Chapters in this book

1. Frontmatter i
2. Contents vii
3. Acknowledgments xi
4. Introduction to the Paperback Edition xv
5. Introduction 1
6. Part One The Origins, Structure, and Evolution of the Federal Appointments Process
7. Chapter One: The Original Understanding of the Federal Appointments Process
8. The Founders’ Deliberations on Allocating the Federal Appointments Authority 17
9. The Senate’s Prenomination Role 29
10. The Constitutional Limits on Presidential and Senatorial Discretion in the Appointments Process 34
11. Chapter Two: The Structure of the Federal Appointments Process
12. The Significance of a Single Appointments Clause 39
13. The Presumption of Confirmation 41
14. Agenda Setting 43
15. Consensus 44
16. Chapter Three: Historical Changes and Patterns
17. The Indispensability of Clear Context 45
18. Social, Political, and Historical Developments 50
19. Confirmation Patterns 74
20. Part Two Evaluating The Roles of The Major Players in The Federal Appointments Process
21. Chapter Four: The President’s Role in The Federal Appointments Process
22. The Limitations of a Personalized Evaluation 81
23. The Significance of Institutional Analysis 87
24. The Presidential Learning Curve Regarding the Challenges Posed by the Appointments Process 101
25. The Relationship between Presidents’ Nominating Authority or Selection Criteria and Control of Executive Performance and Judicial Policymaking 128
26. Chapter Five: The Advice and Consent of The Senate
27. Evaluating Senate Performance Generally 136
28. Analyzing Senatorial Powers to Influence Federal Appointments 143
29. Other Significant Patterns and Practices 162
30. Chapter Six: The Nominee’s Functions
31. The Roles of Nominees 181
32. Nominees as Active Agents on Their Own Behalf 194
33. What Kinds of People Qualify as Nominees? 201
34. Chapter Seven: Public and Interest Group Participation in The Appointments Process
35. The Public’s Participation in the Federal Appointments Process 213
36. Interest Group Participation in the Federal Appointments Process 217
37. The Dilemma of the American Bar Association 229
38. The Significance of Informal Advisers in the Appointments Process 231
39. Chapter Eight: The Impact of Media and Technology on The Federal Appointments Process
40. The Media as Educator 235
41. The Media as Participant 242
42. The Media as Ombudsman 248
43. Part Three Reforming The Federal Appointments Process
44. Chapter Nine: The Need for Reform
45. Preliminary Clarifications 254
46. General Separation-of-Powers Concerns in Reforming the Federal Appointments Process 260
47. The Feasibility of Legislating Minimal Qualifications 273
48. Influencing the Terms of Debate 280
49. The Possibility of Reducing Some Conflict in the Appointments Process 285
50. Enhancing Public Participation by Means of the Internet 286
51. Chapter Ten: On The Future of Judicial Selection: Structure, Rules, and Norms
52. Rethinking the Constitutional Structure for Judicial Selection 291
53. Procedural Rules and Norms 298
54. Postscript 325
55. Afterword 341
56. Notes 345
57. Index 397