DrMyers’s Blog

May 1, 2009

Day 102 – Robert Gibbs Interupted: Appointments, Appointments, Appointments!

 

The job of the White House Press Secretary is not an easy one.  Every statement made by this individual reflects directly as the viewpoint of the Administration and even the President.  George Akerson, the first appointed press secretary under President Herbert Hoover, felt the blunt-end of criticism by both the President and Press Corps, consequently being blamed for the Republican president’s deteriorating relations with the Washington Press Corps. Unfortunately, he received his appointment right after the 1929 Stock Market Crash, which subsequently was the beginning of the Great Depression.  Press Secretaries over the last 10 years, usually stay in office (or can only undertake the stress that comes along with job) for only two or four years.  Stephen Early, press secretary under President Roosevelt, stayed in his position for 12 years, which could be attributed to the America’s entrance into the Second World War.  

The Whitehouse Press Secretary becomes the “messenger” that usually fields questions from the members of the Press Corps.  Depending on the recent actions coming from the White House, the daily press conference can be either very lively and intense, or dull and overlooked; but the Press Conference held today will be one that will make history and mark the beginning for a major milestone within the life of a young administration.

 

Justice David Souter

Justice David Souter

 

Today, President Obama interrupted the daily White House Press Brief, to tell reporters that he had just got off of the phone with David Souter, and that Souter would be leaving the US Supreme Court at the end of this session.  The President stated that, “I am extremely thankful for his extraordinary service” speaking admirably of Souter and his service to the Court, also stating that he is looking to make sure the new Justice will be “Seated by the 1st Monday of October”.  

Leaving the briefing room, Robert Gibbs again took the stage, and began the task many of his predecessors had grown to master…the task and skill of “Playing by Ear”!

The power vested to the President in Article 2 of the Constitution, giving him the authority to appoint a Justice to the Supreme Court is considered to be the most important task of the President, and it is a task that has not been taken lightly or for granted by the former Presidents.  The art of choosing the right candidate can have a long lasting effect on how our justice system interprets the Law.  Being that Justices are confirmed to Life Long terms, the appointment of a Justice could affect the way laws are interpreted long after the President has left office (Such as John Paul Stevens who was appointed by Late President Ford).  

A great example of the long lasting effects of a court starts within the court under Chief Justice John Jay.  John Jay was the first Chief Justice of the five members Supreme Court, appointed in 1791 during the presidency of George Washington.  The case was Chisholm v. Georgia, and the Plaintiff Alexander Chisholm, the executor of the estate of Robert Farquhar, attempted to sue the state of Georgia in the Supreme Court over payments due him for goods that Farquhar had supplied Georgia during the American Revolutionary War.   The defendant, Georgia, refused to appear, claiming that as a “sovereign”, a state did not have to appear in court to hear a suit against it to which it did not consent.  This resulted in the Court 4–1 decision, found in favor of the plaintiff.  The constitutional interpretation handed down by that court argued that Article 3, Section 2, of the Constitution abrogated the States’ sovereign immunity and granted federal courts the affirmative power to hear disputes between private citizens and States.  As a result of this decision, Congress proposed the Eleventh Amendment, which granted states immunity from certain types of lawsuits in federal courts. This Amendment was ratified in 1795.

Only on day 102 of his presidency, Barack Obama now has the opportunity to start his “Justice Search”.  The eyes of America are pointed directly upon the 9 member court, knowing that President Obama’s choice could lean the court in a liberal direction.  The nine-member court has often split in 5-4 votes between conservative and liberal factions on a range of issues. 

Many are concerned upon the racial/gender representation in the Supreme Court, with Justice Clarence Thomas serving as the only African American on the court and Justice Ruth Bader Ginsburg serving as the only woman.   

Regardless of the choice, The president has made clear that he is looking for someone who is ”Dedicated to the Rule of law…” and someone with a “Sharp independent mind”, with the latter giving insight towards a more conservative Justice that I anticipate will be disputed by the left.  The one thing we know, is that whoever President Obama nominates, if confirmed by the Senate, the issues of; Separation of Church and State, Same Sex Marriage, and Patriot Act, might lie within the vote of this future Justice! 

Perhaps, John Jay did have an interpretation we all should remember in times like this, and keep this statement close when choosing a representative of the people, to properly interpret the laws that  the people will have to abide by:

 

Chief Justice John Jay

Chief Justice John Jay

 

“The people who own the country, ought to govern it”

Chief Justice John Jay

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1 Comment »

  1. Hey, just saw your comment over at my blog (Secretary Clinton) and you can definitely blogroll me and if it’s ok, I will do the same for you. You have good info. over here and I love finding new political blogs to read daily.

    Just for fyi, I have another political blog which is about politics in general-
    http://www.cafepolitico.us/blog.

    I like your template for this site a lot- it’s very clean looking.

    Comment by stacyx — May 2, 2009 @ 7:04 pm | Reply


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