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134-557: In the United States, the United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge . An ALJ's powers are often, if not generally, comparable to those of a trial judge, as ALJs may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. Depending upon

268-408: A strong central government argued that national laws could be enforced by state courts, while others, including James Madison , advocated for a national judicial authority consisting of tribunals chosen by the national legislature. It was proposed that the judiciary should have a role in checking the executive's power to veto or revise laws. Eventually, the framers compromised by sketching only

402-603: A "case or controversy" before them and may render advisory opinions on a purely prospective basis, such as, e.g. , Congressional reference cases assigned to the Court of Federal Claims . Agency ALJs do not have the power to offer such advisory opinions, as it would be in violation of the power afforded them under the Administrative Procedures Act, 5 U.S.C. §557. Unlike the agency, ALJs are not policy or rule makers. ALJs are generally considered to be part of

536-452: A "central panel" organization, which provides the judges with independence from agencies. The California Administrative Procedure Act created an early central panel in 1945, and it served as a model for other states. By 2015, over half of states had created such panels. Most U.S. states have a statute modeled after the APA. In some states, such as New Jersey , the state law is also known as

670-459: A Catholic or an Episcopalian . Historically, most justices have been Protestants, including 36 Episcopalians, 19 Presbyterians , 10 Unitarians , 5 Methodists , and 3 Baptists . The first Catholic justice was Roger Taney in 1836, and 1916 saw the appointment of the first Jewish justice, Louis Brandeis . In recent years the historical situation has reversed, as most recent justices have been either Catholic or Jewish. Three justices are from

804-575: A bigger court would reduce the power of the swing justice , ensure the court has "a greater diversity of views", and make confirmation of new justices less politically contentious. There are currently nine justices on the Supreme Court: Chief Justice John Roberts and eight associate justices. Among the current members of the court, Clarence Thomas is the longest-serving justice, with a tenure of 12,090 days ( 33 years, 36 days) as of November 28, 2024;

938-558: A chief justice and five associate justices through the Judiciary Act of 1789 . The size of the court was first altered by the Midnight Judges Act of 1801 which would have reduced the size of the court to five members upon its next vacancy (as federal judges have life tenure ), but the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members before any such vacancy occurred. As

1072-554: A civil service position. Nevertheless, its salary level was tied to that of permanent secretaries (Point 8 of the Directorate Payscale) instead of that of politically appointed secretaries. The first office holder Lam Woon Kwong was a civil servant who opted for early retirement directly from this position in January 2005; and therefore did not subsequently take up any civil service or politically appointed position. Lam

1206-524: A commission, to which the Seal of the Department of Justice must be affixed, before the appointee can take office. The seniority of an associate justice is based on the commissioning date, not the confirmation or swearing-in date. After receiving their commission, the appointee must then take the two prescribed oaths before assuming their official duties. The importance of the oath taking is underscored by

1340-472: A conservative shift. It also expanded Griswold ' s right to privacy to strike down abortion laws ( Roe v. Wade ) but divided deeply on affirmative action ( Regents of the University of California v. Bakke ) and campaign finance regulation ( Buckley v. Valeo ). It also wavered on the death penalty , ruling first that most applications were defective ( Furman v. Georgia ), but later that

1474-558: A floor vote in the Senate. A president may withdraw a nomination before an actual confirmation vote occurs, typically because it is clear that the Senate will reject the nominee; this occurred with President George W. Bush's nomination of Harriet Miers in 2005. The Senate may also fail to act on a nomination, which expires at the end of the session. President Dwight Eisenhower 's first nomination of John Marshall Harlan II in November 1954

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1608-504: A four-hour written examination and an oral examination before a panel that includes an Office of Personnel Management representative, an American Bar Association representative, and a sitting federal ALJ. In American administrative law , ALJs are Article I judges under the U.S. Constitution . As such, they do not exercise full judicial power, essentially, the power over life, liberty, and property. Article I (legislative) judges and courts are not constrained to rendering opinions for only

1742-671: A general outline of the judiciary in Article Three of the United States Constitution , vesting federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the judicial branch as a whole. The 1st United States Congress provided

1876-564: A home of its own and had little prestige, a situation not helped by the era's highest-profile case, Chisholm v. Georgia (1793), which was reversed within two years by the adoption of the Eleventh Amendment . The court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as

2010-456: A justice, but made appointments during their subsequent terms in office. No president who has served more than one full term has gone without at least one opportunity to make an appointment. One of the smallest supreme courts in the world, the U.S. Supreme Court consists of nine members: one chief justice and eight associate justices. The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for

2144-408: A period of 373 days. Other federal agencies may request the U.S. Office of Personnel Management to lend them Administrative Law Judges from other federal agencies for a period of up to six months. Some states, such as California , follow the federal model of having a separate corps of ALJs attached to each agency that uses them. Others, such as New Jersey, have consolidated all ALJs together into

2278-450: A president may make temporary appointments to fill vacancies. Recess appointees hold office only until the end of the next Senate session (less than two years). The Senate must confirm the nominee for them to continue serving; of the two chief justices and eleven associate justices who have received recess appointments, only Chief Justice John Rutledge was not subsequently confirmed. No U.S. president since Dwight D. Eisenhower has made

2412-402: A recess appointment to the court, and the practice has become rare and controversial even in lower federal courts. In 1960, after Eisenhower had made three such appointments, the Senate passed a "sense of the Senate" resolution that recess appointments to the court should only be made in "unusual circumstances"; such resolutions are not legally binding but are an expression of Congress's views in

