Hillary Clinton presidential campaign, 2016/Branches of government
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This page was current as of the 2016 election.
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 below what Hillary Clinton and the 2016 Democratic Party Platform said about the branches of government.
| CANDIDATE SUMMARY | |
Clinton on the branches of government
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."[2]
- 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.”[3]
- 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.[4]
- 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?"[5]
- 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.[6]
- 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."[7]
| 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.[8]
- Clinton voted against President George W. Bush's nominations of John Roberts and Samuel Alito to the Supreme Court.[9]
- 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."[10]
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."[11]
- 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.[12][13]
- On March 16, 2016, Clinton released the following statement on the nomination of Chief Judge Merrick Garland to the United States Supreme Court.[14]
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."[15]
- 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."[16]
- 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.[17]
- 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.”[18]
- 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."[19]
- 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.[20]
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.”[21]
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.[22]
| The 2016 Democratic Party Platform on the judiciary | ||||||
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Recent news
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See also
Footnotes
- ↑ CNN, "Hillary Clinton launches second presidential bid," April 12, 2015
- ↑ 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
- ↑ 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
