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2016 presidential candidates on the branches of government
From Ballotpedia
 Date: November 8, 2016 |
Winner: Donald Trump (R) Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates |
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The U.S. Constitution divides the federal government into the legislative, executive, and judicial branches. The legislative branch makes laws. The executive branch carries out laws. The judicial branch interprets laws. The framers granted each branch separate, distinct, and limited functions to prevent the abuse of power. And with the separation of powers comes a system of checks and balances that gives each branch of government the ability to challenge the power of the other branches.
In the 2016 presidential campaign, much of the discussion of the federal government centered on the judicial branch, specifically the U.S. Supreme Court and filling the vacancy created by the death of Justice Antonin Scalia on February 13, 2016. Article II, section 2 of the Constitution grants the president the power to appoint justices to the Supreme Court, subject to confirmation in the Senate. On March 16, 2016, President Obama nominated Chief Judge of the U.S. Court of Appeals for the District of Columbia Merrick Garland to the Supreme Court. Senate Republicans pledged to block Garland’s nomination in order to allow the next president to fill the Supreme Court vacancy.
Read what the 2016 candidates and their respective party platforms said about the judicial, executive, and legislative branches of government below.
Interested in reading more about the 2016 candidates' stances on issues related to the branches of government? Ballotpedia also covered what the candidates said about the Supreme Court and the Constitution, plus special coverage of the impact of the 2016 presidential election on the Supreme Court.
| OVERVIEW OF CANDIDATE POSITIONS | |
Democratic candidate
Hillary Clinton
Judiciary
- In the third and final presidential debate on October 19, 2016, Hillary Clinton discussed her vision for the Supreme Court. She said, "I feel strongly that the Supreme Court needs to stand on the side of the American people, not on the side of the powerful corporations and the wealthy. For me, that means that we need a Supreme Court that will stand up on behalf of women's rights, on behalf of the rights of the LGBT community, that will stand up and say no to Citizens United, a decision that has undermined the election system in our country because of the way it permits dark, unaccountable money to come into our electoral system."[1]
- Clinton applauded President Barack Obama’s nomination of federal judge Merrick Garland to the Supreme Court on March 16, 2016. She said in a statement, "He has chosen a nominee with considerable experience on the bench and in public service, a brilliant legal mind, and a long history of bipartisan support and admiration. Now, it's up to members of the Senate to meet their own, and perform the Constitutional duty they swore to undertake. … This Senate has almost a full year to consider and confirm Judge Garland. It should begin that work immediately by giving Judge Garland a full and fair hearing followed by a vote.”[2]
- On February 18, 2016, Clinton participated in a televised town hall on MSNBC where she defended her votes against former President George W. Bush’s Supreme Court nominees Samuel Alito and John Roberts. She said, “I voted against [Alito]. We had a process. The nomination was made and we went through the process. What the Republicans today are saying is you can't vote on anything. We don't want the president to send us a nominee. I think that is very different." Her comments came after Supreme Court Justice Antonin Scalia passed away on February 13, 2016, and many Senate Republicans said that the seat should be filled by the next president rather than President Obama.[3]
- During a campaign event in Iowa on January 26, 2016, a voter asked Clinton if she would consider appointing President Obama to the U.S. Supreme Court. She said, "Wow, what a great idea. No one has ever suggested that to me, I love that, wow. He may have a few other things to do but I tell you that's a great idea. I would certainly take that under advisement. I mean he’s brilliant, and he can set forth an argument, and he was a law professor, so he’s got all the credentials. Now we do have to get a Democratic Senate to get him confirmed so you’re going to have to help me on that, OK?"[4]
- In a January 8, 2016, op-ed in The Boston Globe, Clinton said that she would appoint justices to the Supreme Court that would "protect the constitutional principles of liberty and equality for all, regardless of race, gender, sexual orientation or political viewpoint; make sure the scales of justice aren’t tipped away from individuals toward corporations and special interests; and protect citizens’ right to vote, rather than billionaires’ right to buy elections." Clinton said that on "Election Day, three of the current justices will be over 80 years old, which is past the court’s average retirement age. The next president could easily appoint more than one justice. That makes this a make-or-break moment — for the court and our country." She added that Republicans have been vocal about packing the court with conservative justices. "After years of accusing liberals of judicial activism, conservatives are wholeheartedly relying on Republican-appointed judges to undo progressive achievements. They’re using radical legal strategies to accomplish through the courts what they’ve failed to do through legislation, like dismembering the Voting Rights Act or attacking unions. A Republican president would support those efforts. I will oppose them," Clinton said.[5]