2546-420: A remnant of British tradition, and instead issuing a single majority opinion. Also during Marshall's tenure, although beyond the court's control, the impeachment and acquittal of Justice Samuel Chase from 1804 to 1805 helped cement the principle of judicial independence . The Taney Court (1836–1864) made several important rulings, such as Sheldon v. Sill , which held that while Congress may not limit

2680-714: A republic and elevated to Secretary to the cabinet and Head of Public Service, appointed by the President. The officer would be the senior most civil servant, in charge of the Civil Service and the Cabinet Office. Under the 2010 constitution, the Secretary to the Cabinet is defined as in charge of cabinet office and is appointed by the president subject to parliamentary approval upon vetting. The current holder of

2814-412: A single agency that holds hearings on behalf of all other state agencies. This type of state adjudicatory agency is called a " central panel agency ". Many states have a central panel agency, but the agency does not handle all the hearings for every state agency. United States Supreme Court The Supreme Court of the United States ( SCOTUS ) is the highest court in the federal judiciary of

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2948-462: A statute provides such a power. Instead, the ALJ may refer a matter to an Article III Court to seek enforcement or sanctions. The process of agency adjudication is currently structured so as to assure that ALJs exercise independent judgment on the evidence before them, free from pressures by the parties or other officials within the agency. The procedure for reviewing an ALJ's decision varies depending upon

3082-547: A vacancy occurs, the president , with the advice and consent of the Senate , appoints a new justice. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the opinion of the court ; otherwise, the most senior justice in the majority assigns the task of writing the opinion. On average, the Supreme Court receives about 7,000 petitions for writs of certiorari each year, but only grants about 80. It

3216-463: A violation of equal protection ( United States v. Virginia ), laws against sodomy as violations of substantive due process ( Lawrence v. Texas ) and the line-item veto ( Clinton v. New York ) but upheld school vouchers ( Zelman v. Simmons-Harris ) and reaffirmed Roe ' s restrictions on abortion laws ( Planned Parenthood v. Casey ). The court's decision in Bush v. Gore , which ended

3350-579: A year in their assigned judicial district. Immediately after signing the act into law, President George Washington nominated the following people to serve on the court: John Jay for chief justice and John Rutledge , William Cushing , Robert H. Harrison , James Wilson , and John Blair Jr. as associate justices. All six were confirmed by the Senate on September 26, 1789; however, Harrison declined to serve, and Washington later nominated James Iredell in his place. The Supreme Court held its inaugural session from February 2 through February 10, 1790, at

3484-595: Is accepted practice in the legislative and executive branches, organizations such as the Federalist Society do officially filter and endorse judges that have a sufficiently conservative view of the law. Jurists are often informally categorized in the media as being conservatives or liberal. Attempts to quantify the ideologies of jurists include the Segal–Cover score , Martin-Quinn score , and Judicial Common Space score. Devins and Baum argue that before 2010,

3618-483: Is appointed on the recommendation of the prime minister , with the current secretary being Yossi Fuchs. In Japan the office of Chief cabinet secretary has been made into a ministerial post, being held by a member of the House of Representatives . This is unusual, as most countries give the position to a civil servant. The chief cabinet secretary performs much the same role as other cabinet secretaries; however, he or she

3752-450: Is one of the smallest supreme courts in the world. David Litt argues the court is too small to represent the perspectives of a country the United States' size. Lawyer and legal scholar Jonathan Turley has advocated for 19 justices, but with the court being gradually expanded by no more than two new members per subsequent president, bringing the U.S. Supreme Court to a similar size as its counterparts in other developed countries. He says that

3886-602: Is responsible for overseeing the administrative operations of Cabinet, and presiding over the Cabinet Secretariat. The post has the added function of being the government's chief press secretary . In New Zealand the Cabinet Secretary is part of the Department of the Prime Minister and Cabinet , which provides assistance, coordination, and advice. The Cabinet Secretary also serves as Clerk of

4020-614: Is responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through

4154-698: Is the head of the Cabinet Office . The post is held by a civil servant and it is equal to a Permanent Secretary . In the United States there is an official called the Cabinet Secretary within the Executive Office of the President charged with maintaining relations between members of the Cabinet and the White House . The position is not a civil service position, instead being subject to presidential appointment. The current Cabinet Secretary

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4288-652: Is used in Japan, Kenya, Scotland and the United States. In Australia the equivalent position is the Secretary of the Department of the Prime Minister and Cabinet , although both the department and its secretary have wider responsibilities than in most other governments derived from the Westminster System . Prime Minister Scott Morrison established a position entitled Cabinet Secretary in August 2019 within

4422-505: Is usually a senior official (typically a civil servant) who provides services and advice to a cabinet of ministers as part of the Cabinet Office. In many countries, the position can have considerably wider functions and powers, including general responsibility for the entire civil service . The title of cabinet secretary may also be used as an alternative term for a politically appointed cabinet minister , derived from secretary of state —the formal title for ministers. This naming convention

4556-564: The 1st Congress through the Judiciary Act of 1789 . As it has since 1869, the court consists of nine justices – the chief justice of the United States and eight associate justices  – who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure , meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When

4690-580: The BBC sitcom Yes, Prime Minister ). The Cabinet Secretary is responsible for overseeing the intelligence services and their relationship to the government, though since 2002 this responsibility has been delegated to a full-time role (initially as Security and Intelligence Co-ordinator , now the Head of Intelligence, Security and Resilience working to the National Security Adviser ), with

4824-602: The Cabinet Office in the United Kingdom . This department provides the secretariat to the Cabinet and co-ordinates the Government Press Office . It also has some policy functions with regard to key areas such as Northern Ireland , economic policy, and public service modernisation. The role is modeled on, and is broadly similar to, the UK equivalent, though in recent times has become more constrained by

