The Federal Appointments Process: A Constitutional and Historical Analysis

By Michael J. Gerhardt

Book Overview

Although the federal appointment of U.S. judges and executive branch officers has consistently engendered controversy, previous studies of the process have been limited to particular dramatic conflicts and have tended to view appointments in a vacuum without regard to other incidents in the process, other legislative matters, or broader social, political, and historical developments. The Federal Appointments Process fills this gap by providing the first comprehensive analysis of over two hundred years of federal appointments in the United States, revealing crucial patterns of growth and change in one of the most central of our democratic processes.
Michael J. Gerhardt includes each U.S. president's performance record regarding appointments, accounts of virtually all the major confirmation contests, as well as discussion of significant legal and constitutional questions raised throughout U.S. history. He also analyzes recess appointments, the Vacancies Act, the function of nominees in the appointment process, and the different treatment received by judicial and nonjudicial nominations. While discussing the important roles played by media and technology in federal appointments, Gerhardt not only puts particular controversies in perspective but also identifies important trends in the process, such as how leaders of different institutions attempt to protect--if not expand--their respective prerogatives by exercising their authority over federal appointments. Employing a newly emerging method of inquiry known as "historical institutionalism"--in which the ultimate goal is to examine the development of an institution in its entirety and not particular personalities or periods, this book concludes with suggestions for reforms in light of recent controversies springing from the longest delays in history that many judicial nominees face in the Senate.
Gerhardt's intensive treatment of the subject will be of interest to students and scholars of political science, government, history, and legal studies.

• Format: Paperback
• Language: English
• ISBN: 0822331993
• ISBN13: 9780822331995
• Release Date: August 2003
• Publisher: Duke University Press
• Length: 416 Pages
• Weight: 1.60 lbs.
• Dimensions: 1.1" x 6.0" x 8.9"

Customer Reviews

EXCELLENT SOURCE

The Federal Impeachment Process is described in this book. Fortunately, we have not utilized this method of removal often, so there is not a lot of precident established. While this is one of the three most authoritative sources on the subject, I wish that the author had described in greater detail some of the precidents in English law, the thinking of the framers, contrasts with state impeachment procedures, and a more thorough procedural analysis of impeachment cases brought before the House and Senate ... Next book, maybe? At any rate, this is an excellent book, one certainly worth the used price!

Necessary Information for a necessary process

This is a book for the serious political participant and observer. It is technical in its nature although fairly easy to read and comprehend. Gerhardt is straightforward in his purpose: (1) provide readers with a historical perspective on Federal impeachment processes and (2) provide readers with necessary information on just what impeachment means and how the process works. He achieves both purposes very well. Since there is at least a possibility of one Congressional house changing party control in November, and that the new party in control (Democrats) likely will call for the impeachment of George W. Bush, citizens should be well informed on what the process means and how it impacts their nation. This book is an excellent choice for becoming so informed.

Well written overview for both lawyers and general readers.

Thought provoking and clearily written. While primarily limited in scope to impeachment of federal judges (because more cases exist), the information on the origin of the impeachment provisions in the federal Constitution and the thinking behind the adoption of the provisions by the framers is relevant to issues of presidential impeachment. The reader will find that it is useful as a guide to following the current hearings of the House Judiciary Committee as the members refer to precedents and history.Prof. Gerhardt includes excellent signposts for further research into the innumerable Constitutional questions raised. The work is a well-constructed combination of law text and book for the general reader with a scholarly turn of mind. Each section is prefaced by a brief statement of its objective of the sort found at the start of scholarly papers. The annotations and bibliography arewell done.

A thorough and well-written guide to impeachment

The last major treatments of impeachment were written by Raoul Berger and Charles Black a quarter century ago. Yet, in fact, quite a bit has happened since then: though no Presidents have been impeached (so far), cases involving federal judges in particular have made new law and raised new questions. Gerhardt's book goes into more depth than either Black or Berger, and provides an excellent guide to a wide range of issues. Gerhardt is more a Blackian than a Bergerian -- heavily influenced by structure and relationship, and prone to avoid judicial review of impeachment in most circumstances. An excellent book, and well-written.