- Following oral arguments in Evenwel v. Abbott, Clinton said that the Supreme Court should guarantee the concept of “one person, one vote.” She said in a December 9, 2015, statement: "In the Supreme Court yesterday, parties challenging Texas’ Senate apportionment plan insisted that political representation in our democracy should be based on eligible voters, instead of total population. This change would mean that many in America, including children and non-citizen residents, would no longer be counted for purposes of representation in every state in the country. Such measures are an insult to the millions of Americans who have fought throughout our history for our country to achieve equality and justice for all people. The Supreme Court should protect political equality and turn away this harmful and reckless attempt to write off so many."[6]
| Hillary Clinton: Supreme Court Justice Appointments. |
- During a campaign stop in New Hampshire on October 28, 2015, Hillary Clinton said she opposed abolishing the death penalty. “We have a lot of evidence now that the death penalty has been too frequently applied and very unfortunately, often times in a discriminatory way. … I do not favor abolishing it, however, because I think there are certain egregious cases that still deserve consideration of the death penalty, but I’d like to see those be very limited and rare,” Clinton said.[7]
- Clinton voted against President George W. Bush's nominations of John Roberts and Samuel Alito to the Supreme Court.[8]
- In 2007, Clinton explained that she viewed the United States Constitution as an "organic, growing, evolving set of principles that have stood the test of time and that and can't just be looked at as though it is frozen at some point in the late eighteenth century."[9]
U.S. Supreme Court nominee Merrick Garland
- In a radio interview that aired on September 15, 2016, on the "Tom Joyner Morning Show," Hillary Clinton did not rule out renominating Merrick Garland to the U.S. Supreme Court. She said that she would "look broadly and widely for people who represent the diversity of our country" if she had the opportunity to make "any" Supreme Court nominations. Clinton also said that she would not ask President Obama to withdraw Merrick Garland’s nomination. Clinton said, "I think we should stick with one president at a time." She continued, "I’m going to let this president serve out his term with distinction and make the decisions that he thinks are right for the country."[10]
- On March 28, 2016, Clinton gave a speech in Madison, Wisconsin, in which she called on Judiciary Committee Chairman Chuck Grassley (R-Iowa) to "do his job" and schedule committee hearings for Judge Merrick Garland.[11][12]
- On March 16, 2016, Clinton released the following statement on the nomination of Chief Judge Merrick Garland to the United States Supreme Court.[13]
Statements on the death of Antonin Scalia and the Supreme Court vacancy
- In response to a question from moderator Chris Wallace during the third presidential debate on October 19, 2016, Hillary Clinton gave the following remarks on the U.S. Supreme Court: "You know, I think when we talk about the Supreme Court, it really raises the central issue in this election. Namely, what kind of country are we going to be? What kind of opportunities will we provide for our citizens? What kind of rights will Americans have? And I feel strongly that the Supreme Court needs to stand on the side of the American people. Not on the side of the powerful corporations and the wealthy. For me, that means that we need a Supreme Court that will stand up on behalf of women's rights, on behalf of the rights of the LGBT community, that will stand up and say no to Citizens United, a decision that has undermined the election system in our country because of the way it permits dark, unaccountable money to come into our electoral system. I have major disagreements with my opponent about these issues and others that will be before the Supreme Court. But I feel that at this point in our country's history, it is important that we not reverse marriage equality, that we not reverse Roe v. Wade, that we stand up against Citizens United, we stand up for the rights of people in the workplace, that we stand up and basically say, the Supreme Court should represent all of us. That's how I see the court. And the kind of people that I would be looking to nominate to the court would be in the great tradition of standing up to the powerful, standing up on behalf of our rights as Americans. And I look forward to having that opportunity. I would hope that the Senate would do its job and confirm the nominee that President Obama has sent to them. That's the way the constitution fundamentally should operate. The President nominates and the Senate advises and consents or not. But they go forward with the process."[14]