4958-661: The Cabinet Secretary is a senior civil servant who is responsible for running the Cabinet Division . In the UK Government the Cabinet Secretary is the most senior civil servant in the country, providing policy advice to the prime minister and Cabinet . The role is currently occupied by Simon Case , appointed in September 2020 following the resignation of Mark Sedwill . From 1981 to 2011,

5092-632: The Equal Protection Clause of the Fourteenth Amendment ( Brown v. Board of Education , Bolling v. Sharpe , and Green v. County School Bd. ) and that legislative districts must be roughly equal in population ( Reynolds v. Sims ). It recognized a general right to privacy ( Griswold v. Connecticut ), limited the role of religion in public school, most prominently Engel v. Vitale and Abington School District v. Schempp , incorporated most guarantees of

5226-576: The Executive Council , the formal body on which Cabinet rests. The office of Cabinet Secretary is somewhat anomalous, by New Zealand standards, in that it is partly autonomous from the department to which it belongs. The role does not, however, have the broad powers given to its British equivalent – for example, authority over the civil service is held by the State Services Commissioner , a separate official. In Pakistan

5360-655: The National Association of Hearing Officials . The constitutionality of the use of ALJs by executive branch administrative agencies has become the subject of frequent challenges in judicial branch courts during the early 21st century. In Lucia v. SEC (2018), the U.S. Supreme Court ruled that ALJs are officers of the United States and thus subject to the Appointments Clause of the Constitution—requiring their appointment to be made by

5494-758: The National Labor Relations Board 's use of ALJs. At least one court has ruled that the challenges would "neuter" the National Labor Relations Act and are unlikely to succeed, and that the National Labor Relations Board 's use of ALJs is likely constitutional. The United States does not have administrative courts in the judicial branch. In contrast, in the United Kingdom the Tribunals, Courts and Enforcement Act 2007 recognises legally qualified members of

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5628-690: The President 's spokesperson. Secretary to the Cabinet The office of Secretary the Cabinet was established in 1963. The officer was in charge of the Cabinet Office and assisted the Prime Minister in managing cabinet affairs. The Secretary to the Cabinet was appointee of the Governor General, in consultation with the Public Service Commission and the Prime Minister at the time. The position was retained after Kenya became

5762-495: The Prime Minister's Office responsible for cabinet operations and appointed a former senior political adviser and intelligence official Andrew Shearer to the role. The Cabinet Secretary is also a title conferred on an Australian minister responsible for assisting the prime minister to manage the day-to-day procedural and operational matters of the Cabinet and any Cabinet committees. As per all other ministers in

5896-629: The Royal Exchange in New York City, then the U.S. capital. A second session was held there in August 1790. The earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. When the nation's capital was moved to Philadelphia in 1790, the Supreme Court did so as well. After initially meeting at Independence Hall , the court established its chambers at City Hall. Under chief justices Jay, Rutledge, and Ellsworth (1789–1801),

6030-512: The Scottish Government , whilst senior ministers were re-titled from ministers to cabinet secretaries. Similarly, junior ministers were re-titled from deputy ministers to minister. The Welsh Government followed suit in 2016 under first minister Carwyn Jones , in order to reflect the government's expansion of powers in recent years. It reverted back to the original names from 2018 to 2024 under Mark Drakeford , before returning to

6164-662: The Westminster system , the Cabinet Secretary is a sitting member of Parliament , chosen by the Prime Minister and officially appointed by the Governor-General . The Cabinet Secretary is a portfolio minister of the Department of the Prime Minister and Cabinet and has existed at various stages since 2007. In Canada the equivalent position is the Clerk of the Privy Council , who functions as Deputy Minister to

6298-411: The assassination of Abraham Lincoln , was denied the opportunity to appoint a justice by a reduction in the size of the court . Jimmy Carter is the only person elected president to have left office after at least one full term without having the opportunity to appoint a justice. Presidents James Monroe , Franklin D. Roosevelt, and George W. Bush each served a full term without an opportunity to appoint

6432-471: The prime minister of Canada and heads the Privy Council Office . Canada's provinces and territories also have equivalent officials as the head of their respective public services, as in the list below: The Cabinet Secretariat is under the direct charge of the Prime Minister . The administrative head of the Cabinet Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of

6566-685: The Administrative Procedure Act. Unlike federal ALJs, whose powers are guaranteed by federal statute, state ALJs have widely varying power and prestige. In some state law contexts, ALJs have almost no power; their decisions are accorded practically no deference and become, in effect, recommendations. In some cities, ALJs are at-will employees of the agency, making their decisional independence potentially questionable. In some agencies, ALJs dress like lawyers in business suits , share offices, and hold hearings in ordinary conference rooms. In other agencies (especially certain offices of

6700-533: The Bill of Rights against the states, prominently Mapp v. Ohio (the exclusionary rule ) and Gideon v. Wainwright ( right to appointed counsel ), and required that criminal suspects be apprised of all these rights by police ( Miranda v. Arizona ). At the same time, the court limited defamation suits by public figures ( New York Times Co. v. Sullivan ) and supplied the government with an unbroken run of antitrust victories. The Burger Court (1969–1986) saw

6834-691: The Bill of Rights, such as in Citizens United v. Federal Election Commission ( First Amendment ), Heller – McDonald – Bruen ( Second Amendment ), and Baze v. Rees ( Eighth Amendment ). Article II, Section 2, Clause 2 of the United States Constitution , known as the Appointments Clause , empowers the president to nominate and, with the confirmation ( advice and consent ) of the United States Senate, to appoint public officials , including justices of

