the Mexican Republic or the Federal District, or Governor or Head of Govern- ment for the Federal District are barred from serving as justices for one year after the conclusion of their respective terms. This restriction does not exist for public officials in the U.S. The procedure by which justices are appointed to the Supreme Court allows for discussion in both the U.S. and Mexico and does not leave the power to appoint solely in the hands of the ex- ecutive power. In Mexico, the president sends a slate of three candidates to the Senate so that they can decide on who will be appointed. In the U.S., the presi- dent nominates the justices, and such nomination is ratified by the Senate. In the U.S., once the appointment is approved by the Senate, associate justices have life tenure, subject to good behavior. In Mexico, Supreme Court justices serve a 15-year term, which is an approach that seems more adequate, as it allows the renewal of the court upon the expiration of each justice's term. Mexico has adopted the same approach as the U.S. as far as not imposing a maximum age limit to serve as a justice; however, Mexico does have a minimum age requirement set at 35 years of age. had parallel historical developments. In the U.S., the Supreme Court has nine members, while the Mexican court has 11. In Mexico, this number was once 26 members. The number of Supreme Court justices in the U.S. has changed between six, seven and nine members, as it stands today. Former U.S. President Franklin D. Roosevelt unsuccessfully attempted to change the composition of the court despite his influence during a time in which he had great political control. His attempt at restructuring was futile and merely led to a serious confrontation be- tween the executive and judicial powers. As far as leadership of the supreme courts, both countries have different approaches. In Mexico, the president of the court is designated by the associ- ated justices to serve a four year term, while in the U.S., the chief justice is nominated by the president, subject to ratification by the Senate. In Mexico, it's a requirement that the president of the court be a current justice of the Supreme Court, while in the U.S., the chief justice does not have to be chosen from existing members of the Supreme Court. There are differences between the jurisdictions of the two courts given the power with which each is vested. While the Mexican Supreme Court is over- whelmed by numerous matters, the U.S. cases each year. The very nature of these two courts is also different. The Supreme Court of Justice is up to date on what takes place throughout the entire judicial branch in the country and effectively carries out its role as head of the Judicial Power of the Federation. On the other hand, the Supreme Court of the U.S. does not hear administrative or governmental matters. A decentralized and efficient or- ganization is in charge of matters outside the jurisdiction of the Supreme Court of the U.S. in order to allow it to perform its paramount judicial role. Professional training is not an ob- stacle to serving on the Supreme Court of the U.S. Unlike the majority of countries, the U.S. does not require its justices to be licensed attorneys; however, it is only logical for the majority of the associate justices to be licensed attorneys, even though this is not mandated by law. Su- preme Court justices typically hail from the most prestigious schools in the U.S.. In particular, Harvard University is the academic institution that has contributed the most associate justices, 20 to be ex- act. Throughout the history of this court, only five justices have been self-taught given that they did not have a formal legal education. In Mexico, out of 11 justices, the president of the Supreme Court, Juan Silva Meza, along with Luis María Agui- lar, Olga Sánchez Cordero, Margarita Luna Ramos and Sergio Valls studied at the UNAM School of Law, and Fernando Franco, Jorge Mario Pardo Rebolledo and Arturo Zaldívar studied at the Escuela Libre de Derecho. Two justices studied at public state universities José Ramón Cossío at the Universidad de Colima and Guillermo Ortiz Mayagoitia at the Universidad Veracruzana. Sergio Salvador Aguirre studied at a private univeristy, the Universidad Autónoma de Guadalajara. The last two justices mentioned above finished out their terms on the last day of November 2012; there- fore, the Senate will determine who will fill these vacancies on the court based on two slates sent by the President. |