Preview

Lifetime Appointment

Satisfactory Essays
Open Document
Open Document
61 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Lifetime Appointment
Justices are appointed, not elected and may only be removed for bad behavior (which has happened in the distant past but these days, appointment to the Supreme Court is like a lifetime appointment). If the court upholds unconstitutional laws, there is no recourse available. We the People cannot simply vote them out to correct the situation. Thomas Jefferson wrote, in 1823:

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Law Marbury vs Maddison

    • 353 Words
    • 2 Pages

    Marbury v Madison 1803 Background information: -‐ -‐ I: R: Case founded the principle of judicial review, i.e. the capacity of the Supreme Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate, but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so, does the law grant remedy? 3. Does Supreme Court have the power to issue a writ of mandamus (i.e. impose the right)? 1 US constitution art 3, Judiciary…

    • 353 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The case Marbury v. Madison highlights the issue of an end of term appointee of President John Adams who didn’t ascend to the office upon the assumption of the presidency by Thomas Jefferson. Marbury sued the then secretary of state James Madison for failing to execute the commission. According to the Law, the supreme court has the authority of reviewing both executive and legislative orders. The court, however, has limited jurisdiction that is bounded by the Constitution and cannot be enlarged by the Congress.…

    • 810 Words
    • 4 Pages
    Good Essays
  • Good Essays

    As the Constitution was created, some topics were explained in great detail, yet some were explained very vaguely causing many disputes over how certain topics should be dealt with. In Article III, it states how the Judicial Branch works. It decides what the court bases their decisions on. In Article II of the U.S. Constitution it states how a justice must be replaced, who picks the new justice, which is the president, yet there is no time frame stated on how long it must take to pick a new justice. The president of the United States is to pick the new justice and the Senate confirms it. After a sudden death to Supreme Court justice Antonin Scalia, the decision must be made to pick a new justice now or to allow the new…

    • 285 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Appointing the men to be Justices of the Piece was with in Adams constitutional rights as president. John Marshall says “ The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then…

    • 524 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The Supreme Court’s power of judicial review should not be strictly limited by a constitutional amendment because the simple fact what if you do a judgment that they are not in the right of? If the judge is proved wrong then it will be appealed. For an example we the people shouldn’t be judged because what if one commits the same crime and does it intentionally such as killing someone and then someone does it to protect them and their family from harm if someone broke into their home and was coming at them and the only thing was to kill them to keep from getting their children or self harmed.…

    • 289 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. And also to protect our Supreme Judges from political pressure. But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime.…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    If necessary the legislative branch may remove someone of the judicial branch through impeachment. This only happened a few times, and has never once happened with a Supreme Court justice, but it does still show how much power the legislative branch has to have in order to balance against the powers of the judicial branch. The word and meaning of judiciary is also used to refer to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary, as well as the staffs who keep the system running…

    • 930 Words
    • 4 Pages
    Good Essays
  • Better Essays

    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.…

    • 1614 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    The Supreme Court justices and every decision they make are fully abiding to the law. If they were elected by the people into office, they would make decisions to please the people so they would stay in office. If they made a poor calling according to the…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    One of the major jobs for the federal judges is to protect the United States from the “tyranny of the majority”. Furthermore, even if the majority rules, the minority still has rights. Many components of the Bill of Rights, which the judges are called to enforce, are designed to protect the rights of the unpopular minorities. Being a Supreme Court judge is a difficult job, and even with life tenure, they are not completely immune from political pressure. They remain members of society; therefore it is difficult to allow things to happen even if they know it is morally wrong, but constitutionally…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    I think the Wyoming judicial selection procedure is less good when it comes to retention. I do think it is a good idea for the people to have a say in retention. However, as the data about Justice Voight proves, not many residents of Wyoming know who he is much less can evaluate the whether he has been doing a good job. I suspect the only reason he was voted for retention is people don’t like change.…

    • 197 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Political Partisanship

    • 1285 Words
    • 6 Pages

    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…

    • 1285 Words
    • 6 Pages
    Good Essays
  • Good Essays

    By making decisions regarding the interest of the society the courts assume responsibilities that belong exclusively to the legislative and executive branches of government. The Supreme Court justices may rule based on what is in their best interest while saying that they are deciding for the good of the society. Moreover, when the Supreme Court justices are appointed, not elected, they may not be the representatives of the public’s view. As a result, judges begin making policy decisions about social or political changes society should make and become “unelected legislators.” By freely interpreting the meaning of the Constitution, the communities’ confidence in the Supreme Court will be undermined. When judicial activism in the Supreme Court wields too much power, it can eventually destruct the essence of…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Supreme Court Models

    • 933 Words
    • 4 Pages

    Supreme Court justices have a serious job of determining if something is unconstitutional or not. As with any big decision, there is a precise manor in which the justices decide weather an act is unconstitutional. There are three models that’s the courts follow. The first is the legal model. The legal model states that the court can base their rulings off of the previous rulings of the lower courts. The positive of this model is that the Supreme Court justices have a good background on what went on in the previous court and they can use that in order to interpret the constitution. The negative of this model is that the justices don’t have a clean interpretation of what happened. They are basing all of their knowledge on the last judges ruling,…

    • 933 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Essay On Life Tenure

    • 510 Words
    • 3 Pages

    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…

    • 510 Words
    • 3 Pages
    Good Essays