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6968-531: The Cabinet Secretary focussing on civil service reforms to help deliver the government's policy programme. The term cabinet secretary is currently also used to refer to the senior cabinet members of the Scottish and Welsh governments. Following the 2007 General Election of the devolved Scottish Parliament , the new First Minister Alex Salmond restyled the Scottish Executive to be branded as

7102-649: The Civil Services Board, and thus the head of the Indian Administrative Service . As a matter of convention the senior most civil servant is appointed as a Cabinet Secretary. He or she belongs to the Indian Administrative Service. The incumbent generally has a tenure of two to three years. Though there is no fixed tenure. His or her tenure however, can be extended. The Cabinet Secretary is the head of all

7236-503: The Constitution , giving a broader reading to the powers of the federal government to facilitate President Franklin D. Roosevelt 's New Deal (most prominently West Coast Hotel Co. v. Parrish , Wickard v. Filburn , United States v. Darby , and United States v. Butler ). During World War II , the court continued to favor government power, upholding the internment of Japanese Americans ( Korematsu v. United States ) and

7370-410: The Constitution provides that justices "shall hold their offices during good behavior", which is understood to mean that they may serve for the remainder of their lives, until death; furthermore, the phrase is generally interpreted to mean that the only way justices can be removed from office is by Congress via the impeachment process . The Framers of the Constitution chose good behavior tenure to limit

7504-512: The Court never had clear ideological blocs that fell perfectly along party lines. In choosing their appointments, Presidents often focused more on friendship and political connections than on ideology. Republican presidents sometimes appointed liberals and Democratic presidents sometimes appointed conservatives. As a result, "... between 1790 and early 2010 there were only two decisions that the Guide to

7638-615: The Division of Workers' Compensation of the California Department of Industrial Relations ), ALJs wear robes like Article III judges , are referred to as "Honorable" and "Your Honor", work in private chambers, hold hearings in special "hearing rooms" that look like small courtrooms , and have court clerks who swear in witnesses. State ALJs can be generalists or specialize in specific fields of law, such as tax law. Professional organizations that represent federal ALJs include

7772-691: The Federal Administrative Law Judges Conference, the Association of Administrative Law Judges, which represents only Social Security ALJs, and the Forum of United States Administrative Law judges. Professional organizations that include both state and federal ALJs include the National Association of Administrative Law Judiciary , the ABA National Conference of Administrative Law Judiciary , and

7906-455: The Home Civil Service and Permanent Secretary at the Department for Communities and Local Government and Ian Watmore as lastly, Cabinet Office Permanent Secretary . The responsibilities of the job vary from time to time and depend very much on the personal qualities of both the prime minister and Cabinet Secretary of the day. In most cases the true influence of the Cabinet Secretary extends far beyond administrative matters, and reaches to

8040-408: The President or an otherwise delegated officer—but they do not require Senate confirmation as they are merely considered "inferior" officers. In 2023, the case of SEC v. Jarkesy raised the issues of whether the use of ALJ factfinding as a replacement for a jury trial violates the Seventh Amendment and the nondelegation doctrine . In June 2024, the U.S. Supreme Court ruled by a 6-3 majority that

8174-412: The Reagan administration to the present, the process has taken much longer and some believe this is because Congress sees justices as playing a more political role than in the past. According to the Congressional Research Service , the average number of days from nomination to final Senate vote since 1975 is 67 days (2.2 months), while the median is 71 days (2.3 months). When the Senate is in recess ,

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8308-581: The Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business." This ruling allows the Senate to prevent recess appointments through the use of pro-forma sessions . Lifetime tenure of justices can only be found for US federal judges and the State of Rhode Island's Supreme Court justices, with all other democratic nations and all other US states having set term limits or mandatory retirement ages. Larry Sabato wrote: "The insularity of lifetime tenure, combined with

8442-466: The SEC's use of ALJs in administrative proceedings for regulatory violations analogous to securities fraud violates the Seventh Amendment because there was a right to a jury trial in fraud actions at common law, then refused to decide any other issues. While Lucia and Jarkesy were specifically focused on the SEC, there are other pending cases in lower-level courts (such as those brought by SpaceX and Trader Joe's ) which brought similar challenges to

8576-410: The Senate may not set any qualifications or otherwise limit who the president can choose. In modern times, the confirmation process has attracted considerable attention from the press and advocacy groups, which lobby senators to confirm or to reject a nominee depending on whether their track record aligns with the group's views. The Senate Judiciary Committee conducts hearings and votes on whether

8710-756: The Senate, and remained in office until his death in 1811. Two justices, William O. Douglas and Abe Fortas were subjected to hearings from the Judiciary Committee, with Douglas being the subject of hearings twice, in 1953 and again in 1970 and Fortas resigned while hearings were being organized in 1969. On July 10, 2024, Representative Alexandria Ocasia-Cortez filed Articles of Impeachment against justices Clarence Thomas and Samuel Alito , citing their "widely documented financial and personal entanglements." Because justices have indefinite tenure, timing of vacancies can be unpredictable. Sometimes they arise in quick succession, as in September 1971, when Hugo Black and John Marshall Harlan II left within days of each other,

8844-402: The State Council and is in charge of the State Council General Office. In Hong Kong there is a politically appointed Director of the Chief Executive's Office , as well as a Permanent Secretary who is a civil servant. The position of Director was first established in 2002 as part of the ' Principal Officials Accountability System ', and it was not clear whether it was a politically appointed or

8978-425: The Supreme Court. This clause is one example of the system of checks and balances inherent in the Constitution. The president has the plenary power to nominate, while the Senate possesses the plenary power to reject or confirm the nominee. The Constitution sets no qualifications for service as a justice, such as age, citizenship, residence or prior judicial experience, thus a president may nominate anyone to serve, and

