Reforming the federal judiciary
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 tho
Because of the life tenure of justices and judges, the presidents see their federal judiciary appointments as the one sure way to establish their political views after they have left the office. By setting the term limits, the presidents would not be able to abuse the federal judgeship to implement their political views, and the court's view would assimilate the society's view better and quicker. This will also create more chances for younger and more talented people thus make them work harder to get the positions. It is the people and not the judges who are entitled to say what the Constitution means, for the Constitution is theirs, it belongs to them and not to their servants in office. I think term limit should be considered for the federal judges and justices. Shorter (about 4~5 years) terms for the federal judges and longer term (about 8~ 10 years) should be given. Yet, since the society changes so fast, the court must change and adjust accordingly. Since the judicial body that works effectively and fairly is the backbone of the national economic and social development, some changes should be made so that the judicial branch can operate in people's interest rather than the president or the senate who select the judges and justices. It is very rare to overturn a decision once determined by the courts. ± (Buchanan)Also the terms of the federal judgeship should be changed from the life tenure to limited term. The term limits for judges might result in inconsistency in ruling and the lame duck effect towards the end of their terms. Since the constitution itself was written for the people, people's view should be represented when it was interpreted for the people. Under current system, federal judges and justices hold their position for life once appointed unless they resign, retire voluntarily, or die. Also the life tenure of judgeship makes it hard for the federal courts to adjust to the fast-changing society. 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.
Common topics in this essay:
Supreme Court,
Teddy Roosevelt,
Fathers United,
Judiciary Homaepage,
judges justices,
federal judges,
federal judiciary,
federal judges justices,
life tenure,
term limits,
president senate,
United Senate,
supreme court justices,
supreme court,
judicial body,
court justices,
,
current system,
system federal judges,
current system federal,
executive legislative bodies,
|
Acceptance Essays
