

Bill Clinton

liberal

Justice Stephen Breyer

1994

Bill Clinton

liberal

Justice Samuel Alito

2006

George W. Bush

conservative

The Current Structure of the United States Senate

President of the Senate: US Vice President Joseph Biden, Jr. (former Democrat senator from Delaware)

The US Constitution states that the Vice President of the United States presides ex officio as President of the Senate. He (or perhaps she one day) can only vote if there is a 50/50 tie. Normally, the Vice President doesn’t preside on a daily basis but only on important occasions or if a vote may be tied.

President pro tempore: Senator Robert Byrd (Democrat - West Virginia).

In absence of the Vice President, the President pro tempore of the Senate is the highest-ranking official and may preside over the Senate. He is elected by his peers and by tradition, he is the most senior senator of the majority party. The President pro tempore is third in line to the presidency after the Vice President and the Speaker of the House of Representative.

Majority Leader: Senator Harry Reid (Democrat – Nevada)

Minority Leader: Senator Mitch McConnell (Republican – Kentucky)

There are currently 59 members in the Democrat Caucus (57 Democrats and 2 Independents) and 40 members in the Republican Caucus. There is one unresolved seat from the state of Minnesota due to contested election results in November 2008.

01 May 2009

Vocabulary in the News: US Supreme Court Justice to Retire

VOA News - US Supreme Court Justice to Retire

By VOA News 01 May 2009

US Supreme Court Justice David Souter (July 2008 file photo)

U.S. media reports say Supreme Court Justice David Souter is planning to retire from the high court.

The reports say Souter has informed the White House of his intention to step down in June, when the court's current term comes to an end. Rumors of Souter's retirement have surfaced in recent weeks, due to his failure to hire law clerks, or legal assistants, for next year's term.

A spokeswoman for the Supreme Court told Reuters that Souter "has no comment" on the reports.

Souter, 69, was nominated to the Supreme Court in 1990 by former President George H.W. Bush. He generally sides with the court's three liberal justices in many of the court's major opinions.

His retirement would give President Barack Obama his first opportunity to make an appointment to the Supreme Court.

hire verb [transitive/intransitive] to pay someone to work for you I hired someone to paint the house.
law clerk noun [countable] person who provides assistance to a judge in researching issues before the court and in writing opinions.
side with verbal phrase [transitive] to agree with one particular person and support them in an argument She always sided with my brother.
step down or step aside verbal phrase [intransitive] to leave an official position or job, especially so that someone else can take your place The manager announced that he was stepping down.
surface verb [intransitive] to become known or obvious after being hidden In the aftermath of the trial, charges of corruption have begun to surface. New information about the murder is slowly surfacing.


Learn more:

United States Supreme Court

The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.

For more information about the Supreme Court, visit:


pointing finger 01 Listen: Nina Totenberg On Souter's Retirement On Morning Edition from National Public Radio