9112-495: The U.S. Constitution . In a 2013 majority opinion signed by Associate Justice Antonin Scalia , the U.S. Supreme Court explained: The dissent overstates when it claims that agencies exercise "legislative power" and "judicial power" ... The former is vested exclusively in Congress ... the latter in the "one supreme Court" and "such inferior Courts as the Congress may from time to time ordain and establish" ... Agencies make rules ... and conduct adjudications ... and have done so since

9246-566: The U.S. Supreme Court designated as important and that had at least two dissenting votes in which the Justices divided along party lines, about one-half of one percent." Even in the turbulent 1960s and 1970s, Democratic and Republican elites tended to agree on some major issues, especially concerning civil rights and civil liberties—and so did the justices. But since 1991, they argue, ideology has been much more important in choosing justices—all Republican appointees have been committed conservatives and all Democratic appointees have been liberals. As

9380-421: The United States . It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law . It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself

9514-482: The age of 70   years 6   months and refused retirement, up to a maximum bench of 15 justices. The proposal was ostensibly to ease the burden of the docket on elderly judges, but the actual purpose was widely understood as an effort to "pack" the court with justices who would support Roosevelt's New Deal. The plan, usually called the " court-packing plan ", failed in Congress after members of Roosevelt's own Democratic Party believed it to be unconstitutional. It

9648-585: The agency's jurisdiction, proceedings may have complex multi-party adjudication, as is the case with the Federal Energy Regulatory Commission , or simplified and less formal procedures, as is the case with the Social Security Administration . The Administrative Procedure Act of 1946 (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including

9782-466: The agency. Agencies generally have an internal appellate body, with some agencies having a Cabinet secretary decide the final internal appeals. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the state or federal courts. Relevant statutes usually require a party to exhaust all administrative appeals before they are allowed to sue an agency in court. Administrative law judges may be employed by

9916-451: The appointments of relatively young attorneys who give long service on the bench, produces senior judges representing the views of past generations better than views of the current day." Sanford Levinson has been critical of justices who stayed in office despite medical deterioration based on longevity. James MacGregor Burns stated lifelong tenure has "produced a critical time lag, with the Supreme Court institutionally almost always behind

10050-597: The beginning of the Republic. These activities take "legislative" and "judicial" forms, but they are exercises of—indeed, under our constitutional structure they must be exercises of—the "executive Power." Most of the agencies below have only a few dozen ALJs. In 2013, the Social Security Administration (SSA) had by far the largest number of ALJs at over 1,400, who adjudicate over 700,000 cases each year. The average SSA hearing process occurs over

10184-554: The behest of Chief Justice Chase , and in an attempt by the Republican Congress to limit the power of Democrat Andrew Johnson , Congress passed the Judicial Circuits Act of 1866, providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. Soon after Johnson left office,

10318-629: The cabinet secretary titles under Vaughan Gething . The Secretary-General of the State Council is an executive position within the State Council of the People's Republic of China. It ranks below the Premier and above the Ministers of various ministries and departments. The current secretary general is State Councilor Xiao Jie . The Secretary-General is responsible for the day-to-day work of

10452-529: The case of Edwin M. Stanton . Although confirmed by the Senate on December 20, 1869, and duly commissioned as an associate justice by President Ulysses S. Grant , Stanton died on December 24, prior to taking the prescribed oaths. He is not, therefore, considered to have been a member of the court. Before 1981, the approval process of justices was usually rapid. From the Truman through Nixon administrations, justices were typically approved within one month. From

10586-502: The civil service. The second means that the Cabinet Secretary is responsible for leading the government department that provides administrative support to the Prime Minister and Cabinet. The post is appointed by the prime minister with the advice of the out-going Cabinet Secretary and the First Civil Service Commissioner . With the retirement of Gus O'Donnell , who served from 2005 until the end of 2011,

10720-741: The civil services under the constitution which is the All India Civil Services and the Central Civil Services (Grade A and Grade B). His status in the Indian order of precedence is equivalent to that of the Attorney General of India and just above chiefs of staff or equivalent in the armed services holding the rank of full general. The functions of the Cabinet Secretary in India are: The Cabinet Secretariat

10854-446: The committee reports out the nomination, the full Senate considers it. Rejections are relatively uncommon; the Senate has explicitly rejected twelve Supreme Court nominees, most recently Robert Bork , nominated by President Ronald Reagan in 1987. Although Senate rules do not necessarily allow a negative or tied vote in committee to block a nomination, prior to 2017 a nomination could be blocked by filibuster once debate had begun in

10988-510: The court (by order of seniority following the Chief Justice) include: For much of the court's history, every justice was a man of Northwestern European descent, and almost always Protestant . Diversity concerns focused on geography, to represent all regions of the country, rather than religious, ethnic, or gender diversity. Racial, ethnic, and gender diversity in the court increased in the late 20th century. Thurgood Marshall became

11122-406: The court heard few cases; its first decision was West v. Barnes (1791), a case involving procedure. As the court initially had only six members, every decision that it made by a majority was also made by two-thirds (voting four to two). However, Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789. The court lacked

11256-425: The court is composed of six justices appointed by Republican presidents and three appointed by Democratic presidents. It is popularly accepted that Chief Justice Roberts and associate justices Thomas , Alito , Gorsuch , Kavanaugh , and Barrett, appointed by Republican presidents, compose the court's conservative wing, and that Justices Sotomayor , Kagan , and Jackson , appointed by Democratic presidents, compose

11390-522: The court the most conservative since the 1930s as well as calls for an expansion in the court's size to fix what some saw as an imbalance, with Republicans having appointed 14 of the 18 justices immediately preceding Amy Coney Barrett . In April 2021, during the 117th Congress , some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats. It met divided views within

