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The longest vacancy during this time frame, and the longest since the Supreme Court was expanded to nine members in 1869, was the 422-day vacancy between the death of Antonin Scalia on February 13, 2016, and the swearing-in of Neil Gorsuch on April 10, 2017. [107] Overall, it was the eighth-longest vacancy period in U.S. Supreme Court history.
The founders went to great lengths to balance institutions against each other––balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests ...
Myers v. United States, 272 U.S. 52 (1926), was a United States Supreme Court decision ruling that the President has the exclusive power to remove executive branch officials, and does not need the approval of the Senate or any other legislative body. It was distinguished in 1935 by Humphrey's Executor v. United States.
The Supreme Court upheld this practice in 2014, ruling that a president can only make a recess appointment when the Senate is out of session for 10 days or longer.
“Democrats will not be able to expand the court unless they control the presidency, the Senate and the House,” Feldman said. Democrats control the Senate, while Republicans dominate the House.
The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [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 for, and which shall be ...
The U.S. Constitution's Section 3 of Article I, establishes the Senate, qualifications for senators and their role after a presidential impeachment.
The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789 and upheld early in the court's history, by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court is the only federal court that has jurisdiction over direct ...