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Appointment and confirmation to the Supreme Court of the United States
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The appointment and confirmation of Justices to the Supreme Court of the United States involves several steps set forth by the United States Constitution, which have been further refined and developed by decades of tradition. Candidates are nominated by the President of the United States and must face a series of hearings in which both the nominee and other witnesses make statements and answer questions before the Senate Judiciary Committee, which can vote to send the nomination to the full United States Senate. Confirmation by the Senate allows the President to formally appoint the candidate to the court.
Contents
[hide]
1 Nomination
2 Confirmation
3 Recess appointments
4 Tenure and vacancies
5 References
Nomination[edit]
Article Two of the United States Constitution requires the President of the United States to nominate Supreme Court Justices and, with Senate confirmation, requires Justices to be appointed. This was for the division of power between the President and Senate by the founders, who wrote:
he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court...
Upon the election of a new President, incoming White House staff prepare profiles of possible candidates for the Supreme Court, considering not only judges but also politicians and other individuals whom they consider appropriate for the role. Besides considering national figures whose views are well-known, they consider others who are less recognized. They go through published rulings, articles, speeches, and other background material to get an idea of candidates' values and views on constitutional issues. Age, health, race, gender, and likelihood of confirmation are also factored into considerations. Once a Supreme Court vacancy opens, the President discusses the candidates with advisors. Senators also call the President with suggestions. After a first choice is decided, the candidate is contacted and called on by the President to serve on the highest court. Staffers send a vetting form for the candidate to fill out. They visit the candidate to go over tax records and payments to domestic help. Candidates whom the President has never met are interviewed by White House officials before being sent to the White House to be interviewed in person by the President. After making a final decision, the President calls the candidate, who is told to prepare a statement for an appearance in front of the national press for the President's formal announcement.
Most Presidents nominate individuals who broadly share their ideological views.[1] In many cases, however, a Justice's decisions may be contrary to what the nominating President anticipated. A famous instance was Chief Justice Earl Warren; President Dwight D. Eisenhower expected him to be a conservative judge, but his decisions are arguably among the most liberal in the Court's history. Eisenhower later called the appointment "the biggest damn fool mistake I ever made".[2] Another Justice whose decisions ran contrary to what was believed to be his ideology was David Souter, who was nominated to the high court in 1990 by President George H. W. Bush. Many pundits and politicians at the time expected Souter to be a conservative; however, after becoming a Justice, his opinions generally fell on the liberal side of the political spectrum.
Because the Constitution does not set any qualifications for service as a Justice, the President may nominate any individual to serve on the Court. However, that person must receive the confirmation of the Senate.
Confirmation[edit]
In modern times, the confirmation process has attracted considerable attention from special-interest groups, many of which lobby senators to confirm or to reject a nominee, depending on whether the nominee's track record aligns with the group's views. The Senate Judiciary Committee conducts hearings, questioning nominees to determine their suitability. By convention, nominees avoid revealing too much about their views on potential cases that may come before the Court. At the close of confirmation hearings, the Committee votes on whether the nomination should go to the full Senate with a positive, negative or neutral report.
The Roberts Court (April 2017 - present). Front row (left to right): Ruth Bader Ginsburg, Anthony Kennedy, John Roberts (Chief Justice), Clarence Thomas, and Stephen Breyer. Back row (left to right): Elena Kagan, Samuel A. Alito, Sonia Sotomayor, and Neil Gorsuch.
The Committee's practice of personally interviewing nominees is relatively recent, beginning with Harlan Fiske Stone in 1925. Some western senators were concerned with his links to Wall Street and expressed their opposition when Stone was nominated. Stone proposed what was then the novelty of appearing before the Judiciary Committee to answer questions; his testimony helped secure a confirmation vote with very little opposition. The second nominee to appear before the Committee was Felix Frankfurter, who only addressed (at the Committee's request) what he considered to be slanderous allegations against him.[3] The modern practice of the Committee questioning nominees on their judicial views began with the nomination of John Marshall Harlan II in 1955; the nomination came shortly after the Court handed down the landmark Brown v. Board of Education decision, and several Southern senators attempted to block Harlan's confirmation, hence the decision to testify.[4][5]
Once the Committee reports out the nomination, the whole Senate considers it. A simple majority vote is required to confirm or to reject a nominee. Prior to 2017, a successful filibuster threat could add the requirement of a supermajority of 60 needed in favor of cloture, which would allow debate to end and force a final vote on confirmation. Rejections are relatively uncommon; the Senate has explicitly rejected twelve Supreme Court nominees in its history. The most recent rejection of a nominee by vote of the full Senate came in 1987, when the Senate refused to confirm Robert Bork.