11524-416: The court's liberal wing. Prior to Justice Ginsburg's death in 2020, the conservative Chief Justice Roberts was sometimes described as the court's 'median justice' (with four justices more liberal and four more conservative than he is). Darragh Roche argues that Kavanaugh as 2021's median justice exemplifies the rightward shift in the court. Cabinet Secretary#United States A cabinet secretary

11658-538: The court's members. The Constitution assumes the existence of the office of the chief justice, because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over impeachment trials of the President of the United States . The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of

11792-441: The death penalty itself was not unconstitutional ( Gregg v. Georgia ). The Rehnquist Court (1986–2005) was known for its revival of judicial enforcement of federalism , emphasizing the limits of the Constitution's affirmative grants of power ( United States v. Lopez ) and the force of its restrictions on those powers ( Seminole Tribe v. Florida , City of Boerne v. Flores ). It struck down single-sex state schools as

11926-438: The detailed organization of a federal judiciary through the Judiciary Act of 1789 . The Supreme Court, the country's highest judicial tribunal, was to sit in the nation's capital and would initially be composed of a chief justice and five associate justices. The act also divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold circuit court twice

12060-801: The electoral recount during the 2000 United States presidential election , remains especially controversial with debate ongoing over the rightful winner and whether or not the ruling should set a precedent. The Roberts Court (2005–present) is regarded as more conservative and controversial than the Rehnquist Court. Some of its major rulings have concerned federal preemption ( Wyeth v. Levine ), civil procedure ( Twombly – Iqbal ), voting rights and federal preclearance ( Shelby County ), abortion ( Gonzales v. Carhart and Dobbs v. Jackson Women's Health Organization ), climate change ( Massachusetts v. EPA ), same-sex marriage ( United States v. Windsor and Obergefell v. Hodges ), and

12194-408: The executive branch, not the judicial branch, but the APA is designed to guarantee the decisional independence of ALJs. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal administrative law judges are not responsible to, or subject to, the supervision or direction of employees or agents of the federal agency engaged in

12328-493: The expansion of the political appointment system to introduce two layers of politically appointed junior secretaries, the salary level of the position was changed to tie with that of politically appointed secretaries. The office holder is also officially given the duty to co-ordinate the works of different bureaus (as Hong Kong ministries are known since 1997), making the office holder politically more powerful, regardless of his or her seniority. The position of Permanent Secretary

12462-474: The first African-American justice in 1967. Sandra Day O'Connor became the first female justice in 1981. In 1986, Antonin Scalia became the first Italian-American justice. Marshall was succeeded by African-American Clarence Thomas in 1991. O'Connor was joined by Ruth Bader Ginsburg, the first Jewish woman on the Court, in 1993. After O'Connor's retirement Ginsburg was joined in 2009 by Sonia Sotomayor ,

12596-1242: The first Hispanic and Latina justice, and in 2010 by Elena Kagan. After Ginsburg's death on September 18, 2020, Amy Coney Barrett was confirmed as the fifth woman in the court's history on October 26, 2020. Ketanji Brown Jackson is the sixth woman and first African-American woman on the court. There have been six foreign-born justices in the court's history: James Wilson (1789–1798), born in Caskardy , Scotland; James Iredell (1790–1799), born in Lewes , England; William Paterson (1793–1806), born in County Antrim , Ireland; David Brewer (1889–1910), born to American missionaries in Smyrna , Ottoman Empire (now İzmir , Turkey); George Sutherland (1922–1939), born in Buckinghamshire , England; and Felix Frankfurter (1939–1962), born in Vienna , Austria-Hungary (now in Austria). Since 1789, about one-third of

12730-407: The full Senate. President Lyndon B. Johnson 's nomination of sitting associate justice Abe Fortas to succeed Earl Warren as Chief Justice in 1968 was the first successful filibuster of a Supreme Court nominee. It included both Republican and Democratic senators concerned with Fortas's ethics. President Donald Trump 's nomination of Neil Gorsuch to the seat left vacant by Antonin Scalia 's death

12864-548: The hope of guiding executive action. The Supreme Court's 2014 decision in National Labor Relations Board v. Noel Canning limited the ability of the president to make recess appointments (including appointments to the Supreme Court); the court ruled that the Senate decides when the Senate is in session or in recess. Writing for the court, Justice Breyer stated, "We hold that, for purposes of

12998-430: The instrumentality of the standing/ad hoc Committees of Secretaries. Through this mechanism new policy initiatives are also promoted. The Cabinet Secretariat ensures that the president of India , the vice-president and Ministers are kept informed of the major activities of all Departments by means of a monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of

13132-471: The justices have been U.S. military veterans. Samuel Alito is the only veteran currently serving on the court. Retired justices Stephen Breyer and Anthony Kennedy also served in the U.S. military. Justices are nominated by the president in power, and receive confirmation by the Senate, historically holding many of the views of the nominating president's political party. While justices do not represent or receive official endorsements from political parties, as

13266-474: The mandatory Pledge of Allegiance ( Minersville School District v. Gobitis ). Nevertheless, Gobitis was soon repudiated ( West Virginia State Board of Education v. Barnette ), and the Steel Seizure Case restricted the pro-government trend. The Warren Court (1953–1969) dramatically expanded the force of Constitutional civil liberties . It held that segregation in public schools violates

13400-405: The more moderate Republican justices retired, the court has become more partisan. The Court became more divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions. Following the confirmation of Amy Coney Barrett in 2020 after the death of Ruth Bader Ginsburg ,

