reforming the federal judiciar

A detailed Summary of reforming the federal judiciar

The founding Fathers of United States devised the federal judiciary in a successful effort to separate balance the power of the government they tried to establish. They believed that the judiciary branch must be independent in order to achieve the balanced government. The founders¯ idea was success for the most parts, in theory as well as in practice. Yet over the years, a few unintelligent judges, through questionable rulings, have caused many Americans to begin to question the federal judiciary. It is ironic that the only not elected government body has the final say over the executive and legislative bodies that are elected by the people. I think reconstructing the judicial body is necessary and the good starting point would be to pass legislation reforming the federal judiciary, which should include term limits and elections of federal judges and justices.

In current system, federal judges and justices are appointed by the President and confirmed by the United States Senate, as stated in the Constitution. (Federal Judiciary Homaepage) The appointment process works as a check on the judicial body by the executive and legislative bodies since the judges and justices owe their positions to the president and the senate. Even th

Also the terms of the federal judgeship should be changed from the life tenure to limited term. Term limits cycle judges out faster than the life tenure, and getting rid of bad judges is much more important than retaining good ones. Also preventing the other government body from using the judiciary branch as long lasting political support. These changes should be considered and passed into a law to restore the constitutional protections for individual freedom and self-government that were designed carefully by the founding fathers of this country to protect and empower the American people.

ough this process looks rational, this appointment process has some negative side in it. Since the president and the senate appoint them, it is possible for them to behave or rule in favor of those who put them in the position. So the president or the senate could control the federal judiciary by appointing only the judges that share same political ideology. Also there were cases in which the federal courts ruled against popular consent of people and pass laws and legislatures to be implemented on unwilling public (Edwin). A democratic government should be able to represent popular consent of the people in passing and implementing laws. In order to achieve true democracy, the Supreme Court justices should be elected by the people, by the popular vote. Since the constitution itself was written for the people, people¯s view should be represented when it was interpreted for the pe

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Approximate Word count = 993
Approximate Pages = 4 (250 words per page double spaced)

Category: Politics