The Judicial Branch of government is covered in Article III of the U.S. Constitution. Certain judges, such as Supreme Court Judstices, are given life terms in order to insulate them from the politics and influences of being elected.
The Founding Founders wanted the courts to be isolated from political influence, topical social trends (e.g., eugenics in the 1920's and 30's) and passing majority whims (e.g., Irish, Italians and African-Americans were less desirable elements not worthy of legal protections).
The Founders did not come up with a perfect system, but they knew what they didn't want - a judiciary beholding to popular elections, political influence and pressure, and passing societal fancies.
The Founders' problem was how to get around the politics of appointment. After much debate, the Founders concluded there isn't any way to fully remove politics and popular opinion from selection. All any system can do is try to mitigate the "damage" of those influences on judicial appointments.
After much debate, the Founders decided to subject justices to Senate confirmation as a check on blatant political pandering and influence. Lifetime tenure without the possibility of removal, except for a very limited number of circumstances, was also implemented. The Founders theory (and hope) was that once a justice was sworn in, the impossibility of dismissal by political forces (whether legislative or executive) would give the justices freedom to interpret the laws as intended, not according to societal fad, political threat or influence.
The system has generally worked as hoped by the Founders. They gambled on a theory and won. Political influence in justices hasn't been eliminated (Presidents tend to appoint justices that reflect their legal or political philosophies). But, there is ample evidence that any raw political influence and societal preconceptions in judicial decision-making in a newly appointed justice tends to wane over time.
it provided the framework for popular sovereignty
The US Constitution.State judges adhere to the laws and principles of their state's constitution, as well as most of the US Constitution, with the exception of amendments that have not yet been incorporated. Federal judges follow the US Constitution.For more information, see Related Questions, below.
The president of the United States has the constitutional authority to appoint all federal judges. This power is granted to the president under the advice and consent clause found in Article II of the US Constitution.
For federal judges, the answer is Congress. Federal judges can be impeached by the House of Representatives and tried by the Senate.
The Constitution of the United States establishes the Judicial Branch of government and provides that while the President nominates people to serve as judges, the Unites States Senate must consider those nominations and give the person its "Advice and Consent." This is called the confirmation process. This method of picking federal judges is part of the original Constitution, probably because the Founders were trying to isolate the Judiciary from as many political pressures as possible with these lifetime appointments where their compensation cannot be reduced during a Judges term of office.
it provided the framework for popular sovereignty
An example of how Hamilton's ideas were expressed in the Constitution is that federal judges were given lifetime terms.Federal judges were given lifetime terms.
The first federal judges (justices of the Supreme Court) were appointed as a result of the Judiciary Act of 1789. There were no federal judges in 1787; therefore, there were no checks and balances to worry about.
Judges are appointed by the President then confirmed by the Senate in accordance with Article II of the United States Constitution.
Federal judges were given lifetime terms
federal judges were given lifetime terms.
Judges are a necessary part of the process in applying and interpreting the Constitution. If Judges do not use and apply the rules laid down in the Constitution, it means nothing. to do that, a judge must determine how the constitution applies to the specific issues in the case being considered.
Federal judges are appointed for life. There are no terms for them. Terms for state judges are determined by the constitution of the specific state.
The US Constitution.State judges adhere to the laws and principles of their state's constitution, as well as most of the US Constitution, with the exception of amendments that have not yet been incorporated. Federal judges follow the US Constitution.For more information, see Related Questions, below.
The US Constitution.State judges adhere to the laws and principles of their state's constitution, as well as most of the US Constitution, with the exception of amendments that have not yet been incorporated. Federal judges follow the US Constitution.For more information, see Related Questions, below.
pardoning those convicted of crimes
What are federal judges appointed for?