Malcolm Rivera
The United States Constitution is the nation's fundamental law, and federal courts are designed to ensure that the people's representatives act within the authority given to Congress under the Constitution. The Supreme Court plays a crucial role in the constitutional system of government, interpreting the Constitution and striking down laws that violate it. While judges are generally immune from lawsuits for their judicial acts, they are responsible to the people and can be impeached and removed from office if found to be corrupt or oppressive. However, the doctrine of qualified immunity has been criticized for shielding government officials from liability for violating constitutional rights. The independence of judges is essential, but they must also comply with the law and maintain public confidence in the judiciary.
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What You'll Learn
Judicial Immunity from Suit
Judicial immunity is a form of sovereign immunity that protects judges and other judiciary employees from liability resulting from their judicial actions. It ensures that judges are shielded from lawsuits by ordinary people, often litigants dissatisfied with the outcome of a case. Judges are generally immune from suits for damages, but they can be enjoined from enforcing a court rule. Judicial immunity is intended to preserve the impartiality of judges and prevent attacks on judicial officers as an alternative to appeals.
The exact history of judicial immunity at common law is debated, but it is believed to have developed gradually over time, with early origins in the preservation of judicial independence from political forces. The United States inherited a common-law heritage of judicial immunity from England, with the Supreme Court affirming that immunity of judges from liability for damages for acts committed within their judicial jurisdiction was well-established at common law.
Judicial immunity does not protect judges from suits stemming from administrative decisions made outside their judicial role, such as hiring and firing. Immunity typically applies to all judicial decisions where the judge has proper jurisdiction, even if the decision is made with "corrupt or malicious intent". Judges are not liable for civil actions for their judicial acts, even when those acts are in excess of their jurisdiction. However, they may be subject to liability if they act with clear absence of all jurisdiction over the subject matter.
In the United States, judicial immunity does not extend to criminal prosecutions, and judges can be prosecuted for violating constitutional rights under 18 U.S.C. § 242. Additionally, judges can be called to account by impeachment and removed from office if they are found to be corrupt, dishonest, partial, oppressive, or arbitrary.
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Qualified Immunity
The Supreme Court first justified qualified immunity in Pierson v. Ray (1967), arguing that it was necessary to protect government defendants from financial burdens when acting in good faith in legally murky areas. However, critics argue that qualified immunity has become a tool to let police brutality and government abuse go unpunished. For example, in August 2018, the United States Court of Appeals for the Fifth Circuit found that the Texas Medical Board was entitled to qualified immunity for an unconstitutional warrantless search of a doctor's patient records. Circuit Judge Don Willett called for a "thoughtful reappraisal" of the doctrine, arguing that courts tend to grant immunity without addressing whether a Constitutional violation has occurred.
While judges are generally immune from suits for damages, they can be impeached and removed from office if found to be "faithless, corrupt, dishonest, partial, oppressive, or arbitrary".
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The Supreme Court's role
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It plays a crucial role in the country's constitutional system of government.
The Court's power of judicial review is essential to ensuring that each branch of the government recognises the limits of its power. It can declare a legislative or executive act in violation of the Constitution and has the authority to strike down laws that are deemed unconstitutional. This power is not explicitly mentioned in the Constitution but is derived from the Judiciary Act of 1789, which gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law.
The Supreme Court also interprets the Constitution and any laws passed by Congress, ensuring that the Constitution is upheld as the supreme law of the land. This role is derived from the Federalist Papers, a series of essays published by Alexander Hamilton, James Madison, and John Jay over 200 years ago. Hamilton, in particular, noted that the federal courts were designed to be an "intermediate body between the people and their legislature", ensuring that the representatives acted within the authority granted to them by the Constitution.
The Court's decisions have far-reaching implications for society, impacting not just lawyers and judges but also the fundamental values of the nation. It protects civil rights and liberties and sets limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
While the Supreme Court is meant to uphold justice and accountability, it has been criticised for creating loopholes that shield government officials from liability for violating constitutional rights. The doctrine of qualified immunity, in particular, has been criticised for undermining constitutional rights and impeding justice.
