On November 9, 2014, President Barack Obama nominated Loretta Lynch to replace Eric Holder as United States Attorney General. President Obama described Ms. Lynch's qualifications for the position, including a 30-year career as a tough, fair, independent lawyer who twice headed one of the most prominent U.S. Attorney's offices in the country, and noted that she had "spent her life fighting for fair and equal justice that is the foundation of our democracy." Ms. Lynch commented, "The Department of Justice was the only Cabinet Department named for an ideal. And this is actually appropriate, because our work is both aspirational, and grounded in gritty reality. It's both ennobling and profoundly challenging." Ms. Lynch would become the second woman and second African American to serve as Attorney General.

Required:
a. Referencing the scenario, describe the constitutional process necessary for Loretta Lynch to be confirmed after being nominated, and explain how this process demonstrates the concept of checks and balances.
b. Explain why the power being used in this scenario is given to the president.
c. Describe how the qualifications of Loretta Lynch mentioned in the scenario match the role for which she has been nominated, and explain how she could influence the executive branch in her role.

Respuesta :

a. The Constitutional process for Loretta Lynch to be confirmed with the Advice and Consent of the Senate is as follows:

Confirmation Process for US Officers:

After the nomination of Loretta Lynch by the President, the process proceeds to the Senate. The Senate holds a Committee hearing before a Senate hearing. During the Senate hearing, a simple majority vote on whether to confirm, reject, or take no action on the nomination is taken. If the nominated candidate passes the Senate hearing, the name goes for final confirmation.

This process of nomination by the President, which returns to the Senate for Committee and Senate hearings before final confirmation, ensures that the President does not exercise the sole responsibility for appointing officers of the United States.

b. The reason for giving the President the power to nominate and lastly confirm the Attorney General of the United States is to enable the officeholder to perform their constitutional mandate. According to Article II Section 2, the President shall appoint officers of the United States “by and with the Advice and Consent of the Senate.”

c. The qualifications of Ms. Lynch Loretta match the requirements because she had a 30-year law career. She had headed US Attorney's offices. Finally, she had fought for fair and equal justice.

Thus, the nomination, screening, and confirmation of an Attorney General follow a Constitutional process.

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