Senatorial courtesy
Encyclopedia
Senatorial courtesy is an unwritten political custom
in the United States
whereby the president
consults the senior U.S. Senator
of his political party of a given state
before nominating any person to a federal vacancy within that Senator's state. It is strictly observed in connection with the appointments of federal district court judge
s, U.S. attorneys
, and federal marshals
. Except in rare cases, the courtesy is typically not extended by the president to a state's senators when the president and senators of said state are of different political parties.
This "courtesy" is less relied upon in the case of vacancies on the U.S. Court of Appeals. The geographic jurisdiction of these appellate courts spans three or more states, enlarging the number of senators to be consulted and making consensus or unanimity more difficult. At times, the home state senatorial role is so strong that one senator or both senators acting together make the appointment, and the White House and the entire Senate go along with the home state senator(s).
Senatorial courtesy does not apply in the appointment of Supreme Court justices, though it did during the administration of Grover Cleveland
, when political opposition of New York
senator David B. Hill
prevented Cleveland from gaining confirmation for a replacement to a seat traditionally held by a New Yorker. Cleveland eventually bypassed Hill by disregarding tradition and nominating a sitting senator from Louisiana
.
A secondary meaning of this term refers to the deference often shown to former U.S. senators who are nominated by the president. When a president nominates a former U.S. senator to an executive branch office, the Senate often is more supportive than they would normally be. This type of "courtesy" was dealt a serious blow in 1989, when the Senate failed to confirm former U.S. senator John Tower
of Texas
to be Secretary of Defense
.
In the case of federal district court judgeships, the custom of senatorial courtesy is enforced within the Senate Judiciary Committee. Senators may summarily remove a person from further consideration simply by stating that they find the individual "personally obnoxious". The custom is easily applied by a single senator or both senators from the state where the district is located. This is because federal judicial districts do not stradle state lines, thereby limiting the senatorial involvement to only one or both senators from only the state wherein the district is located.
Norm (sociology)
Social norms are the accepted behaviors within a society or group. This sociological and social psychological term has been defined as "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
whereby the president
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
consults the senior U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
of his political party of a given state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
before nominating any person to a federal vacancy within that Senator's state. It is strictly observed in connection with the appointments of federal district court judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, U.S. attorneys
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
, and federal marshals
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
. Except in rare cases, the courtesy is typically not extended by the president to a state's senators when the president and senators of said state are of different political parties.
This "courtesy" is less relied upon in the case of vacancies on the U.S. Court of Appeals. The geographic jurisdiction of these appellate courts spans three or more states, enlarging the number of senators to be consulted and making consensus or unanimity more difficult. At times, the home state senatorial role is so strong that one senator or both senators acting together make the appointment, and the White House and the entire Senate go along with the home state senator(s).
Senatorial courtesy does not apply in the appointment of Supreme Court justices, though it did during the administration of Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
, when political opposition of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
senator David B. Hill
David B. Hill
David Bennett Hill was an American politician from New York who was the 29th Governor of New York from 1885 to 1891.-Life:...
prevented Cleveland from gaining confirmation for a replacement to a seat traditionally held by a New Yorker. Cleveland eventually bypassed Hill by disregarding tradition and nominating a sitting senator from Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
.
A secondary meaning of this term refers to the deference often shown to former U.S. senators who are nominated by the president. When a president nominates a former U.S. senator to an executive branch office, the Senate often is more supportive than they would normally be. This type of "courtesy" was dealt a serious blow in 1989, when the Senate failed to confirm former U.S. senator John Tower
John Tower
John Goodwin Tower was the first Republican United States senator from Texas since Reconstruction. He served from 1961 until his retirement in January 1985, after which time he was the chairman of the Reagan-appointed Tower Commission that investigated the Iran-Contra Affair. He was George H. W...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
to be Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
.
In the case of federal district court judgeships, the custom of senatorial courtesy is enforced within the Senate Judiciary Committee. Senators may summarily remove a person from further consideration simply by stating that they find the individual "personally obnoxious". The custom is easily applied by a single senator or both senators from the state where the district is located. This is because federal judicial districts do not stradle state lines, thereby limiting the senatorial involvement to only one or both senators from only the state wherein the district is located.