Not everyone nominated by the President has received a floor vote in the Senate. Prior to 2017 a nominee could be filibustered once debate on the nomination had begun in the full Senate. A filibuster indefinitely prolongs the debate, preventing a final vote on the nominee. President Lyndon Johnson's nomination of sitting Associate Justice Abe Fortas to succeed Earl Warren as Chief Justice in 1968 was the first successful filibuster of a Supreme Court nominee. It included both Republican and Democratic senators concerned with Fortas's ethics. President Donald Trump's nomination of Neil Gorsuch to the seat vacated by Antonin Scalia was the second. Unlike the Fortas filibuster, however, only Democratic Senators voted against cloture on the Gorsuch nomination, citing his perceived conservative judicial philosophy, and the Republican majority's prior refusal to take up Obama's nomination of Merrick Garland to fill the vacancy.[6][7][8] This led the Republican majority to change the rules and eliminate the filibuster for Supreme Court nominations.[9]
Not every Supreme Court nominee has received a floor vote in the Senate. A president may withdraw a nomination before an actual confirmation vote occurs, typically because it is clear that the Senate will reject the nominee; this occurred most recently with the nomination of Harriet Miers in 2006 before Committee hearings had begun, citing concerns about Senate requests during her confirmation process for access to internal Executive Branch documents resulting from her position as White House Counsel. In 1987, President Ronald Reagan withdrew the nomination of Douglas H. Ginsburg because of news reports containing marijuana use allegations.
The Senate may also fail to act on the nomination, which expires at the end of the session. For example, President Dwight Eisenhower's first nomination of John Marshall Harlan II in November 1954 was not acted on by the Senate; Eisenhower re-nominated Harlan in January 1955, and Harlan was confirmed two months later. Most recently, the Senate failed to act on President Barack Obama's nomination of Merrick Garland in March 2016 to fill the vacancy left by the death of Antonin Scalia; the nomination expired in January 2017, and the vacancy was later filled by President Trump's appointment of Neil Gorsuch.[10]
Before 1981 the approval process of Justices was usually rapid. From the Truman through Nixon administrations, Justices were typically approved within one month. From the Reagan administration to the present, however, the process has taken much longer. According to the Congressional Research Service, the average number of days from nomination to final Senate vote since 1975 is 67 days (2.2 months), while the median is 71 days (or 2.3 months).[11][12] Some believe this is because Congress sees Justices as playing a more political role than in the past.[13] The perceived politicization of the process has drawn criticism. For example, columnist George F. Will termed the defeat of Robert Bork's nomination "unjust" and, more generally, that the nomination process does "not delve deeply into the nominee's jurisprudential thinking."[14] Supreme Court nominations have caused media speculation about whether the judge leans to the left, middle, or right.[15] One indication of the politicized selection process is how much time each nominee spends being questioned under the glare of media coverage; before 1925, nominees were never questioned;[16] after 1955, every nominee has been required to appear before the Senate Judiciary Committee and answer questions; and the hours spent being grilled have lengthened from single digits (before 1980) to double digits today.[17] Another example of the politicization of the process was the Merrick Garland Supreme Court nomination, which remained before the Senate far longer than any other nominee.
