The United States and Michigan State Supreme Courts

Introduction

United States Supreme Court according to research is the highest court in America (Greenhouse, 2012). The Supreme Court of the United States of America has the furthest degree of appellate jurisdiction reflecting on all the state courts and federal courts. Its headquarters is based in Washington D.C. with full involvements of the chief justice and associate justices numbering eight. The justices in the United States are confirmed by the Senate and nominated by the current president (Greenhouse, 2012). Justices appointed to take a lifetime position unless death occurs, retirement, the act of impeachment, or through resignation. The current chief justice is called John Roberts. The United States Supreme Court is authorized by the United States constitution (Supremecourt.gov, 2012).

Main body

The Michigan Supreme Court is also popularly referred to as ‘Court of last resort in Michigan (Baker, 2010). It has been noted that the court is the highest in position in the state of Michigan comprising of seven justices in power. Each of the justice takes an eight-year term in office. It has been noted that the candidates in Michigan State are largely appointed by existing political parties, with considerations of elections free from party bias or affiliation balloting system (Courts.michigan.gov, 2012). The candidates selected by the Supreme Court must be active electors with a valid license in practicing law in Michigan for a minimum of five years. The age limit is set at seventy years old. The chief justice in Michigan is elected every two years by the justices. The governor takes control until the next general election (Baker, 2010).

Research indicates that the president has the mandate of appointing the justices. The Senate has to be completely involved in the appointment processes. The Senate’s consent and advice are instrumental in the decision-making processes. It has been noted with history that the sitting president of the United States of America often elects justices who share a common ideological view. There is no guarantee of conformity whatsoever and variations and controversies are expected in the appointment and confirmation processes (Greenhouse, 2012). The United States constitution has no limits on the justice role as long as the Senate approves.

Appointment and confirmation processes of late have attracted the attention of the advocacy groups and the media groups. The senators have been extensively involved in rejecting or accepting the nominee made by the president, basing their arguments on the track records of the nominee (Supremecourt.gov, 2012). It has been observed that the Senate Judiciary Committee has the power of branding the nominations with a neutral, positive or negative alignment, significantly influencing the decisions made by the Senate (Greenhouse, 2012). The Senate Judiciary Committee conducts personalized interviewing of the candidates making the final verdict.

The president of the United States of America has the capability of adjusting the list of the nominees prior to the confirmation date. This has happened on a number of occasions when the president notices that the Senate may reject the nominations. The recent case happened in 2006 when the nominations of Harriet Miers were dropped by the sitting president. The president signs a commission upon confirmation of the Senate. The commission must bear the seal of the United States Department of Justice (Greenhouse, 2012). The date of swearing-in and the confirmation date have less influence as compared to the commissioning date. Justices approval processes initially took one month, this has since changed with Congress believing that politics influence the approval processes, particularly from the Reagan administration to the present political arena.

United States president has the power of making temporary appointments if the Senate is in recess. Appointees made in the recess period hold office less than two years. This means that in the process of serving, the Senate plays a critical role in the confirmation. It has been noted that recess appointments are controversial and rare even in Michigan’s highest Court justices in the federal courts (Baker, 2010).

The Michigan Supreme Court was established in 1837 comprising of non-partisans in elections. The court is based in Lansing. The Michigan constitution authorizes the Michigan Supreme Court in carrying out the daily operations. It has been noted that decisions are appealed to the United States Supreme Court. The appointed and conferred justices take a term of eight years with a total of seven positions including the sitting chief justice. The current chief justice of Michigan is called Robert Young, he took the position in 2011 and is expected to quit in 2019 (Courts.michigan.gov, 2012).

Research indicates that the Michigan Supreme Court has the responsibility of making sure that smooth operations of the trial courts exist in Michigan state. Michigan Supreme Court with the help of the State Court Administrative Office ensures that administrative processes are followed to the letter (Baker, 2010). The general public is included in negotiating table to probably initiate changes that would improve the court processes in Michigan. Michigan has exclusive powers of rejecting judges from their offices in case of malpractices. The seven justices are appointed while some are elected to the office.

Conclusion

Supreme Courts take the overall position reflecting on the legal jurisdictions within a nation. Several terms are referring to Supreme Courts resonating with the court of last resort, the court of justice, instance court, the highest court of appeal and apex court. United States Supreme Court oversees all the courts in the American States. Matters resolved by the Supreme Court cannot be reviewed by another court.

References

Baker, F. A. (2010). State of Michigan. Supreme Court. Stephen Baldwin, Complainant and Appellee, Vs. Fred A. Baker, Defendant and Appellant: Brief for Appellant [On the… A.B. Hall, Solicitor for Appellant. F.a. Charleston, South Carolina: Nabu Press.

Courts.michigan.gov. (2012). Michigan Supreme Courts. Web.

Greenhouse, L. (2012). The U.S. Supreme Court: A Very Short Introduction. Oxford: Oxford University Press.

Supremecourt.gov. (2012). Supreme Court of the United States. Web.

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