• Constitution of the United States
  http://www.billofrightsinstitute.org/Instructional/Resources/FoundingDocuments/Docs/Constitution.htm

• " Experience needed? The long history of nonjudge justices." Christian Science Monitor 10/13
  http://www.csmonitor.com/2005/1007/p01s03-usju.html

• " White House: Miers won't withdraw " CNN.com 10/13 http://www.cnn.com/2005/POLITICS/10/13/miers.nomination/index.html

• “Harriet E. Miers Profile” Washington Post
  http://www.washingtonpost.com/wp-dyn/content/article/2005/10/03/AR2005100300305.html

1. Explain the confirmation process for potential Supreme Court Justices. Which provision of the Constitution requires Harriet Miers to go through this process?

Article II, Section II of the Constitution simply requires that the Senate give its "advice and consent" to presidential appointments to the Supreme Court. This Constitutional requirement has evolved over the centuries into a more complex process. Today, the President nominates a candidate who then testifies before the Senate Judiciary Committee. After a vote is taken by the Judiciary Committee, the entire Senate votes on the confirmation.

2. Why do Harriet Miers’ supporters believe she should be confirmed to the Supreme Court?

• Her past qualifications (such as being the head of the Texas State Bar Association) make her a good candidate for the Supreme Court.
• Forty-one previous Supreme Court Justices had no prior judicial experience.
• Harriet Miers has been a legal aid to the President during his term in the White House.
• Her understanding of the inner workings of government will provide new insights on the court.
• Her presumed political viewpoints closely match the President’s.

3. What question(s) would you ask of Harriett Miers if you were a member of the Senate Judiciary Committee?

Answers will vary, but might include questions about her education, her legal training and experience, her opinion of previous Supreme Court decisions, her religious or political background, her professional and personal relationship with the President, etc.

4. If you were a member of the Senate Judiciary Committee, would you approve Harriet Miers selection to the Supreme Court? Why or why not?

Answers will vary.

Extensions

• Have students follow the confirmation process of Harriet Miers. Complete coverage can be found online on the Washington Post’s website at: http://www.washingtonpost.com/wp-dyn/content/linkset/2005/03/24/LI2005032400136.html
  
• Have students research the following Websites and answer the question:

  Can a Supreme Court Justice be appointed without Senate hearings? Explain.

• http://www.supremecourthistory.org/04_library/subs_volumes/04_c02_m.html
• ttp://www.senate.gov/reference/resources/pdf/RL31112.pdf(page 15)