Following is a table of the approximate number of hours that media sources estimate were spent on the questioning of Supreme Court nominees since 1925:
Year
Nominee
# Hours
1925 Harlan Fiske Stone 7000500000000000000♠5
1938 Felix Frankfurter –
1955 John Marshall Harlan II –
1957 William J. Brennan, Jr. 7000300000000000000♠3
1967 Thurgood Marshall 7000700000000000000♠7
1971 William H. Rehnquist 7000700000000000000♠7
1975 John Paul Stevens 7000600000000000000♠6
1981 Sandra Day O'Connor 7001120000000000000♠12
1987 Robert Bork (not confirmed) 7001300000000000000♠30
1987 Anthony Kennedy 7001110000000000000♠11
1990 David H. Souter 7001200000000000000♠20
1991 Clarence Thomas 7001250000000000000♠25
1993 Ruth Bader Ginsburg 7001200000000000000♠20
1994 Stephen G. Breyer 7001200000000000000♠20
2005 John G. Roberts, Jr. 7001200000000000000♠20
2016 Merrick Garland (not confirmed) 5000000000000000000♠0
2017 Neil Gorsuch 7001200000000000000♠20
Sources: The New York Times (2005, 2009), MSNBC (2005)[3][4][17]
Once the Senate confirms the nomination by an affirmative vote, the Secretary of the Senate attests to a resolution of confirmation and transmits it to the White House.[18] The President then prepares and signs a commission, and causes the Seal of the United States Department of Justice to be affixed to the document before the new Justice can take office.[19] The date of commission determines a Justice's seniority.[20] A ceremony is held in which the Justice must take the Constitutional Oath, which is used for every federal and state officeholder below the President, and the Judicial Oath used for federal judges before entering into the execution of their office.
Recess appointments[edit]
Potter Stewart, appointed by President Dwight Eisenhower, was the last Supreme Court Justice initially placed on the Court through a recess appointment.
Article II, Section 2 of the U.S. Constitution provides that:
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Thus, when the Senate is in recess, the President may make a temporary appointment to any office requiring Senate approval, including filling vacancies on the Supreme Court, without the Senate's advice and consent. Such a recess appointee to the Supreme Court holds office only until the end of the next Senate session (always less than two years). To continue to serve thereafter and be compensated for his or her service, the nominee must be formally nominated by the President and confirmed by the Senate. Of the ten Justices who have received recess appointments - two Chief Justices and eight Associate Justices - only Chief Justice John Rutledge was not subsequently confirmed for a regular appointment. No president since Dwight Eisenhower (who made three such appointments) has made a recess appointment to the Supreme Court and the practice has become highly controversial even when applied to lower federal courts. During the 110th Congress, the Democratic leadership of the Senate specifically blocked Republican President George W. Bush from making any recess appointments with the use of pro forma sessions.
In 1960 the Senate passed a resolution stating that it was the sense of the Senate that recess appointments to the Supreme Court should not be made except under unusual circumstances.[21] Being a resolution, it has no legally binding effect, but was intended as an expression of the position of the Senate and as a guide to executive actions. The resolution passed by a vote of 48 to 37, mainly along party lines.[21] [22]
Following is a list of recess appointments that have been made to the Supreme Court:[23]
Justice Appointed by Date of
Appointment Date of
Nomination Date of
Senate action Senate
action
Johnson, ThomasThomas Johnson Washington 000000001791-08-05-0000August 5, 1791 000000001791-10-31-0000October 31, 1791 000000001791-11-07-0000November 7, 1791 Confirmed
Rutledge, JohnJohn Rutledge
(as Chief Justice) Washington 000000001795-07-01-0000July 1, 1795 000000001795-12-10-0000December 10, 1795 000000001795-12-15-0000December 15, 1795 Rejected
Washington, BushrodBushrod Washington J. Adams 000000001798-09-29-0000September 29, 1798 000000001798-12-19-0000December 19, 1798 000000001798-12-20-0000December 20, 1798 Confirmed
Livingston, Henry BrockholstHenry Brockholst Livingston Jefferson 000000001806-11-10-0000November 10, 1806 000000001806-12-15-0000December 15, 1806 000000001806-12-17-0000December 17, 1806 Confirmed
