Origins of the Federal Court System

Creation of the Court

Under the Constitution, who appoints Supreme Court justices?

The Constitution provides that the president has the power to appoint “Judges of the Supreme Court.” Article II, Section 2, says that the president “shall have Power … [to] nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for.” This means that the president nominates Supreme Court justices and the U.S. Senate then confirms (or denies) the selection.


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