Wednesday, August 5, 2009

Sonia Sotomayor


Sonia Maria Sotomayor born June 25, 1954) is a federal judge on the U.S. Court of Appeals for the Second Circuit. On May 26, 2009, President Barack Obama nominated Sotomayor for appointment to the U.S. Supreme Court to replace the retiring Justice David Souter. If confirmed, she would be the Court's 111th justice, its first Hispanic justice, and its third female justice.
Sotomayor is of Puerto Rican descent and was born in the Bronx. Her father died when she was nine, and she was subsequently raised by her mother. Sotomayor graduated with an A.B., summa cum laude, from Princeton University in 1976 and received her J.D. from Yale Law School in 1979, where she was an editor at the Yale Law Journal. She was an advocate for the hiring of Latino faculty at both schools. She worked as an assistant district attorney in New York for five years before entering private practice in 1984. She played an active role on the boards of directors for the Puerto Rican Legal Defense and Education Fund, the State of New York Mortgage Agency, and the New York City Campaign Finance Board. Sotomayor was nominated to the U.S. District Court for the Southern District of New York by President George H. W. Bush in 1991, and her nomination was confirmed in 1992.
Sotomayor has ruled on several high-profile cases. In 1995, she issued a preliminary injunction against Major League Baseball which ended the 1994 baseball strike. Sotomayor made a ruling allowing the Wall Street Journal to publish Vince Foster's final note. In 1997, she was nominated by President Bill Clinton to the U.S. Court of Appeals for the Second Circuit. Her nomination was slowed by the Republican majority in the Senate, but she was eventually confirmed in 1998. On the Second Circuit, Sotomayor has heard appeals in more than 3,000 cases and has written about 380 opinions. Sotomayor has taught at the New York University School of Law and Columbia Law School.

The Executive Branch

The president leads the executive branch of the federal government, although he or she delegates much of this authority. The executive branch consists of 15 departments: agriculture, commerce, defense, education, energy, health and human services, homeland security, housing and urban development, interior, justice, labor, state, transportation, treasury, and veterans affairs.

The American President: Legislative and Judicial Responsibilities

The president proposes much of the legislation that Congress approves. The president’s power to veto (reject) legislation also serves as a strong influence on the legislative process. Because it takes a two-thirds vote of both the House and the Senate to override a presidential veto, Congress often modifies pending legislation to suit the president’s preferences. Aside from the role in proposing and vetoing laws, the president exercises important legislative authority by issuing executive orders that have the force of law. The president also supervises the implementation of laws by directing administrative agencies, such as the Department of Justice and the Department of Agriculture.

The president appoints federal judges, subject to the approval of the Senate. In addition, the president assumes important judicial and law enforcement powers through executive agencies. The Federal Bureau of Investigation (FBI) gathers evidence against perpetrators of federal crimes and the Justice Department seeks indictments and convictions in the courts against wrongdoers. Agencies such as the National Labor Relations Board (NLRB), the Securities and Exchange Commission (SEC), the Food and Drug Administration (FDA), and the Federal Communications Commission (FCC) act as quasi-judicial bodies by holding hearings, issuing regulations, and adjudicating disputes.

The American President: Responsibilities and Powers

In the more than two centuries since the presidency was established, the responsibilities and powers of the office have grown to a point where they almost exceed the capacity of any one individual to manage them. The fact that so few presidents have been elected to two terms—only 15 out of 41 men—and that only 12 have served two full terms shows how difficult the job can be.

The Constitution requires the president to discharge the duties of the office and preserve, protect, and defend the Constitution of the United States. The president is also responsible for the execution of the laws of the United States. In domestic affairs, this means anything from implementing economic, social, and regulatory measures passed by Congress to acting as commander in chief to quell disorder or suppress insurrection. Presidents shape the country’s judicial affairs by appointing federal judges. They influence the country’s domestic, economic, political, and social life by proposing legislation, calling Congress into special session, and vetoing laws passed by Congress that they consider destructive to the national well-being. As commander in chief of the military, the president is also empowered to repel foreign invasion and to fight wars overseas. In times of overwhelming public danger, the president can declare martial law, when the courts are not open or cannot function freely. The Constitution also gives the president the power to grant pardons and reprieves in criminal cases. This power does not require congressional approval, but it cannot be used in cases of impeachment.

In addition to these formal duties, the president is the country’s chief educator who sets standards of taste and culture, using the White House, in Theodore Roosevelt’s words, as a “bully pulpit” to assert moral authority. Presidents are also the leaders of their political party, and they try to advance its agenda.

President of the United States

Chief executive officer of the federal government, leader of the executive branch, and the commander in chief of the armed forces. The president has the power to make treaties with other nations, with the advice and consent of two-thirds of the Senate. The president also appoints, with Senate consent, diplomatic representatives, Supreme Court judges, and many other officials.