Thompson, SmithSmith Thompson Monroe 000000001823-09-01-0000September 1, 1823 000000001823-12-05-0000December 5, 1823 000000001823-12-09-0000December 9, 1823 Confirmed
McKinley, JohnJohn McKinley Van Buren 000000001837-04-22-0000April 22, 1837 000000001837-09-18-0000September 18, 1837 000000001837-09-25-0000September 25, 1837 Confirmed
Woodbury, LeviLevi Woodbury Polk 000000001845-09-20-0000September 20, 1845 000000001845-12-23-0000December 23, 1845 000000001846-01-03-0000January 3, 1846 Confirmed
Curtis, Benjamin RobbinsBenjamin Robbins Curtis Fillmore 000000001851-09-22-0000September 22, 1851 000000001851-12-11-0000December 11, 1851 000000001851-12-20-0000December 20, 1851 Confirmed
Davis, DavidDavid Davis Lincoln 000000001862-10-17-0000October 17, 1862 000000001862-12-01-0000December 1, 1862 000000001862-12-08-0000December 8, 1862 Confirmed
Warren, EarlEarl Warren
(as Chief Justice) Eisenhower 000000001953-10-02-0000October 2, 1953 000000001954-03-01-0000March 1, 1954 000000001954-03-01-0000March 1, 1954 Confirmed
Brennan, Jr., William J.William J. Brennan, Jr. Eisenhower 000000001956-10-15-0000October 15, 1956 000000001957-01-14-0000January 14, 1957 000000001957-03-19-0000March 19, 1957 Confirmed
Stewart, PotterPotter Stewart Eisenhower 000000001958-10-14-0000October 14, 1958 000000001959-01-17-0000January 17, 1959 000000001959-12-05-0000December 5, 1959 Confirmed
Tenure and vacancies[edit]
The ability of a president to appoint new justices depends on the occurrence of a vacancy on the Court. The Constitution provides that justices "shall hold their offices during good behavior" (unless appointed during a Senate recess). The term "good behavior" is well understood to mean Justices may serve for the remainder of their lives, although they can voluntarily resign or retire. A Justice can also be removed by Congressional impeachment and conviction. However, only one Justice has been impeached by the House (Samuel Chase, in 1805) and he was acquitted in the Senate. Moves to impeach sitting justices have occurred more recently (for example, William O. Douglas was the subject of hearings twice, once in 1953 and again in 1970), but they have not reached a vote in the House. No mechanism presently exists for removing a Justice who is permanently incapacitated by illness or injury, both unable to resign and unable to resume service.[24]
Because Justices have indefinite tenure, it is impossible to know when a vacancy will next occur. Sometimes vacancies arise in quick succession, as in the early 1970s when Lewis Franklin Powell, Jr. and William H. Rehnquist were nominated to replace Hugo Black and John Marshall Harlan II, who retired within a week of each other. Sometimes a great length of time passes between nominations such as the eleven years between Stephen Breyer's nomination in 1994 and the departures of Chief Justice Rehnquist and Justice Sandra Day O'Connor (by death and retirement, respectively) in 2005 and 2006.
It is also theoretically possible for Congress to create additional vacancies by expanding the Court itself. The United States Constitution does not specify the size of the Supreme Court, but in Article III it authorizes the Congress to fix the number of justices. The Judiciary Act of 1789 called for the appointment of six justices. As the country grew geographically, Congress increased the number of justices to correspond with the growing number of judicial circuits. In 1807, the court was expanded to seven members, allowing Thomas Jefferson to appoint Thomas Todd as a new Justice. The expansion to nine members in 1837 allowed Andrew Jackson to appoint John Catron, and Martin Van Buren to appoint John McKinley; and the addition of a tenth seat in 1863 allowed Abraham Lincoln to name Stephen Johnson Field to the Court. However, at the request of Chief Justice Salmon P. Chase, Congress passed the Judicial Circuits Act (1866) which provided that the next three justices to retire would not be replaced; thus, the size of the Court should have eventually reached seven by attrition. Consequently, one seat was removed in 1866 and a second in 1867. However, this law did not play out to completion, for in the Judiciary Act of 1869,[25] also known as the Circuit Judges Act, the number of justices was again set at nine, where it has since remained. The new seat created in 1869 was filled the following year by Ulysses S. Grant's appointment of Joseph P. Bradley - the last justice to be appointed to a newly created seat on the Court.
