Premium Essay

Lifetime Tenure Of Judges

Submitted By
Words 1147
Pages 5
Appointment and Lifetime Tenure of Judges Diminish the Rights of the People
Since the United States Democracy was first established, legislators and constituents have asked the question, “Should judges be appointed or elected?” Many state legislatures have argued that judges should be elected by the people because they make decisions that directly affect the people. On the other hand, the United States Constitution states that all federal judges shall be appointed to the bench and have lifetime tenure so as to preserve judicial independence. Although this policy may sound admirable, this method frequently leads to allowing an unfair advantage in trying to manipulate the views of the Court and can also lead to unproductive judges.
Judges …show more content…
For example, the landmark case of Roe v. Wade allowed a woman the right to privacy over her body regarding abortion issues. This case has long been a hotly controversial subject in this country. There was much speculation that Roe v. Wade could be overturned if Presidential candidate Mitt Romney had been successful in his bid for the presidency over the incumbent, Barack Obama (Baker). Romney stated on several occasions during his campaign that he would like to see Roe v. Wade overturned. President Obama stated in 2012 that the Supreme Court had four solid conservatives, who were Republican nominees that would gladly overturn Roe v. Wade. There were also four solid liberals, and finally there was Justice Anthony Kennedy, who was usually the swing vote. Had Romney won the election, and had the opportunity to make an appointment during his Presidency, there was no question that he would have appointed a conservative Justice who would have sided with the other conservative justices to overturn Roe v. Wade (Baker). This kind of power just to impose the personal will and views of the President on the entire country seems corrupt and unbridled. A justice should be on the Court to fairly interpret the law rather than to impose the views of the President on the people. The point is …show more content…
The United States Constitution states that a judge is allowed to serve under “good behavior” but may be impeached if necessary. However, impeachment rarely happens. Even if a judge is convicted of a felony, there is no automatic removal clause. A situation currently in the news that is demonstrative of the difficulties of removal of judges is regarding District Court Judge Mark E. Fuller of the Middle District of Alabama (Blinder). Judge Fuller was arrested and charged with battery of his wife in August of this year. Despite the repeated requests of officials for his resignation, Fuller refuses to do so, and there is no clause that allows him to be removed (Blinder). It appears that impeachment would be the only option, and impeachment is a difficult process that generally only applies to dereliction of a duty of upholding an official office. Although assaulting a spouse is a crime, and is a bad thing, it falls short of the definition of dereliction of duty of a

Similar Documents

Premium Essay

Bowers V Hardwick Case

...It would be shameful for a judge to be retired at the age of 65 which is the prime of their lives. A life tenured judge serves as an extremely imperative purpose which is guarding judges from the partisan pressure that comes with sporadic culpability to a constituency. Federal judges do not have to be concerned with raising funds for election campaigns however, state judges do. Being a conscientious Supreme Court Judge is challenging under the greatest of conditions, and life time judges are not wholly insusceptible from partisan pressure. Because judges continue to be affiliated within their respective communities, they remain subject to all kinds of associated societal pressures. Supreme Court Judges do not have to be concerned about currying political courtesy so they have a fighting chance to deliver one of the magistrates most important roles. (Lazarus,...

Words: 1871 - Pages: 8

Premium Essay

Should Us Supreme Court Justices Continue to Be Appointed for Life?

...The issue of U.S. justices serving in the Supreme Court for life has been debated for years. While our forefathers who crafted the constitution had reasons for the lifetime service, Americans have had varying positions regarding the issue. This essay discusses the two sides of the lifetime tenure of American justices serving in the Supreme Court, seeking to gain ground on whether the term should be retained or amended. The U.S. President is constitutionally allowed to appoint justices to serve in the country’s Supreme Court. However, he or she does not do this independently, but seeks the assent and counsel of the Senate before the justices are appointed. From history, most presidents give preference to judges who appear to rhyme with them in terms of ideological views. However, this does not rule out the fact that serving justices may have opposing opinions to those shared by the president. Importantly, there are no qualifications for justices defined by the constitution, leaving room for the president to make his appointments, which are confirmed by the Senate (Patterson, 2010). Nevertheless, the confirmation process has always drawn significant attention, with lobby groups pushing for the rejection of some candidates with questionable track records. In rare cases, the president is allowed to withdraw the names of some candidates, especially when he is convinced beyond reasonable doubt that the names are likely to be rejected by the Senate. In recent years, the approval...