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Independence of judges
The independence of judges is a fundamental principle of the American democratic system. It is based on the idea that judges should be able to make decisions without fear or favour, ensuring that their rulings are impartial and based on the law. This independence is protected by the Constitution, which establishes the Supreme Court as the highest court in the land and gives it the power of judicial review.
The Supreme Court's role in interpreting the Constitution is crucial. It can declare a Legislative or Executive act in violation of the Constitution, ensuring that each branch of government recognises the limits of its power. This power of judicial review is not explicitly mentioned in the Constitution but has been established through cases such as the Judiciary Act of 1789, where the Supreme Court noted that an Act of Congress contrary to the Constitution could not stand.
While judges are generally immune from suits for damages, they can be held accountable for their actions. Under common law, judges are "responsible to the people alone for the manner in which they perform their duties." If they are found to be faithless, corrupt, dishonest, partial, oppressive, or arbitrary, they can be impeached and removed from office. This accountability is further emphasised by the Code of Conduct for United States Judges, which outlines expectations for judicial behaviour, including refraining from harassment, abusive behaviour, and retaliation.
Despite these measures, critics argue that qualified immunity, a legal doctrine, shields government officials, including judges, from liability for constitutional violations. This doctrine has been criticised for creating a loophole that makes it difficult to hold officials personally accountable for wrongdoing. In some cases, qualified immunity has been invoked to protect officials even when federal judges have agreed that an individual's rights were violated.
In conclusion, the independence of judges is essential to maintaining public confidence in the judiciary and ensuring the rule of law. While judges are generally protected from interference, they can be held accountable for misconduct or disability that threatens the integrity of the judiciary or the safety of individuals. However, the existence of qualified immunity highlights the ongoing debate surrounding judicial accountability and the need for reform to ensure justice and accountability.
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Judges' responsibility
The responsibility of judges is a critical aspect of the American democratic system. Judges are tasked with interpreting and upholding the Constitution, ensuring that the laws passed by Congress align with its values and principles. This role, as outlined by Alexander Hamilton in The Federalist #78, positions the judiciary as an "intermediate body between the people and their legislature".
While judges are granted independence in their decision-making, they must also comply with the law and a Code of Conduct. This Code includes rules such as refraining from workplace harassment, abusive behaviour, and retaliation, as well as maintaining the integrity and independence of the judiciary. Judges are expected to act without fear or favour, ensuring public confidence in the impartiality of the judiciary.
In the United States, judges are generally immune from suits for damages, a principle known as judicial immunity. This immunity is not absolute, and judges can be held accountable through impeachment and removal from office if they are found to be faithless, corrupt, dishonest, partial, oppressive, or arbitrary in their duties.
Despite these measures, there are concerns about the effectiveness of accountability, particularly regarding qualified immunity. This doctrine shields government officials, including law enforcement, from being held personally liable for violating constitutional rights. In some cases, qualified immunity has been criticised for undermining constitutional rights, such as protection from unreasonable searches and seizures, cruel and unusual punishment, and racial discrimination.
To address these concerns, organisations like the ACLU are advocating for reforms to qualified immunity, aiming to ensure that victims of official misconduct can hold the government accountable and uphold the rule of law.
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Frequently asked questions
No, judges are not above the law. They are responsible to the people for the manner in which they perform their duties. If they are found to be faithless, corrupt, dishonest, partial, oppressive, or arbitrary, they may be impeached and removed from office.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also plays an important role in ensuring that each branch of government recognizes the limits of its power.
The Code of Conduct for United States Judges outlines the ethical standards that judges must adhere to. It includes rules such as acting without fear or favour, maintaining integrity and independence, refraining from harassment or abusive behaviour, and taking appropriate action to prevent harm and recurrence of misconduct.