President Franklin D. Roosevelt attempted to expand the Court in 1937, seeking to appoint an additional justice for each incumbent justice who reached the age of 70 years 6 months and refused retirement; under Roosevelt's proposal, such appointments would continue until the Court reached a maximum size of 15 justices. Ostensibly, the proposal was made to ease the burdens of the docket on the elderly judges, but the President's actual purpose was to pack the Court with justices who would support New Deal policies and legislation.[26] This plan, usually called the "Court-packing Plan", failed in Congress and proved a political disaster for Roosevelt.[27] The balance of the Court shifted with the retirement of Willis Van Devanter and the confirmation of Hugo Black in August 1937. By the end of 1941, Roosevelt had appointed seven Supreme Court justices and elevated Harlan Fiske Stone to Chief Justice.[28]
Despite the variability, nearly all Presidents so far have been able to appoint at least one Justice. The four exceptions are William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter. Harrison died a month after taking office, though his successor (John Tyler) made an appointment during that presidential term. Taylor likewise died early in his presidential term, although his successor (Millard Fillmore) also made a Supreme Court nomination before the end of that term. Johnson was denied the opportunity to appoint a Justice by a contraction in the size of the Supreme Court, which Congress may dictate. Jimmy Carter is the only President who completed at least one full term in office without making a nomination to the Court during his presidency.
References[edit]
Jump up ^ See Black, Ryan C.; Owens, Ryan J. "Courting the President: How Circuit Court Judges Alter Their Behavior for Promotion to the Supreme Court". American Journal of Political Science. 60 (1): 30–43. doi:10.1111/ajps.12132.
Jump up ^ Todd S., Purdum (July 5, 2005). "Presidents, Picking Justices, Can Have Backfires". Courts in Transition: Nominees and History. New York Times. p. A4. |access-date= requires |url= (help)
^ Jump up to: a b Tom Curry (Nov 5, 2005). "A guide to the Supreme Court nomination (quote:) "...1939, when he went before the Judiciary Committee, nominee Felix Frankfurter told senators..."". MSNBC.com. Retrieved 2009-10-24.
^ Jump up to: a b STEPHEN L. CARTER (May 9, 2009). "Let the Nominee Stay Home (quote:) "...The first was John Marshall Harlan in 1955, who declined invitations to discuss either specific cases or judicial philosophy as 'a matter of propriety'..."". New York Times. Retrieved 2009-10-24.
Jump up ^ "United States Senate. "Nominations"".
Jump up ^ Jim Brunner (24 March 2017). "Sen. Patty Murray will oppose Neil Gorsuch for Supreme Court". The Seattle Times. Retrieved 9 April 2017. In a statement Friday morning, Murray cited Republicans’ refusal to confirm or even seriously consider President Obama’s nomination of Judge Merrick Garland, a similarly well-qualified jurist — and went on to lambaste President Trump’s conduct in his first few months in office. [...] And Murray added she’s "deeply troubled" by Gorsuch’s "extreme conservative perspective on women’s health," citing his "inability" to state a clear position on Roe v. Wade, the landmark abortion-legalization decision, and his comments about the "Hobby Lobby" decision allowing employers to refuse to provide birth-control coverage.
Jump up ^ McCaskill, Claire (31 March 2017). "Gorsuch:Good for corporations, bad for working people". Retrieved 9 April 2017. I cannot support Judge Gorsuch because a study of his opinions reveal a rigid ideology that always puts the little guy under the boot of corporations. He is evasive, but his body of work isn’t. Whether it is a freezing truck driver or an autistic child, he has shown a stunning lack of humanity. And he has been an activist - for example, writing a dissent on a case that had been settled, in what appears to be an attempt to audition for his current nomination.
Jump up ^ Schallhorn, Kaitlyn (23 March 2017). "Schumer: Democrats will filibuster SCOTUS nominee Neil Gorsuch". The Blaze. Retrieved 7 April 2017. Schumer added that Gorsuch’s record shows he has a "deep-seated conservative ideology" and "groomed by the Federalist Society," a conservative nonprofit legal organization.
Jump up ^ Matt Flegenheimer (6 April 2017). "Senate Republicans Deploy 'Nuclear Option' to Clear Path for Gorsuch". New York Times. After Democrats held together Thursday morning and filibustered President Trump’s nominee, Republicans voted to lower the threshold for advancing Supreme Court nominations from 60 votes to a simple majority.
Jump up ^ "U.S. Senate: Supreme Court Nominations, Present-1789". United States Senate. Retrieved 8 April 2017.