- During a radio interview on September 15, 2016, Clinton indicated that she would not request that President Barack Obama withdraw his nomination of Merrick Garland to the Supreme Court if she were elected president in November. "I’m going to let this president serve out his term with distinction and make the decisions that he thinks are right," she said. Clinton added, “If I have the opportunity to make any Supreme Court appointments I’m going to look broadly and widely for people who represent the diversity of our country, who bring some common-sense, real-world experience."[15]
- During her speech on March 28, 2016, at the University of Wisconsin at Madison, Clinton called on U.S. Sen. Chuck Grassley (R-Iowa) to “step up and do his job” by giving Merrick Garland a hearing. "He says we should wait for a new president because – and I quote – 'The American people shouldn't be denied a voice.’ Well, as one of the more than 65 million Americans who voted to re-elect Barack Obama, I'd say my voice is being ignored right now because of their obstructionism,” Clinton said.[16]
- During a speech in Harlem on February 16, 2016, Hillary Clinton criticized Republicans who wanted to postpone confirming a replacement for U.S. Supreme Court Justice Antonin Scalia until after the 2016 presidential election. She said that the spirit that was influencing that movement was the same one that fueled efforts to restrict voting, calling both efforts “a blast from the Jim Crow past.” She said that Republicans speak "as if somehow he’s not the real President. That’s in keeping with what we’ve heard all along right? … Many Republicans talk in coded racial language ... they demonize President Obama.”[17]
- Discussing the characteristics of potential Supreme Court nominees on February 15, 2016, during a campaign stop in Nevada, Clinton said, “I think the President's going to look for somebody who has a record that is gonna be hard for the Republicans to be against. Somebody who is a sensible person with a good record and maybe somebody who's already been confirmed by the Senate." She continued, "We've got some judges on the courts of appeals, they were confirmed 99 to nothing. So there [sic] people who have already gone through the process."[18]
- On February 13, 2016, Clinton extended her condolences to Antonin Scalia's family and criticized Republicans who called for a delay in filling Scalia's seat. "My thoughts and prayers are with the family and friends of Justice Scalia as they mourn his sudden passing. I did not hold Justice Scalia’s views, but he was a dedicated public servant who brought energy and passion to the bench. The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our Constitution. The Senate has a constitutional responsibility here that it cannot abdicate for partisan political reasons," she said in a statement.[19]
Campaign finance reform
- Hillary Clinton released her campaign finance reform plan in September 2015. The Huffington Post reported, “Clinton’s proposals include a handful of actions she could influence immediately if she won the White House. She promised to issue an executive order requiring all government contractors to disclose their campaign contributions, including to outside groups that currently do not disclose donors. She said she also would advocate for the Securities and Exchange Commission to issue a rule requiring all publicly traded companies to disclose their political spending, including undisclosed outside spending, to their shareholders.”[20]
Executive powers
- According to The New York Times in 2008, Clinton supported the State Department playing an increased role in global economic issues and establishing an increased diplomatic presence.[21]
| The 2016 Democratic Party Platform on the judiciary | ||||||
|---|---|---|---|---|---|---|
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Republican candidate
Donald Trump
Congress
- At a campaign event in Colorado on October 19, 2016, Trump announced plans to propose a constitutional amendment on term limits for members of Congress. Trump said, “If I’m elected president I will push for a constitutional amendment to impose term limits on all members of Congress.” Trump added at another event in Colorado that his plan includes a six-year limit (three terms) for members of the House and a 12-year limit (two terms) for members of the Senate.[24]
- At a campaign event in Wisconsin on October 17, 2016, Trump unveiled a five-point plan for government ethics reform. The proposal included a five-year ban on lobbying for all executive branch officials and former members of Congress and their staffs. The plan would expand the definition of “lobbyist,” permanently bans senior executive branch officials from lobbying on behalf of a foreign government, and would seek to prohibit registered foreign lobbyists from “raising money in American elections.” According to prepared remarks, Trump introduced the plan by saying, “If we let the Clinton Cartel run this government, history will record that 2017 was the year America lost its independence. We will not let that happen. It is time to drain the swamp in Washington, D.C. That is why I am proposing a package of ethics reforms to make our government honest once again.”[25]
