미국 연방대법원 대법관의 임명절차

The Appointment Process of a Supreme Court Justice in the U.S.Kang, Seung SikThe appointment of a Supreme Court Justice in the U.S. is one of notable events of American Political Life. As Specified in Article Ⅱ of the U.S. Constitution, Justices are nominated by the president and must be confirmed by a majority of the Senates. Presidents typically seek out Supreme Court nominees whose judicial philosophy and record are similar to the president's own political views. The nomination process has always been political and, in recent years, has often been controversial, as the nominations of Robert Bork in 1987 and Clarence Thomas in 1991 vividly demonstrate. In confirmation process, the Senate assess the moral character of a nominee and inquire into the political or jurisprudential views of nominees. Especially, the Senate is vigilant in reviewing nominations to the Supreme Court, rejecting approximately one of five. In the concrete, between 1789 and 2004 the Senate rejected twenty-five nominees. Many of rejection stem from partisan considerations and individual qualifications. On the other hand, More circumspect and deferential is the Senate's behavior toward Cabinet officers and other departmental positions. The doctrine that the President is entitled to a Cabinet of his own choice is broadly supported. I think that the National Assembly of Korea should learn from the U.S. Senate experience with the confirmation process. So, It is appropriate for the National Assembly of Korea to do an aggressive review of nominations to the Supreme Court and Constitutional Court of Korea. Because the justices in these courts are in a position to check presidential power.