Jump up ^ "The Stakes Of The 2016 Election Just Got Much, Much Higher". The Huffington Post. Retrieved 2016-02-14.
Jump up ^ McMillion, Barry J. (19 October 2015). "Supreme Court Appointment Process: Senate Debate and Confirmation Vote" (PDF). Congressional Research Service. Retrieved 14 February 2016.
Jump up ^ Balkin, Jack M. "The passionate intensity of the confirmation process". Jurist. Archived from the original on 17 February 2008. Retrieved 2008-02-13.
Jump up ^ George F. Will (May 27, 2009). "Identity Justice: Obama's Conventional Choice". Washington Post. Retrieved 2009-10-22.
Jump up ^ NEIL A. LEWIS (June 27, 1993). "Balanced Jurist at Home in the Middle". New York Times. Retrieved 2009-10-22.
Jump up ^ Steve Padilla (July 15, 2009). "Sotomayor hearings: The grilling of Supreme Court nominees is a relatively new invention (quote:) "Harlan Stone became the first Supreme Court nominee to appear and testify before the Judiciary Committee in 1925" ALSO "Every nominee to the high court since President Eisenhower's 1955 nomination of John Harlan has testified before the committee."". Los Angeles Times. Retrieved 2009-10-24.
^ Jump up to: a b "COURT IN TRANSITION; Republicans Speak of Respect of Roberts's Peers, and Democrats Issue Warnings -- their sources: Courts and Congress by Judge Robert A. Katzmann; Senate transcripts". New York Times. September 16, 2005. Retrieved 2009-10-22.
Jump up ^ Rutkus, Supreme Court Nominations, p. 57
Jump up ^ 5 U.S.C. § 2902.
Jump up ^ See 28 U.S.C. § 4.
^ Jump up to: a b Fisher, Louis (2001-09-05). "Recess Appointments of Federal Judges" (PDF). CRSN Report for Congress. Congressional Research Service. The Library of Congress. RL31112: 16–18. Archived (PDF) from the original on 4 August 2010. Retrieved 2010-08-06. Resolved, That it is the sense of the Senate that the making of recess appointments to the Supreme Court of the United States may not be wholly consistent with the best interests of the Supreme Court, the nominee who may be involved, the litigants before the Court, nor indeed the people of the United States, and that such appointments, therefore, should not be made except under unusual circumstances and for the purpose of preventing or ending a demonstrable breakdown in the administration of the Court’s business.
Jump up ^ Democrats supported the resolution 48-4, and Republicans opposed it 33-0.
Jump up ^ Denis Steven Rutkus & Maureen Bearden, Supreme Court Nominations, 1789-2009: Actions by the Senate, the Judiciary Committee, and the President, Cong. Research Serv. (May 13, 2009).
Jump up ^ Appel, Jacob M. (2009-08-22). "Anticipating the Incapacitated Justice". Huffington Post. Retrieved 2009-08-23.
Jump up ^ 16 Stat. 44
Jump up ^ Mintz, S. (2007). "The New Deal in Decline". Digital History. University of Houston. Archived from the original on 2008-05-05. Retrieved 2009-10-27.
Jump up ^ Hodak, George (2007). "February 5, 1937: FDR Unveils Court Packing Plan". ABAjournal.com. American Bar Association. Retrieved 2009-01-29.
Jump up ^ "Justices, Number of", in Hall, Ely Jr., Grossman, and Wiecek (editors), The Oxford Companion to the Supreme Court of the United States. Oxford University Press 1992, ISBN 0-19-505835-6
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Bifröst
From Wikipedia, the free encyclopedia
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For other uses, see Bifrost (disambiguation).
The god Heimdallr stands before the rainbow bridge while blowing a horn (1905) by Emil Doepler.