Judiciary
- At a town hall on December 12, 2015, Donald Trump criticized Supreme Court Chief Justice John Roberts for upholding the Affordable Care Act. Trump said, “What he did to Obamacare was disgraceful and I think he did it because he wanted to be popular in the beltway or something, because he did it the first time, and should have never done it and that would have killed it.” Trump added that Justice Clarence Thomas was “highly underrated.”[26]
- In July 2012, Trump called the Supreme Court's decision maintaining the constitutionality of Obamacare "a disaster." Trump added Chief Justice John Roberts, who authored the opinion, was "extremely disloyal" and "wanted to be loved by the Washington establishment."[27]
- In April 2012, Trump criticized President Barack Obama for suggesting it would be unprecedented if the Supreme Court overturned Obamacare, saying, "I think he paid great disrespect to the Supreme Court. The Supreme Court is the Supreme Court for a reason. And it almost is as though he didn't care what they said and they shouldn't be making the decision, and this decision is above them, and they don't exist. And I would think it would be very insulting to go to the Supreme Court with what he said."[28]
Statements in response to Justice Ruth Bader Ginsburg
- In an interview with Maggie Haberman of The New York Times published July 12, 2016, Trump made the following remarks regarding Justice Ginsburg's comments about his possibly becoming president: "I think it's highly inappropriate that a United States Supreme Court judge gets involved in a political campaign, frankly ... I think it's a disgrace to the court and I think she should apologize to the court. I couldn't believe it when I saw it .. That she should be saying that? It's so beneath the court for her to be making statements like that. It only energizes my base even more. And I would hope that she would get off the court as soon as possible."[29]
- In a posted tweet on July 13, Trump called for Justice Ginsburg's resignation, saying that she "has embarrassed all by making very dumb political statements about me. Her mind is shot - resign!"[30]
- Read Justice Ginsburg's comments on Donald Trump, 2016.
Statements on U.S. Supreme Court Nominee Merrick Garland
- During an interview on CNN on March 16, 2016, Donald Trump discussed the process for choosing the next United States Supreme Court justice. He said, "I think the next president should make the pick, and I think they shouldn’t go forward, and I believe I’m pretty much in line with what the Republicans are saying."[31]
Statements on the death of Antonin Scalia and the Supreme Court vacancy
- In response to a question from moderator Chris Wallace during the third presidential debate on October 19, 2016, Donald Trump gave the following remarks on the U.S. Supreme Court, "The Supreme Court, it is what it is all about. Our country is so, so, it is just so imperative that we have the right justices. Something happened recently where Justice Ginsburg made some very inappropriate statements toward me and toward a tremendous number of people. Many, many millions of people that I represent and she was forced to apologize. And apologize she did. But these were statements that should never, ever have been made. We need a Supreme Court that in my opinion is going to uphold the second amendment and all amendments, but the second amendment which is under absolute siege. I believe, if my opponent should win this race, which I truly don't think will happen, we will have a second amendment which will be a very, very small replica of what it is right now. But I feel that it is absolutely important that we uphold because of the fact that it is under such trauma. I feel that the justices that I am going to appoint, and I've named 20 of them. The justices that I am going to appoint will be pro-life. They will have a conservative bent. They will be protecting the second amendment. They are great scholars in all cases and they're people of tremendous respect. They will interpret the constitution the way the founders wanted it interpreted and I believe that’s very important. I don't think we should have justices appointed that decide what they want to hear. It is all about the constitution of, and it is so important. The constitution the way it was meant to be. And those are the people that I will appoint."[32]
- Trump released a list of names from which he would choose nominees to the U.S. Supreme Court as president on September 23, 2016. The list includes four state supreme court judges, four federal appellate judges, and two federal district court judges. This list adds to a list of 11 potential nominees Trump released on May 18, 2016. In a press release, Trump thanked the Federalist Society and the Heritage Foundation, among others, for help in constructing the list.[33] For a complete list of Trump's potential nominees to the Supreme Court, click here.
