Eleanor Finch
The Constitution separates federal judges from popular opinion by allowing them to serve lifelong terms. This insulates them from popular opinion as they do not have to worry about losing their jobs if their decisions are unpopular. The Constitution also grants the Supreme Court the power of judicial review, allowing it to declare a Legislative or Executive act in violation of the Constitution. This ensures that the changing views of the majority do not undermine the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law. The Supreme Court is the highest court in the land and plays a crucial role in ensuring that each branch of the government recognizes its power limits.
| Characteristics | Values |
|---|---|
| Judges serve during good behaviour | Lifetime tenure |
| Judges receive a fixed salary | Cannot be reduced while in office |
| Judges are appointed | Cannot be elected |
| Judges are appointed by the President | --- |
| Judges are confirmed by the Senate | --- |
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What You'll Learn
Federal judges are appointed, not elected
The Constitution separates federal judges from popular opinion by appointing them, rather than electing them. This is because elected judges may feel pressured to make politically popular decisions, or build political connections, to keep their jobs. This could result in them ruling in a way that does not follow the law.
The delegates to the Federal Convention, like many Americans, accepted certain values associated with the British judicial system. Since the late 17th century, the independence of judges in Great Britain had been secured through provisions for service "during good behaviour", which generally meant lifetime tenure. This was also adopted by some of the newly independent states, including Virginia, which was the first to establish the judiciary as one of three independent branches of government.
The delegates to the Constitutional Convention decided to remove the federal court system from popular influence. Federal justices were not to be elected but appointed, and once appointed and approved, they would serve a life term. This was to ensure that federal judges were independent and to secure a proper separation of powers.
The Constitution establishes the Supreme Court and permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It also has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution.
Like all federal judges, Supreme Court justices are appointed by the President and confirmed by the Senate.
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Federal judges serve life terms
The Constitution separates federal judges from popular opinion by allowing them to serve lifelong terms. This means that judges do not have to worry about losing their jobs if they make unpopular decisions, and they are therefore able to make impartial rulings. This system was designed to ensure the independence of the judiciary and to protect it from political influence.
The idea of federal judges serving life terms can be traced back to the British judicial system, where judges have been secured independence through provisions for service during "good behaviour", which generally meant lifetime tenure. The Framers of the Constitution looked to the British system as a model for creating an independent judiciary in the newly independent United States.
The Constitution, in Article III, Section I, establishes the Supreme Court as the highest court in the land and gives it the power of judicial review. This means that the Supreme Court can declare acts of Congress or the Executive Branch unconstitutional and protect the civil rights and liberties of citizens. The Supreme Court also plays a crucial role in maintaining the balance of power between the branches of government.
While federal judges are appointed by the President and confirmed by the Senate, they cannot be easily removed from office. This provides stability and continuity in the judiciary, allowing judges to make decisions based on the law rather than popular opinion. However, there are critics of lifetime tenure who argue that it can lead to judges staying in their positions longer than they should, potentially impacting their ability to perform their duties effectively due to age or being out of touch with modern times.
To address this concern, there is a provision for judges to take senior status when they reach a certain age and service milestone. For example, Article III judges can take senior status if they are at least 65 years old and have served for at least 15 years. This allows judges to handle a reduced caseload while still receiving their salary. Additionally, magistrate judges, who handle pretrial motions and hearings in civil and criminal cases, are appointed for a renewable term of eight years, providing some flexibility in the judiciary system.
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Federal judges' salaries cannot be reduced
The independence of the judiciary from the legislative and executive branches is a key principle of the US Constitution. The Constitution establishes the Supreme Court and permits Congress to decide how to organise it, as well as establish other federal courts. The Supreme Court is the highest court in the land and acts as a court of last resort for those seeking justice. It also plays a crucial role in ensuring that each branch of the government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The concept of fixed salaries for judges was first introduced in some of the newly independent states' constitutions in 1776, which served as models for the Federal Convention. The Virginia Plan, drafted by James Madison, proposed that judges of the Supreme Court and inferior courts would hold office during good behaviour, be appointed by Congress, and receive a fixed salary that could not be altered during their service. This proposal was influenced by the British judicial system, where judges had been granted independence through provisions for service during "good behaviour", which typically meant lifetime tenure.
Article III, Section 1 of the US Constitution, known as the Compensation Clause, states:
> "The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."
This clause ensures that federal judges' salaries cannot be reduced during their tenure. The reasoning behind this provision is to safeguard the independence of the judiciary by preventing potential domination or control by other branches of government. By guaranteeing judges a fixed salary that cannot be diminished, the Constitution protects judges from external influences that may impact their decision-making.
The interpretation and application of the Compensation Clause have been the subject of legal debates and court cases, such as Evans v. Gore and Miles v. Graham, which addressed the taxation of judges' salaries. The clause has been understood to be rooted in the Anglo-American tradition of an independent judiciary, where a judge's independence is seen as essential to impartial decision-making.
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Federal judges have no role in policy formation
The Constitution establishes the Supreme Court and permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and a lower federal court system. The Supreme Court is the highest court in the land and is separate from both the legislature (Congress) and the executive (the President).
The Supreme Court plays a crucial role in the constitutional system of government. It is the court of last resort and ensures that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The delegates to the Federal Convention shared certain values associated with the British judicial system, including the independence of judges. The Constitution ensures that federal judges have no role in policy formation. Nathaniel Gorham stated that "judges should not have a role in the formation of policy". Similarly, Caleb Strong of Massachusetts feared that judges' involvement in a council of revision would undermine their credibility when reviewing challenged laws. John Rutledge believed that judges should refrain from giving opinions on legislation until it becomes law.
The Code of Conduct for United States Judges provides ethical guidelines for federal judges, emphasising the importance of non-partisanship. It states that judges should not engage in any political activity or tolerate workplace harassment, abusive behaviour, or retaliation.
The selection process for federal judges also contributes to their separation from popular opinion. Federal judges are nominated by the President and confirmed by the Senate, serving life terms. This contrasts with state court judges, who are generally elected or appointed through various procedures.
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The Supreme Court is the highest court in the land
The Supreme Court is a court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognises the limits of its power. This power is not explicitly mentioned in the Constitution but was established in 1789 when the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in a particular matter. The Court held that an Act of Congress that is contrary to the Constitution could not stand.
The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. It ensures that popular majorities cannot pass laws that harm minorities or take undue advantage of them. The Court's decisions have a significant impact on society as a whole.
The Constitution attempted to separate federal judges from popular opinion by allowing them to serve lifelong terms. This meant that judges did not have to worry about losing their jobs due to unpopular decisions. This provision also ensured that judges were independent and did not have to shape their rulings to please powerful figures or popular opinion.
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Frequently asked questions
The Constitution separated federal judges from popular opinion by allowing them to serve lifelong terms. This means they do not have to worry about losing their jobs if their decisions are unpopular.
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognizes the limits of its power and protects civil rights and liberties.
Federal judges are appointed by the President and confirmed by the Senate. They are typically chosen from a pool of lawyers who have extensive experience in the legal field and are vetted by a selection panel.
The Supreme Court has original jurisdiction over certain cases, such as disputes between states and controversies involving the interpretation of the Constitution. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law.