The president and vice president are the only government officials in the United States elected by and representing the entire nation. Although the president shares power with Congress and the judiciary, he or she is the most powerful and important officeholder in the country. The president has no vote in Congress but is the single largest source of legislative proposals that become law. As the principal foreign policy maker, the president of the United States has become the world’s most important leader in international affairs.

Exterior of the White House

Today, the main building of the White House houses the presidential living quarters as well as rooms for entertaining and holding official ceremonies. Two wings extend from the main building and house offices where the president and his staff conduct business. The president works in the oval office in the West Wing, meeting heads of state, cabinet members, and other officials; conferring with advisers; reading reports; making decisions; signing laws; and conducting other business. The White House and its grounds occupy 7.3 hectares (about 18 acres).

The White House

It is official residence of the president of the United States, situated at 1600 Pennsylvania Avenue in Washington, D.C. The White House was built between 1792 and 1800 in a simple neoclassical style. Despite numerous renovations and additions since then, the White House has retained its classically simple style. The White House has been the home of every U.S. president except George Washington, the nation’s first president, who selected the site for the building and supervised its construction. His successor, John Adams, became the first president to occupy the White House in 1800.

Throughout its history the White House has also housed offices where successive presidents have carried out the duties and responsibilities of their position as head of the executive branch of the government. The building’s first official title, from 1810 to 1901, was the Executive Mansion, which reflects its dual purpose as a home and a place of business. At times the White House also has been known as the President’s House, the President’s Mansion, and even the President’s Palace. However, it has always been popularly known as the White House. Theodore Roosevelt made this designation official in 1901, after he had the name engraved on his stationery.

The White House also is a museum of American history and art. The state, or ceremonial, rooms of the White House are open to visitors who make reservations in advance. Although visitors see only seven rooms, the White House remains one of the most popular tourist attractions in Washington, D.C.

Sotomayor clears supreme court test

Barack Obama's nominee for supreme court justice has been confirmed by the US senate judiciary committee, leaving her a step away from becoming the first Hispanic to serve on the court.The panel on Tuesday voted 13 to 6 in favour of Sonia Sotomayor becoming a member of the nine-member court.The full senate, which is controlled by democrats allied to the US president, must still give its assent to the former federal judge's confirmation before Sotomayor takes the post, which is an appointment for life.Of those who voted to confirm Sotomayor in the post, 12 were democrats and only one was a republican, highlighting the political division over her appointment to the court."Judge Sotomayor is well qualified. She has the highest rating by the American Bar Association," Patrick Leahy, the committee chairman and a democrat, said."She has administered justice without favouring one group of persons over another."

Claims of bias

But panel republicans opposed to Sotomayor's appointment to the supreme court argued that her rulings could be made from a biased standpoint.But panel republicans opposed to Sotomayor's appointment to the supreme court argued that her rulings could be made from a biased standpoint."[Sotomayor is] of good character ... she was extremely well qualified"Lindsey Graham, republican who voted for Sotomayor's appointmentSome of her speeches suggested that ethnicity and gender could play a role in her judicial decisions, they said over five days of panel hearings."In speech after speech, year after year, Judge Sotomayor set forth a fully formed ... judicial philosophy that conflicts with the great American tradition of blind justice and fidelity to the law as written," Jeff Sessions, the senior republican senator on the committee, said on Tuesday.But Lindsey Graham, the only republican to vote for Sotomayor and who urged party members to support her, said her qualifications were what prompted him to vote for her appointment."She's of good character ... she was extremely well qualified," he said, adding that Sotomayor was "left of centre but certainly in the mainstream".During the panel hearings, Sotomayor repeatedly denied that she was a "judicial activist", saying that she would maintain fidelity to the law.Should the full senate give its agreement to Sotomayor joining the nine-member supreme court, she will assume her post in time for a special session in September.At present, four liberals and five conservatives serve on the bench.Sotomayor's appointment as a replacement to Justice David Souter, a liberal judge who is retiring, means that the court's ideological outlook will remain largely the same.

Sonia Maria Sotomayor rose from the projects


President Obama announces Sonia Sotomayor as his nominee for the Supreme Court on Tuesday at the White House.