Words: 1572 - Pages: 7

Premium Essay

Evaluate the Claim That the U.S Supreme Court Is an Imperial Judiciary

...Evaluate the claim that the U.S Supreme Court is an Imperial Judiciary The Founding Fathers established the Federal Supreme Court in Article III of the Constitution as the ultimate judicial power, claiming “The judicial Power of the United States, shall be vested in one supreme Court”. Despite being put into power in 1789, The debate still exists as to how powerful the Supreme Court truly is, some say it is an imperial power with too much influence over U.S Politics, whilst others argue against this claim stating the Supreme Court is imperilled in many respects. The two main claims that the Supreme Court is still powerful lies in their power of Judicial Review and the fact they have a security of tenure, meaning they cannot be fired and are not subject to elections like other government officials, meaning they can act as they wish and with great freedom. Justices are not completely free to exercise power as they wish, they are of course bound by the constitution (subject to interpretation) and have a responsibility to interpret it correctly. Furthermore, they can be subject to impeachment by the Senate if they act in a manner not fitting that of the highest lawmakers in the land. The United States government is made up of 3 supposedly co-equal branches of Government, a system of checks and balances designed to make the perfect democratic system. However, with the surge of partisanship on the hill coupled with a progressive Executive branch addressing some of Americas most...

Words: 1830 - Pages: 8

Free Essay

Business Law

... power to provide for punishment for counterfeiting, power to establish post offices and roads. There are only a few qualifications that one must meet to run for congress. They are: must be at least 25 years old and must have been a US citizen for at least 7 years. There is no limit on the number of terms one can serve in the house of representatives and by contract the senate members can only serve six terms. It is said that roughly 1/3 of the senate stand for reelection every two years. The duties and responsibilities do differ among the two divisions of congress. The senate has to give its approval if many of the appointment, by the president. This approval includes but is not limited to the appointment of cabinet officers, federal judges, department secretaries and US military and naval officers. Congress powers are limited to the enumerated powers on the specific right, given to it by the Constitution of the United States. Congress also has the power to impeach the president of the United States. Even though congress as a whole can impeach the president, both divisions have a different role in this process. Within congress there are congressional committee created to draft legislation and conduct congressional investigations. Each division has the power to name special/ select committee for the purpose to study specific problems....

Words: 2474 - Pages: 10

Premium Essay

Sample Apa Guide

...Running head: GENERATIONS IN THE WORKFORCE 1 Generations in the Workforce John Johnson and Jack Smith Liberty University GENERATIONS IN THE WORKFORCE Abstract Single paragraph, double-spaced, not indented, and between 150 and 250 words. Keywords: employee attitudes, personnel management, age factors 2 GENERATIONS IN THE WORKFORCE Generations in the Workforce 3 Researchers have tried to categorize employees into contemporary work cohorts based on the eras in which they started working (Robbins & Judge, 2009, p. 119). Robbins and Judge (2009) observed that since the average age to enter the workforce is between 18 and 23, the cohorts are loosely based on the chronological age of their demographic and ostensibly reflect the dominant values and job attitudes of their representative generations (p.119). This paper is a systematic discussion of three topics related to contemporary work cohorts: (a) the reality and specifics of the management issues associated with having a multigenerational employee base, (b) the profiles of each of the four generations that compose the workforce today, and (c) advice for company leadership on turning the diverse perspectives of a cross-generational workforce from challenge into advantage. The Significance of the Generational Gap at the Workplace The fact that the phrase “generational gap” is part of everyday vocabulary, suggest that the phrase denotes something real, which makes the theory appear prima facie true. Furthermore...

Words: 3111 - Pages: 13

Premium Essay

Ap World History Flvs Thematic Essay

...by the people through an election process. 3.Based on your answer in number two, which branch would this not work for? Why? This would not work in the judicial branch because they need special qualifications and the president appoints judges to serve in the supreme court. 4.Even though judges are appointed, what renders them independent of the other branches? Lifetime appointments render the judges even though they are appointed. 5.Which of the following statements would Madison agree with based on his views in the above excerpt? A) The government is necessary. B) The people should elect government leaders who act like angels. C) Elected government officials should be controlled by a system of "checks and balances." Answer: C 6.What would you say was Madison's general opinion of people in government ; Angels? Devils? Something else? Madison would consider people as angels and devils because people do great things but sometimes make bad decisions. 7.Find and describe five examples of "checks and balances" in the Constitution. * Only Congress can declare war, but the president is the commander-in-chief of the army and navy. * Congress can override a presidential veto by 2/3 vote in each house. * Senate approves appointments of judges. * The court can declare presidential acts unconstitutionally. * The supreme court can overrule state laws. Federalist Paper 72 1.What argument does Hamilton give against limiting the number of times a person may be elected president...

