Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. If a Democrat is elected president, the court could shift towards a more liberal direction. How the new president forms the court will differ depending on which party controls the Senate after the…
The Framers of the United States Constitution vested immense power in the judicial branch of the government. Over the years, the highest Court of the land, the United States Supreme Court, has ruled on a multitude of cases, making new laws and setting precedence. The American people deem the judicial body supreme and, perhaps irrationally, trust they will interpret the Constitution more accurately and ethically compared to the executive and legislative branches. However, decisions of the courts are not purely legal, but rather a synthesis of attitudinal, legal, and strategic processes.…
The federal courts system is made up of two types of courts; the first type is known as the Article III court. In the article III courts it includes the U.S District Courts, the U.S. Circuit Courts of Appeal and the U.S. Supreme Court. It also has two special courts the U.S. Court of Claims and the U.S. Court of International Trade. The judges in the federal court are appointed by the President of the United States, with the advice and consent of the Senate. Federal judges remain in office a lifetime. These courts are considered special because unlike other courts, they are not of general jurisdiction that can hear almost any case. The second type of court is also established by congress and those courts are the magistrate court and bankruptcy courts.…
The pros of lifetime of judges in the Supreme Court are that they do not have to worry about the political pressure or to contribute with money for any political campaign. “The basic purpose of lifetime appointment is to assure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executive branch”. (laws, n.d.). In addition, there are judges in the Supreme Court that worries about make a fair system…
| Correct, "Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). Judges hold their seats until they resign, die, or are removed from office.…
When Justices are appointed, they take the oath to make decisions that are fair and according to the Constitution. The decisions justices take every day affect the lives of Americans in many ways. The Justices are given the heavy responsibility to interpret the law and Constitution. However, many times Justices get confused about the original intent of the law, and therefore interpret it different from what the legislators wrote back then. Since the legislators of the Constitution are not alive today, Justices have to try their best to make decisions according to the law.…
There is an argument wether President Obama should replace the justice in the election year or wait and let the next president choose.…
The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges, alter the organization of the federal court system, and amend the Constitution.…
The Supreme Court justices are appointed in the same manner as all Federal Constitutional Judges, by the President with the advise of the U.S. Senate for life terms without a reduction in pay. This is to assure judicial independence. The impact would be enormous if the Supreme Court justices had to be elected to office by the people. If they were elected by the people they would not make every decision fairly, they would not be in office for life and they wouldn't be as well respected.…
Just like the presidential cabinet, all justices are nominated by the president and approved by the Senate. When the president appoints a person to become a member of the judicial branch, they are in that position for the rest of their life unless…
This is important because while the judicial branch is supposed to uphold the law though judicial neutrality, they also play a big role in policy making. In Robert Dahl’s article, “Decision Making in a Democracy: The Supreme Court as a National Policy-Maker” back in 1957, he discussed this topic in-depth, explaining that, particularly the Supreme Court, has the ability to change legislation or influence Congress’s decision, even in the face of countering a Majority Rule. Brown v Board of Education’s unanimous 9-0 ruling in 1954 is a prime example of this where the judges, many of whom had been appointed by much more conservative Presidents changed public policy regarding segregation in the schools, but through and unanimous vote, also changed the ideology, at least temporarily, of some of the judges. Bernard Schwartz’s article “Chief Justice Earl Warren: Super Chief in Action.” Talks about how the judicial session came to an end before a formal vote was cast, and the vote was 5-4 in favor of desegregation but Chief Justice Vinson, was not ready to overturn Plessy v Ferguson. He died in between the two sessions and Justice Warren was able to talk the 3 remaining dissenters into changing their vote because of the nature of the legislation and his leadership in general. So while partisanship plays a big…
They are appointed by the president and gets to serve for life. People would want to chose who there own supreme court justices are. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. Finally they will have more wisdom and experience with being a judge because they are running for life. The judicial branch lays a major part of our national government, security and rights of our…
During their tenure, a Justice will be able to continue learning and understanding the law, so that in every situation they know what is constitutional and unconstitutional. Confucius once said, “Study the past if you would define the future.” The decisions of Supreme Court Justices have led to many new laws. However, those decisions are made by justices who have been doing that for a while. These Supreme Court Justices understand our past, the decisions, laws, and consequences, and know how to act upon that because of their prolonged tenure as justices. Under no circumstance does anybody just stop learning, so Justices will be ripe with knowledge until their time is done, they choose to step down, or are impeached. Therefore, Supreme Court Justices life tenure helps them understand and master their role in the Supreme…
Many justices are approaching an age at which they can retire, and the next justices elected to the supreme court will heavily influence the U.S. for years, possibly decades. The next justices will most likely be elected according to the next president's views. However, the president should elect justice who will be best for the country as a whole, not just according to their own views. The next president must be able to think about the entire nation when electing justices. They must show leadership by listening to others, and not just…
Judicial selection has become a very concerning topic past few years due to the nature of how warped our selection process of judges has become. Some of the process that select judges in America today are life time appointment twenty eight states use this style of voting. Where the Governor and Legislative together pick the judges who will serve . The advantages of this selection process is that only two people are in control of the decision. Yet the disadvantages of appointment is that it can become onesided with the Governor picking judges only from his political party and close associates.…