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Judicial Placement Analysis

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“The judicial Power of the United States, shall be vested in one supreme Court…” is the opening sentence of Article III in the U.S. Constitution (Article III, Section 1). When America’s founding fathers constructed this guideline for the United States, it is quite certain they never expected the judicial branch of government to become what is has today: a political party nightmare. In the world today, the idea of being a Democrat or Republican influences everything you do; voting, who you are friends with, what news channel you watch, etc. Political parties have taken America over, and have now also taken over the Supreme Court. For the Senate, it is no longer about whether the nominee is fit for the position, it is about if they are a member …show more content…
This view of the Justice appointment process is one that could change the tone of American judicial politics. The idea of a Supreme Court Justice being elected for life solely based upon their political views is sickening to some Americans and, sadly, this is the strategy that the Senate has turned to. Due to this strategy, the Senate has allowed our court to sit with only eight Justices for a period of 422 days due to their opposition of President Obama (**Stolen Seat). While some may not see this as a problem, with only eight Justices there is the possibility for a tie to occur and leave many cases without a decision. If the American citizens were given the power to elect Justices, yes there would still be political bias, but a Justice would be chosen and not ignored or refused due to the opposition of the President who nominated them. Another reason that citizens should elect Justices to the Court, can be found in the backlash hypothesis as well. American citizens elect the President of the United States based on the political party that the candidate is affiliated with, which in turn results in the appointment of Supreme Court Justices to be politicized also (**Stolen Seat). The American people politically elect the President to run the government, but why should citizens be forced to settle with Supreme Court Justices who potentially could politically run their lives? In other words, the U.S. Supreme Court does not only hear cases about government affairs; the court also hears cases that deal with the lives of everyday Americans such as: abortion, civil rights, civil liberties, etc. (Morone, 449-450). The American people should not have to

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