Words: 1646 - Pages: 7

Premium Essay

Strategic Leadership by Executives

...Strategic Leadership by Executives Leadership Management, SS 2012, Group 1121 DO2, Master of Finance 2011 0 Table of content Table of content ...........................................................................................................1
 Introduction ..................................................................................................................2
 Framework for the Influence of Leaders ......................................................................2
 Hard Facts on the Success of Executives....................................................................3
 Evolutionary change and strategic leadership .............................................................4
 Executive Tenure and strategic Leadership.................................................................6
 Competing values ........................................................................................................7
 Executive Teams..........................................................................................................8
 Monitoring the Environment .........................................................................................9
 Formulating and executing strategy ...........................................................................10
 Conclusion .................................................................................................................12
 1 Introduction The following assignment with the title...

Words: 5785 - Pages: 24

Free Essay

Judicial Politics and Behavior

...Judicial Politics And Behavior YourFirstName YourLastName University title Q.1 Firing or sacking is an informal word for dismissal which is termination of employment by employer against the employees will. Firing is a common term particularly in US and it is also known as as sacked, boned, axed, canned or given walking papers. Being fired as oppesed to qutting the job voluntarily (being laid off), is perceived being the employee’s fault thus considered a sign of failure and disgraceful. Since finding a new or another job is is difficult after firing and especially if the employee had not held the job or the position for a long period (Hugh, 2005). Mostly probationary employees are dismissed when an employer finds better equiped, skilled and experienced employees than the incumbent even though the employee has ot broken either of the rules. Many times firing is viewed as employees are very negative and m ostly with gross misconduct which is a serious action. Firing is done on basis of poor work performance, off job- site conduct, attendance problem and problematic conduct. Attendance problems are employees not turning up for work, tardiness or frequent absenteeism. Work performance problems leads to termination even when one has good attendance at a job. If the employees perfoormance does not satisfy the employers standards, the employee is finally fired. It can be on the basis of incompetence, neglect of maintenance, refusal to perform duties, negligence or...

Words: 2400 - Pages: 10

Premium Essay

Jcp Information

...J. C. Penney operates department stores in the United States and Puerto Rico. It sells family apparel and footwear, accessories, fine and fashion jewelry, beauty products, and home furnishings. The Plano, TX-based company also provides various services, such as styling salons, optical, portrait photography, and custom decorating. The company offers various products and services online via its website, a platform that has been the nursery for industry giants like Amazon (AMZN) and eBay (EBAY). Its direct rivals include Kohl's (KSS) and Macy's (M), among others. J.C Penney's most recent quarter results least impressive among peers The company announced December quarter results on Wednesday, February 27, an event that sent the company's shares down the charts at Wall Street. The company's sales and revenues declined shamefully by huge margins. Revenues were down 25 percent for the quarter while Internet sales dipped 34 percent. On the other hand, Macy's online business soared 48 percent and looks set to take over what J.C Penney leaves behind. Last year, J.C Penney sent home 19,000 staff, and recently trimmed its workforce by 2,200 employees as it sought to cut fixed costs following a tough campaign. Customers are losing trust in the Texas-based company despite the massive experience garnered over the years. The company did not impress in terms of market share, with fewer than 17 percent approaching the retailer's stores. Contrary to J.C Penney, Macy's Q4 results tramped analyst...

Words: 2961 - Pages: 12

Free Essay

Human Resource Management

...“What are the factors at play in determining the pay and conditions of London train drivers, top company executives and investment bankers, and how large differences in pay have impact on employee morale and employee relations.” The study is divided into two parts based on the following issues: (1) What are the factors at play which determine the pay and conditions of    London underground train drivers Top company executives Investment Bankers (2) To what extent may large differences in pay within an organisation impact upon employee morale and employee relations? If so what can be done to address the issue? 1.Introduction: From our basic knowledge, we know that for a job, there are different factors that help in determining the salaries and bonuses of an employee, job criteria and other work related issues. Similarly, to determine the pay and conditions of the London underground train driver, top company executive and investment bankers, there would be pay determining components/factors. However, since the above mentioned three jobs are different and unique, there pay determining factors too would be different. For the purpose of the study, Dunlop model has been considered. Now we will be having a close look at each of these pay determining factors one by one: 1/13 | P a g e Inputs Transformation Outputs Actors (Employers, Employees, State) Contexts (Technological, Market, Power) Ideology      Bargaining Conciliation Arbitration Legislation...