- On February 14, 2016, Donald Trump said that he was joking when he stated in 2015 that he would appoint his sister, federal judge Maryanne Trump Barry, to the Supreme Court if given the opportunity. He said, “My sister’s a brilliant person, known as a brilliant person, but it’s obviously a conflict. … My sister, also she — she also happens to have a little bit different views than me, but I said in that in a very joking matter, and it was all lots of fun and everything else.”[34]
- At the Republican presidential debate on February 13, 2016, Trump identified federal judges Diane Sykes and William Pryor as potential replacements for Antonin Scalia. He added that he expected President Barack Obama would nominate a justice and that it was "up to Mitch McConnell, and everybody else to stop it. It's called delay, delay, delay."[35]
- Earlier on February 13, 2016, Trump tweeted, "The totally unexpected loss of Supreme Court Justice Antonin Scalia is a massive setback for the Conservative movement and our COUNTRY!"[36]
| The 2016 Republican Party Platform on government | ||||||
|---|---|---|---|---|---|---|
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Green candidate
Jill Stein
- After the U.S. Supreme Court announced its 4-4 decision in United States v. Texas, Stein tweeted, "#SCOTUS decision today is terrible. We need to provide safe homes for undocumented workers with children and protect them from deportation."[38]
- According to a 2012 Huffington Post profile of Jill Stein, "she would appoint Supreme Court justices who believe corporations are corporations, not people, and fight to get corporate money and influence out of the political process."[39]
| The 2016 Green Party Platform on the Supreme Court |
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| The 2016 Green Party Platform does not specifically mention the Supreme Court.[40] |
Libertarian candidate
Gary Johnson
- In an April 2012 op-ed in The Huffington Post criticizing the Supreme Court decision in Florence v. Board of Chosen Freeholders, Johnson advocated for stronger protection of the right to privacy. He wrote, "There are a lot of us in America who still would like to believe that woven through the Constitution and the Bill of Rights is a fundamental right to individual privacy. And I don't recall that we agreed to forfeit that right just because technology has outgrown the law or because the police need 'substantial discretion' to make us take our clothes off. Expecting the government to willingly constrain itself when it comes to violating our privacy is not just foolhardy; it defies everything we know about the very nature of government. Until privacy is restored as a fundamental American value and right that government is required to protect, rather than destroy, this erosion of our freedom -- and dignity -- will continue."[41]
| The 2016 Libertarian Party Platform on the Supreme Court |
|---|
| The 2016 Libertarian Party Platform does not specifically mention the Supreme Court.[42] |
Recent news
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See also
External links
- ProCon.org's "Should Supreme Court Justice Scalia's Replacement Be Chosen by President Obama?"
- ProCon.org's "Was the Citizens United Supreme Court Decision Good for America?"
