This thesis traces the growth the United States Senate's role in the Supreme Court confirmation process from the passage of the Judiciary Act of 1789 to the nomination of Robert H. Bork in 1987. Beginning with an examination of the intellectual origins of the Advice and Consent Clause of the United States Constitution, the thesis goes on to demonstrate that the Senate's role in the confirmation process has expanded well beyond the boundaries established by the Framers of the Constitution, and that this has resulted in a usurpation of the presidential power of appointment. The thesis concludes by arguing that the growth of the Senate's role in the confirmation process has harmed the integrity of the judicial branch by infringing upon the separation of powers, specifically demonstrating how the modern confirmation process has threatened to undermine the independence of the Judiciary.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.27938 |
| Date | January 1997 |
| Creators | Dolgin, Anthony Shane. |
| Contributors | Troy, Gil (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Department of History.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001617744, proquestno: MQ37201, Theses scanned by UMI/ProQuest. |
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