In Norse mythology, Bifröst (/ˈbɪvrɒst/ ( listen)[1] or sometimes Bilröst or Bivrost) is a burning rainbow bridge that reaches between Midgard (Earth) and Asgard, the realm of the gods. The bridge is attested as Bilröst in the Poetic Edda; compiled in the 13th century from earlier traditional sources, and as Bifröst in the Prose Edda; written in the 13th century by Snorri Sturluson, and in the poetry of skalds. Both the Poetic Edda and the Prose Edda alternately refer to the bridge as Ásbrú (Old Norse "Æsir's bridge").[2]
According to the Prose Edda, the bridge ends in heaven at Himinbjörg, the residence of the god Heimdallr, who guards it from the jötnar. The bridge's destruction during Ragnarök by the forces of Muspell is foretold. Scholars have proposed that the bridge may have originally represented the Milky Way and have noted parallels between the bridge and another bridge in Norse mythology, Gjallarbrú.
Contents
[hide]
1 Etymology
2 Attestations
2.1 Poetic Edda
2.2 Prose Edda
3 Theories
4 Notes
5 References
6 External links
Etymology[edit]
Scholar Andy Orchard posits that Bifröst may mean "shimmering path." He notes that the first element of Bilröst—bil (meaning "a moment")—"suggests the fleeting nature of the rainbow," which he connects to the first element of Bifröst—the Old Norse verb bifa (meaning "to shimmer" or "to shake")—noting that the element evokes notions of the "lustrous sheen" of the bridge.[3] Austrian Germanist Rudolf Simek says that Bifröst either means "the swaying road to heaven" (also citing bifa) or, if Bilröst is the original form of the two (which Simek says is likely), "the fleetingly glimpsed rainbow" (possibly connected to bil, perhaps meaning "moment, weak point").[4]
Attestations[edit]
Two poems in the Poetic Edda and two books in the Prose Edda provide information about the bridge:
Poetic Edda[edit]
Thor wades through rivers while the rest of the æsir ride across Bifröst (1895) by Lorenz Frølich.
In the Poetic Edda, the bridge is mentioned in the poems Grímnismál and Fáfnismál, where it is referred to as Bilröst. In one of two stanzas in the poem Grímnismál that mentions the bridge, Grímnir (the god Odin in disguise) provides the young Agnarr with cosmological knowledge, including that Bilröst is the best of bridges.[5] Later in Grímnismál, Grímnir notes that Asbrú "burns all with flames" and that, every day, the god Thor wades through the waters of Körmt and Örmt and the two Kerlaugar:
Benjamin Thorpe translation:
Körmt and Ormt, and the Kerlaugs twain:
these Thor must wade
each day, when he to council goes
at Yggdrasil's ash;
for as the As-bridge is all on fire,
the holy waters boil.[6]
Henry Adams Bellows translation:
Kormt and Ormt and the Kerlaugs twain
Shall Thor each day wade through,
(When dooms to give he forth shall go
To the ash-tree Yggdrasil;)
For heaven's bridge burns all in flame,
And the sacred waters seethe.[7]
In Fáfnismál, the dying wyrm Fafnir tells the hero Sigurd that, during the events of Ragnarok, bearing spears, gods will meet at Óskópnir. From there, the gods will cross Bilröst, which will break apart as they cross over it, causing their horses to dredge through an immense river.[8]
Prose Edda[edit]
Bifröst appears in the background as the gods do battle in Battle of the Doomed Gods (1882) by Friedrich Wilhelm Heine.
Bifröst is shattered in The twilight of the gods (1920) by Willy Pogany.