13534-428: The most recent justice to join the court is Ketanji Brown Jackson, whose tenure began on June 30, 2022, after being confirmed by the Senate on April 7. This graphical timeline depicts the length of each current Supreme Court justice's tenure (not seniority, as the chief justice has seniority over all associate justices regardless of tenure) on the court: The court currently has five male and four female justices. Among

13668-461: The nation's boundaries grew across the continent and as Supreme Court justices in those days had to ride the circuit , an arduous process requiring long travel on horseback or carriage over harsh terrain that resulted in months-long extended stays away from home, Congress added justices to correspond with the growth such that the number of seats for associate justices plus the chief justice became seven in 1807 , nine in 1837 , and ten in 1863 . At

13802-407: The national system of administrative law tribunals as members of the judiciary of the United Kingdom who are guaranteed judicial independence . ALJs cannot be recognized as members of the judicial branch of government (without first completely ejecting them from their home agencies in the executive branch), because to do so would violate the bedrock principle of separation of powers as embodied in

13936-501: The new Civil War amendments to the Constitution and developed the doctrine of substantive due process ( Lochner v. New York ; Adair v. United States ). The size of the court was last changed in 1869, when it was set at nine. Under the White and Taft Courts (1910–1930), the court held that the Fourteenth Amendment had incorporated some guarantees of the Bill of Rights against

14070-412: The new president Ulysses S. Grant , a Republican, signed into law the Judiciary Act of 1869 . This returned the number of justices to nine (where it has since remained), and allowed Grant to immediately appoint two more judges. President Franklin D. Roosevelt attempted to expand the court in 1937. His proposal envisioned the appointment of one additional justice for each incumbent justice who reached

14204-451: The nine justices, there are two African American justices (Justices Thomas and Jackson ) and one Hispanic justice (Justice Sotomayor ). One of the justices was born to at least one immigrant parent: Justice Alito 's father was born in Italy. At least six justices are Roman Catholics , one is Jewish , and one is Protestant . It is unclear whether Neil Gorsuch considers himself

14338-408: The nomination should go to the full Senate with a positive, negative or neutral report. The committee's practice of personally interviewing nominees is relatively recent. The first nominee to appear before the committee was Harlan Fiske Stone in 1925, who sought to quell concerns about his links to Wall Street , and the modern practice of questioning began with John Marshall Harlan II in 1955. Once

14472-476: The office is Ms.Mercy Wanjau In the Philippines the Cabinet Secretary was a cabinet-level rank of the Cabinet . Under the present constitution and the initial implementing guidelines pursuant to Executive Order No. 237, series of 1987, the primary mandate was to provide technical support to the Cabinet, primary advisory counsel to the President, as well as the following: In Sri Lanka the Cabinet Secretary

14606-491: The particular field which the ALJ possesses expertise in. The United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge: an ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. ALJs are limited as they have no power to sanction unless

14740-472: The party, and Speaker of the House Nancy Pelosi did not bring it to the floor for a vote. Shortly after taking office in January 2021, President Joe Biden established a presidential commission to study possible reforms to the Supreme Court. The commission's December 2021 final report discussed but took no position on expanding the size of the court. At nine members, the U.S. Supreme Court

14874-555: The performance of investigative or prosecution functions for the agency. Ex parte communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses. 5 CFR 930.206. Agency officials may not interfere with their decision-making, and administrative law judges may be discharged only for good cause based upon a complaint filed by the agency with the Merit Systems Protection Board (MSPB) established and determined after an APA hearing on

15008-634: The position of Cabinet Secretary had been combined with the roles of Head of the Home Civil Service and Cabinet Office Permanent Secretary . The first means that the Cabinet Secretary is responsible for all the civil servants of the various departments within government (except the Foreign Office ), chairing the Permanent Secretaries Management Group (PSMG) which is the principal governing body of

15142-418: The power of judicial review , the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v Madison . It is also able to strike down presidential directives for violating either the Constitution or statutory law . Under Article Three of the United States Constitution , the composition and procedures of the Supreme Court were originally established by

15276-399: The power to remove justices and to ensure judicial independence . No constitutional mechanism exists for removing a justice who is permanently incapacitated by illness or injury, but unable (or unwilling) to resign. The only justice ever to be impeached was Samuel Chase , in 1804. The House of Representatives adopted eight articles of impeachment against him; however, he was acquitted by

15410-569: The president or by heads of departments (but without also requiring Senate advice and consent , unless Congress amends the law to require that). ALJs usually hire Attorney Advisors, who serve a role similar to judicial law clerks of Article III judges . For example, Attorney Advisors assist the ALJs with research, writing, drafting of opinions and orders, and assisting with the administration of hearings and other trial-like adjudications. Furthermore, Attorney Advisors usually have practiced as lawyers in

15544-532: The record before an MSPB ALJ. Only ALJs receive these statutory protections; "hearing officers" or "trial examiners", with delegated hearing functions, are not similarly protected by the APA. In Lucia v. SEC , decided in June 2018, the Supreme Court held that ALJs are Inferior Officers within the meaning of the Appointments Clause of the United States Constitution. This means that they must be appointed by

15678-594: The seven-year time limit placed on Secretaries General in the mid-1990s following the introduction of the Strategic Management Initiative . In Israel, the Cabinet Secretary heads an office responsible for preparing the agenda of cabinet meetings and facilitating communication between ministers. The secretariat is also responsible for presenting government-initiated bills to the Knesset and for conducting certain press briefings. The secretary

15812-407: The shortest period of time between vacancies in the court's history. Sometimes a great length of time passes between vacancies, such as the 11-year span, from 1994 to 2005, from the retirement of Harry Blackmun to the death of William Rehnquist , which was the second longest timespan between vacancies in the court's history. On average a new justice joins the court about every two years. Despite