Supreme Court of the United States

highest court in the United States and the chief authority in the judicial branch, one of three branches of the United States federal government. The Supreme Court hears appeals from decisions of lower federal courts and state supreme courts, and it resolves issues of constitutional and federal law. It stands as the ultimate authority in constitutional interpretation, and its decisions can be changed only by a constitutional amendment.Nine judges sit on the Court: the chief justice of the United States and eight associate justices. The president of the United States appoints them to the Court for life terms, but the U.S. Senate must approve each appointment with a majority vote. Justices and Court staff work in the Supreme Court Building, constructed in 1935, across the street from the Capitol in Washington, D.C. Before 1935 the justices met in various rooms in the Capitol and elsewhere.The Supreme Court wields complete authority over the federal courts, but it has only limited power over state courts. The Court has the final word on cases heard by federal courts, and it writes procedures that these courts must follow. All federal courts must abide by the Supreme Court’s interpretation of federal laws and the Constitution of the United States. The Supreme Court’s interpretations of federal law and the Constitution also apply to the state courts, but the Court cannot interpret state law or issues arising under state constitutions, and it does not supervise state court operations.The Supreme Court’s most important responsibility is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This power, known as judicial review, enables the Court to invalidate both federal and state laws when they conflict with its interpretation of the Constitution. Judicial review thus puts the Supreme Court in a pivotal role in the American political system, making it the referee in disputes among various branches of government, and as the ultimate authority for many of the most important issues in the country. In 1954, for example, the Court banned racial segregation in public schools in Brown v. Board of Education. The ruling started a long process of desegregating schools and many other aspects of American society. In the 1973 case of Roe v. Wade, the Court overturned state prohibitions on abortion—concluding that the Constitution guarantees every woman a right to choose an abortion, at least during early stages of a pregnancy. The Court’s constitutional decisions have affected virtually every area of American life, from the basic ways in which business and the economy are regulated to freedom of speech and religion.

POWER OF THE SUPREME COURT

The Supreme Court is the only court mentioned by name in the Constitution. Article III establishes the Court as the top of the country’s judicial branch, making it equal to the executive branch (the president) and the legislative branch (Congress). Article III also gives the Court jurisdiction (authority to review) over broad classes of cases. In 1803 in Marbury v. Madison the Court interpreted its own authority, ruling that the Constitution gave it the power to strike down unconstitutional acts of government—that is, laws or other government conduct that violate the Constitution. This decision created the power of judicial review, an essential component in the American system of checks and balances, a system that is intended to safeguard Americans from government abuses of power.

Supreme Court of the United States: Jurisdiction

Article III gives the Supreme Court two types of jurisdiction. The Court’s most important jurisdiction is appellate, the power to hear appeals of cases decided in lower federal courts and state supreme courts. Under Article III, the Court’s appellate jurisdiction extends to seven classes of cases: (1) cases arising under the Constitution, federal law, or treaty; (2) those involving admiralty and maritime matters; (3) those in which the United States itself is a party; (4) cases between two or more states; (5) cases between citizens of different states or foreign countries; (6) cases between a state and individuals or foreign countries; and (7) cases between citizens of the same state if they are disputing ownership of land given by different states. The first category is the most important. In these cases, part of the federal question jurisdiction, the Court issues its most far-reaching constitutional decisions and other major rulings involving federal law.The Supreme Court has a far less important authority known as its original jurisdiction, which includes cases that have not been previously heard in other courts. This gives the Court the power to sit as a trial court to hear cases affecting ambassadors and other foreign officials, and in cases in which a state is a party. The Court rarely exercises its original jurisdiction, since Congress has granted concurrent jurisdiction over most of these cases to the lower courts. Only disputes between two or more states must be heard initially in the Supreme Court. In 1997 and 1998, for example, it heard a dispute between New York and New Jersey over the ownership of Ellis Island.Congress cannot alter the Supreme Court’s original jurisdiction, but Article III of the Constitution gives it power to control the Court’s appellate jurisdiction. The Court may not exercise any of its appellate jurisdiction without congressional authorization, and Congress may limit the appellate jurisdiction however it chooses. Congress has authorized the Court to use its full appellate jurisdiction, except on rare occasions.

Judicial Review

The Supreme Court’s principle power is judicial review—the right of the Court to declare laws unconstitutional. This authority is not expressly stated in the Constitution. The Supreme Court has exercised judicial review since 1803, when Chief Justice John Marshall first announced it in Marbury v. Madison. Marshall deduced the necessity of such a power from the purpose and existence of the Constitution. He reasoned that judicial review was necessary to implement the Constitution’s substantive and procedural limits on the government. If the Court could not strike down a law that conflicted with the Constitution, Marshall said, then the legislature would have a “real and practical omnipotence.” Judicial review is both a powerful and controversial tool because it allows the Supreme Court to have the ultimate word on what the Constitution means. This permits the Court justices—who are appointed rather than elected—to overrule decisions already made by Congress and legislatures throughout the country.

Judicial Review

The Supreme Court’s principle power is judicial review—the right of the Court to declare laws unconstitutional. This authority is not expressly stated in the Constitution. The Supreme Court has exercised judicial review since 1803, when Chief Justice John Marshall first announced it in Marbury v. Madison. Marshall deduced the necessity of such a power from the purpose and existence of the Constitution. He reasoned that judicial review was necessary to implement the Constitution’s substantive and procedural limits on the government. If the Court could not strike down a law that conflicted with the Constitution, Marshall said, then the legislature would have a “real and practical omnipotence.” Judicial review is both a powerful and controversial tool because it allows the Supreme Court to have the ultimate word on what the Constitution means. This permits the Court justices—who are appointed rather than elected—to overrule decisions already made by Congress and legislatures throughout the country.