Words: 3817 - Pages: 16

Premium Essay

Dramatic Irony of Wisdom

...THE DRAMATIC IRONY OF SOLOMON’S REQUEST FOR WISDOM INTRODUCTION King Solomon was a scholar and intellectual who knew the importance of discernment and wisdom in governing the people of Israel. He knew that it was important enough to ask God to grant him this wisdom rather than health, wealth or prosperity. The granted wisdom would ultimately lead to his downfall from God’s grace. Solomon, born to David at the height of his reign, never knew simplicity, David had erred once in fidelity, resulting in marriage to Solomon’s mother; Solomon erred many times over by marrying hundreds of pagan wives. Any service Solomon did perform for his people was more self-centered than other-centered. Living a lifestyle so far outside of God’s protective ideals resulted in a growing love for self, rather than for God. Solomon differed greatly from David, even early on, in his seeming lack of the passionate love for God that David possessed. His choices did nothing to kindle a growing love for the God he honored (Foster, 2005, 492). This paper will discuss how Solomon’s request for wisdom is an example of dramatic irony on the part of the Kings historian. This will be accomplished by defining what dramatic irony is and then examining Solomon’s character and the early years of his reign as king of Israel. The wisdom that he requested led to choices that he made in his personal and professional life that ultimately...

Words: 2971 - Pages: 12

Free Essay

Tax on Budget 2013

...PRE-BUDGET REVIEW: AUTUMN STATEMENT 2012 1101 4457 Contents Page 1.0 Introduction 2.0 Three Key Issues 3.0 Key Issue Proposed 4.0 Conclusion 5.0 References 6.0 Bibliography Introduction The purpose of the pre budget review is to draw the attention of investors to the proposed changes to be made to the economy and also be able to make necessary arrangement to adapt to the policy. The 2012 pre budget proposed by the Chancellor is based on three key issues; the Personal Allowance Increase, which is meant for the aging population, an issue which has always been addressed from previous budgets. The purpose of the increase in Annual Investment Allowance is to support small and medium firms to boost production from £25,000 - £250,000 for just a short period of two years. Lastly, the pension savings allowance decrease, which the government aims to use for reducing its budget deficit by a quarter of a million pounds that would be of benefit on the long run. These subjects shall be addressed in details on how it would have an effect on the government, employees, employers, corporations, and pensioners because this change would either affect them positively or negatively. This change would be of benefit to the pension scheme on long terms basis based on the fairness of tax treatment for the basic taxpayers who would benefit £170 while the higher rate tax payers by £42.50, giving an estimate of 23.6 million taxpayers gaining from the reductions...

Words: 4644 - Pages: 19

Premium Essay

Standing Up Against Whitey – Unpacking Today’s Racism

...First, we must understand the background of the author. I am a thirty-something white married male with two children. I was born in Florida, raised around the rural outskirts of the St. Louis area, moved to the “Big City” (inner-city) when newly married, and then fled to farm country when the inner-city crime became too much to bare to raise a family. When in the educational system, I wasn’t completely isolated from racial concerns. There was a black family with kids in grade school and a couple of black kids in high school. We thought we were high society, progressive “color-blind” people, though I can’t remember ever going to their houses, or seeing them outside of school, or even hanging out with them in school. My parents were not always the first to step up and claim “ain’t racist” but they would when pressed. They enjoyed a good joke or two or twenty and stereotypes a-plenty. It was when I went to college straight out of high school, and let a racist slang term slip amongst a group of my multicultural friends that I realized how much my parents tainted my worldview. That was my first realization and my first step towards being anti-racist. The purpose of this reflective paper is to examine what confrontations are experienced in recognizing institutionalized racism and white privilege. In order to understand today’s institutional racism, we must define. That is a difficult task and we were unable to fully define it amongst a group of my peers and that I turn to an authority...

Words: 2276 - Pages: 10

Free Essay

A Culture Briefing of Japan

...Japan’s political system is somewhat similar to the United States, with three branches of government, Executive, Judicial and Legislative. Japan’s capital city of Tokyo has the largest economy in the world and the second largest in automobile manufacturing. Japan is well known for its export, import and manufacturing industry. Japan host several languages, Japanese, Korean and Okinawan. Japan is rich in tradition emphasizing harmonious relationships with others. Japanese culture is very group oriented and people prefer and it is customary to work in teams/groups. Japanese are very accommodating people and usually keep their opinion of others to themselves to avoid offending Japanese employees traditionally stay with an employer for a lifetime. Changing jobs is viewed as a lack of loyalty to an organization and is frowned upon by a different company when seeking a new opportunity. A Culture Briefing of Japan Location Japan is located off the eastern edge of the Asian continent, within an island chain between the North Pacific Ocean and the Sea of Japan and east of the Korean Peninsula. The islands include Bonin Island, Daito-Shoto, Mina Mi-Jima, Okino-tori-shima, Ryukyu Island and Volcano Island. The four main islands of Japan are Hokkaido, Honshu, Shikoku...

Words: 2431 - Pages: 10

Free Essay

Criminal Justice

...com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the defendant will be notified of the date of their preliminary hearing in the summons. Preliminary Arraignment If a warrant of arrest is issued by the MDJ, or if the process was initiated by a warrantless arrest, the defendant must appear before the MDJ for a preliminary arraignment. The defendant will be provided with a copy of the...

Words: 10970 - Pages: 44