15946-554: The state of New York, two are from Washington, D.C., and one each is from New Jersey, Georgia, Colorado, and Louisiana. Eight of the current justices received their Juris Doctor from an Ivy League law school : Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan and John Roberts from Harvard ; plus Samuel Alito, Brett Kavanaugh , Sonia Sotomayor and Clarence Thomas from Yale . Only Amy Coney Barrett did not; she received her Juris Doctor at Notre Dame . Previous positions or offices, judicial or federal government, prior to joining

16080-532: The states ( Gitlow v. New York ), grappled with the new antitrust statutes ( Standard Oil Co. of New Jersey v. United States ), upheld the constitutionality of military conscription ( Selective Draft Law Cases ), and brought the substantive due process doctrine to its first apogee ( Adkins v. Children's Hospital ). During the Hughes , Stone , and Vinson courts (1930–1953), the court gained its own accommodation in 1935 and changed its interpretation of

16214-639: The subjects the Supreme Court may hear, it may limit the jurisdiction of the lower federal courts to prevent them from hearing cases dealing with certain subjects. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford , which helped precipitate the American Civil War . In the Reconstruction era , the Chase , Waite , and Fuller Courts (1864–1910) interpreted

16348-472: The supreme expositor of the Constitution ( Marbury v. Madison ) and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states, notably Martin v. Hunter's Lessee , McCulloch v. Maryland , and Gibbons v. Ogden . The Marshall Court also ended the practice of each justice issuing his opinion seriatim ,

16482-586: The then 11 bureaux. The office is never filled by the most senior administrative officer as in other countries. Unlike other countries, the Clerk of the Executive Council is a separate position, filled by an administrative officer of the D2 rank. The office holder nevertheless is required to take an oath of secrecy. The Cabinet Secretary is called Sekretaris Kabinet in Indonesian language , usually act as one of

16616-472: The three roles hitherto performed by the Cabinet Secretary were split: the Cabinet Secretary would provide policy advice to the Prime Minister and Cabinet; the Head of the Home Civil Service would provide leadership for the whole Civil Service; and the Permanent Secretary would oversee the Cabinet Office. O'Donnell was succeeded by Jeremy Heywood as Cabinet Secretary, Bob Kerslake as Head of

16750-474: The times." Proposals to solve these problems include term limits for justices, as proposed by Levinson and Sabato and a mandatory retirement age proposed by Richard Epstein , among others. Alexander Hamilton in Federalist 78 argued that one benefit of lifetime tenure was that, "nothing can contribute so much to its firmness and independence as permanency in office." Article Three, Section 1 of

16884-447: The variability, all but four presidents have been able to appoint at least one justice. William Henry Harrison died a month after taking office, although his successor ( John Tyler ) made an appointment during that presidential term. Likewise, Zachary Taylor died 16 months after taking office, but his successor ( Millard Fillmore ) also made a Supreme Court nomination before the end of that term. Andrew Johnson, who became president after

17018-483: The various Ministries in such a situation is also one of the functions of the Cabinet Secretariat. The Cabinet Secretary is arguably India's most powerful bureaucrat. In Ireland the position of Cabinet Secretary is officially titled Secretary-General to the Government (previously titled Secretary to the Government ), and is concurrently Secretary-General of the Department of the Taoiseach , somewhat analogous to

17152-614: The very heart of the decision-making process. For instance, the Cabinet Secretary is responsible for administering the Ministerial Code which governs the conduct of ministers (also known as the Rule Book and formerly Questions of Procedure for Ministers ). In this duty the Cabinet Secretary may be asked to investigate leaks within government, and enforce Cabinet discipline. This gives the unelected Cabinet Secretary some authority over elected ministers (a situation satirised in

17286-532: Was defeated 70–20 in the Senate, and the Senate Judiciary Committee reported that it was "essential to the continuance of our constitutional democracy" that the proposal "be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America." The expansion of a 5–4 conservative majority to a 6–3 supermajority during the first presidency of Donald Trump led to analysts calling

17420-595: Was first created as a non-permanent position supernumerary post from August 2005 to January 2006, while the position of the Director was left vacant. The salary level was set as the same as other Permanent Secretaries, i.e. Point 8 of the Directorate Pay Scale, aka the D8 rank. From February 2006 onwards, the post became permanent but the salary level was changed to D6, which is lower than Permanent Secretaries in

17554-463: Was not acted on by the Senate; Eisenhower re-nominated Harlan in January 1955, and Harlan was confirmed two months later. Most recently, the Senate failed to act on the March 2016 nomination of Merrick Garland, as the nomination expired in January 2017, and the vacancy was filled by Neil Gorsuch, an appointee of President Trump. Once the Senate confirms a nomination, the president must prepare and sign

17688-487: Was not the most senior Administrative Officer and the position did not provide him any seniority over other permanent secretaries. It was until January 2006, that the appointment of John Tsang to the position confirmed the position as a politically appointed office. Prior to his appointment, John Tsang was a politically appointed secretary, as the Secretary for Commerce, Industry and Technology . In July 2007, as part of

17822-642: Was the second. Unlike the Fortas filibuster, only Democratic senators voted against cloture on the Gorsuch nomination, citing his perceived conservative judicial philosophy, and the Republican majority's prior refusal to take up President Barack Obama 's nomination of Merrick Garland to fill the vacancy. This led the Republican majority to change the rules and eliminate the filibuster for Supreme Court nominations. Not every Supreme Court nominee has received

17956-480: Was while debating the separation of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary . Creating a "third branch" of government was a novel idea ; in the English tradition, judicial matters had been treated as an aspect of royal (executive) authority. Early on, the delegates who were opposed to having

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