Under Article II of the Constitution, the Presidentappoints Supreme Court justices with the "advice and consent" (approval) of the Senate.
Simply put, the President (Executive branch) nominates a candidate to the Court, then the Senate (Legislative branch) votes on the nomination to decide whether the person will be approved or rejected. If the nomination is approved by a simple majority, the President appoints the justice.
More Information
The President and the Senate share responsibility for for seating justices on the US Supreme Court. Article II, Section 2 of the Constitution grants the President power to appoint a Supreme Court justice with the advice and consent of the Senate.
Article II, Section 2, Clause 2
"[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he 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 established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."
The President (Executive branch) nominates a candidate to the Court, then the Senate (Legislative branch) votes on the nomination to decide whether the person will be approved or rejected. If a simple majority (at least 51%) of the voting Senators approve the nomination, the person will be commissioned as a Supreme Court justice. If a simple majority (at least 51%) of the voting Senators reject the nomination, the President has to nominate someone else, and the process starts over.
The "Advice and Consent" Clause was written into the Constitution as part of the system of checks and balances designed to prevent any one branch of government from acquiring too much power.
Copyright © 2026 eLLeNow.com All Rights Reserved.