Sunday, April 18, 2010

Separation of Powers/Checks and Balances

Topic: Separation of Powers/Checks and Balances

Source: LA Times. By James Oliphant

Date: April 16, 2010

Title: Obama judicial nominee Goodwin Liu comes under GOP fire


On Friday, Obama’s judicial nominee for the 9th U.S. Circuit Court of Appeals in San Francisco, Goodwin Liu, faced much criticism from the Republican Senators. Liu “is considered among the most liberal of Obama's judicial nominees,” so these Republicans fear his confirmation into the judicial will shift the court too far to the liberal side. Liu is a 39 year old professor of law at UC Berkeley who has never been a judge. Republicans are knocking him for this, but, “two dozen George W. Bush administration nominees had also never been judges.” It appears that Liu would rule by judicial precedent and stated that "I would approach every case with an open mind…The role of a judge is to faithfully follow the law as it is written." The Republicans’ opposition of Liu foreshadows their concern of Obama’s nomination to fill the vacant Supreme Court seat.

This struggle for the filling of judge seats in the 9th U.S. Circuit Court of Appeals in San Francisco is one example of the checks and balances in our governmental system. Republicans appear poised to oppose Goodwin Liu, but they are also using his nomination to show their concerns about the president's approaching pick to replace retiring Supreme Court Justice John Paul Stevens. The Republican Party sees Liu's nomination as part of a larger struggle over the future direction of the federal judiciary, and senators Friday suggested that Liu would create new rights under the Constitution or apply the law in a biased manner. These arguments echoed many of the criticisms directed at Supreme Court Justice Sonia Sotomayor during her confirmation hearing last year. The way Congress can check executive power is how the Senate can refuse to approve a presidential appointment. This is also an example of how the Senate can check the power of the courts. This check of power is specifically stated in the Constitution. I think that the Republicans will combat any judicial nominee who is a liberal because they want the court to be as conservative as possible, as many Republicans are conservatives. Liu, however, is considered one of Obama’s most liberal nominees, so I can definitely see where the Republicans are coming from being outspoken against this selection. This conflict foreshadows how Obama will need Senate approval on his coming appointment for the Supreme Court.


LA Times Article
http://articles.latimes.com/2010/apr/16/nation/la-na-goodwin-liu17-2010apr17

No comments:

Post a Comment