Footnotes
- ↑ The Washington Post, "The final Trump-Clinton debate transcript, annotated," October 19, 2016
- ↑ Politico, "Clinton, Sanders praise Obama's Supreme Court pick," March 16, 2016
- ↑ Talking Points Memo, "Clinton Defends Vote Against Alito: What GOP Is Doing Now Is 'Very Different'," February 18, 2016
- ↑ ABC News, "Hillary Clinton Would Consider Appointing President Obama to Supreme Court," January 26, 2016
- ↑ The Boston Globe, "A make-or-break moment for Supreme Court appointments," January 8, 2016
- ↑ Talking Points Memo, "Hillary Clinton Calls For SCOTUS To Uphold 'One Person, One Vote'," December 9, 2015
- ↑ The Wall Street Journal, "Hillary Clinton Backs Use of Death Penalty," October 28, 2015
- ↑ New York Times, “Stark Contrasts Between McCain and Obama in Judicial Wars," May 28, 2008
- ↑ YouTube.com, "Hillary Clinton: Supreme Court justice appointments," accessed February 2, 2015
- ↑ Bloomberg, "Clinton Says She May Not Choose Garland for Supreme Court," September 15, 2016
- ↑ CBS News, "Hillary Clinton to Chuck Grassley: Give Merrick Garland a hearing," March 28, 2016
- ↑ Reuters, "Clinton warns of possible Trump Supreme Court nominations," March 29, 2016
- ↑ Twitter, "Hillary Clinton Statement on Merrick Garland," accessed March 16, 2016
- ↑ Politico, "Full transcript: Third 2016 presidential debate," October 20, 2016
- ↑ U.S. News & World Report, "Clinton Refuses to Commit to Merrick Garland as Her Supreme Court Pick," September 15, 2016
- ↑ CNN, "Clinton takes aim at Trump in Supreme Court speech," March 28, 2016
- ↑ New York Daily News, "Hillary Clinton, during speech in NYC, compares GOP to ‘Jim Crow’ for refusing to back Obama’s Supreme Court pick," February 17, 2016
- ↑ CNN, "Clinton tips her hand on Supreme Court nominations," February 15, 2016
- ↑ Hillary Clinton for President, "Hillary Clinton Statement on the Passing of Supreme Court Justice Antonin Scalia," February 13, 2016
- ↑ The Huffington Post, "Hillary Clinton Releases Broad Campaign Finance Reform Plan," September 8, 2015
- ↑ New York Times, “Clinton Moves to Widen Role of State Dept.," December 22, 2008
- ↑ 22.0 22.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Democratic Party, "The 2016 Democratic Party Platform," accessed August 25, 2016
- ↑ NBC News, "Donald Trump: I Will Push Term Limits to Tell Congress 'You're Fired,'" October 19, 2016
- ↑ Donald J Trump, "Donlad J. Trump details ethics reform plan for Washington, D.C.," October 17, 2016
- ↑ ABC News, December 12, 2015
- ↑ Politico, "Donald Trump: ‘Roberts wanted to be loved’," July 2, 2012
- ↑ FOX News, "Trump: President Obama's comments on Supreme Court's pending decision on health care law 'first grade stuff'," April 4, 2012
- ↑ The New York Times, "Donald Trump Rebukes Ruth Bader Ginsburg for Deriding His Candidacy," July 12, 2016
- ↑ Twitter, "Donald J. Trump," July 13, 2016
- ↑ The New York Times, "Candidates Stick to Party Lines in Debate Over Supreme Court Nomination," accessed March 19, 2016
- ↑ Politico, "Full transcript: Third 2016 presidential debate," October 20, 2016
- ↑ NPR, "Donald Trump Unveils New, More Diverse Supreme Court Short List," September 23, 2016
- ↑ The New York Times, "Trump Says He Was Kidding in Suggesting His Sister for the Court," February 14, 2016
- ↑ The Washington Post, "The CBS News Republican debate transcript, annotated," February 13, 2016
- ↑ Twitter, "Donald Trump," February 13, 2016
- ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
- ↑ Twitter, "Jill Stein," June 23, 2016
- ↑ Huffington Post, "President Jill Stein," September 13, 2012
- ↑ Green Party, "The 2016 Green Party Platform," accessed August 23, 2016
- ↑ The Huffington Post, "Privacy: Ditch the Cell Phone or Prepare to Disrobe," April 5, 2012
- ↑ Libertarian Party, "The 2016 Libertarian Party Platform," accessed August 23, 2016