The bridge is mentioned in the Prose Edda books Gylfaginning and Skáldskaparmál, where it is referred to as Bifröst. In chapter 13 of Gylfaginning, Gangleri (King Gylfi in disguise) asks the enthroned figure of High what way exists between heaven and earth. Laughing, High replies that the question isn't an intelligent one, and goes on to explain that the gods built a bridge from heaven and earth. He incredulously asks Gangleri if he has not heard the story before. High says that Gangleri must have seen it, and notes that Gangleri may call it a rainbow. High says that the bridge consists of three colors, has great strength, "and is built with art and skill to a greater extent than other constructions."[9]
High notes that, although the bridge is strong, it will break when "Muspell's lads" attempt to cross it, and their horses will have to make do with swimming over "great rivers." Gangleri says that it doesn't seem that the gods "built the bridge in good faith if it is liable to break, considering that they can do as they please." High responds that the gods do not deserve blame for the breaking of the bridge, for "there is nothing in this world that will be secure when Muspell's sons attack."[9]
In chapter 15 of Gylfaginning, Just-As-High says that Bifröst is also called Asbrú, and that every day the gods ride their horses across it (with the exception of Thor, who instead wades through the boiling waters of the rivers Körmt and Örmt) to reach Urðarbrunnr, a holy well where the gods have their court. As a reference, Just-As-High quotes the second of the two stanzas in Grímnismál that mention the bridge (see above). Gangleri asks if fire burns over Bifröst. High says that the red in the bridge is burning fire, and, without it, the frost jotnar and mountain jotnar would "go up into heaven" if anyone who wanted could cross Bifröst. High adds that, in heaven, "there are many beautiful places" and that "everywhere there has divine protection around it."[10]
In chapter 17, High tells Gangleri that the location of Himinbjörg "stands at the edge of heaven where Bifrost reaches heaven."[11] While describing the god Heimdallr in chapter 27, High says that Heimdallr lives in Himinbjörg by Bifröst, and guards the bridge from mountain jotnar while sitting at the edge of heaven.[12] In chapter 34, High quotes the first of the two Grímnismál stanzas that mention the bridge.[13] In chapter 51, High foretells the events of Ragnarök. High says that, during Ragnarök, the sky will split open, and from the split will ride forth the "sons of Muspell". When the "sons of Muspell" ride over Bifröst it will break, "as was said above."[14]
In the Prose Edda book Skáldskaparmál, the bridge receives a single mention. In chapter 16, a work by the 10th century skald Úlfr Uggason is provided, where Bifröst is referred to as "the powers' way."[15]
Theories[edit]
Bifröst in the background, Heimdallr explains to a young Hnoss how all things came to be (1920) by Willy Pogany.
In his translation of the Prose Edda, Henry Adams Bellows comments that the Grímnismál stanza mentioning Thor and the bridge stanza may mean that "Thor has to go on foot in the last days of the destruction, when the bridge is burning. Another interpretation, however, is that when Thor leaves the heavens (i.e., when a thunder-storm is over) the rainbow-bridge becomes hot in the sun."[7]
John Lindow points to a parallel between Bifröst, which he notes is "a bridge between earth and heaven, or earth and the world of the gods", and the bridge Gjallarbrú, "a bridge between earth and the underworld, or earth and the world of the dead."[16] Several scholars have proposed that Bifröst may represent the Milky Way.[17]
Notes[edit]
Jump up ^ "Definition: Bifrost". Collins Dictionary. n.d. Retrieved 16 October 2014.
Jump up ^ Simek (2007:19).
Jump up ^ Orchard (1997:19).
Jump up ^ Simek (2007:36-37).
Jump up ^ Larrington (1999:44).
Jump up ^ Thorpe (1907:22).
^ Jump up to: a b Bellows (1923:96).
Jump up ^ Larrington (1999:160).
^ Jump up to: a b Faulkes (1995:15).
Jump up ^ Faulkes (1995:17—18).
Jump up ^ Faulkes (1995:20).
Jump up ^ Faulkes (1995:25).
Jump up ^ Faulkes (1995:34).
Jump up ^ Faulkes (1995:53).
Jump up ^ Faulkes (1995:77).
Jump up ^ Lindow (2002:81).
Jump up ^ Lindow (2002:81) and Simek (2007:36).
References[edit]
Bellows, Henry Adams (1923). The Poetic Edda. American Scandinavian Foundation.
Faulkes, Anthony (Trans.) (1995). Edda. Everyman. ISBN 0-460-87616-3.
Larrington, Carolyne (Trans.) (1999). The Poetic Edda. Oxford World's Classics. ISBN 0-19-283946-2.
Lindow, John (2001). Norse Mythology: A Guide to the Gods, Heroes, Rituals, and Beliefs. Oxford University Press. ISBN 0-19-515382-0.
Orchard, Andy (1997). Dictionary of Norse Myth and Legend. Cassell. ISBN 0-304-34520-2.
Simek, Rudolf (2007). Dictionary of Northern Mythology. Translated by Angela Hall. D.S. Brewer. ISBN 0-85991-513-1.
Thorpe, Benjamin (Trans.) (1907). Edda Sæmundar Hinns Frôða: The Edda of Sæmund the Learned Part I. London: Trübner & Co.
External links[edit]
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