Essay On Judicial Selection

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Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate. There are a few ways that the President…show more content…
We enjoy our ability to exercise our rights in the voting booth. With that in mind, electing judges serves the will of the people and makes us feel as though we have a measured amount of control over the judicial system. This requires judicial candidates to expose their lives to public scrutiny and represent their voting pool. Conversely, appointed judges would have an easier time concealing truths about themselves that they would prefer the public not see. Favors among close circles of officials are likely easier to be traded in secret. They also have a higher expectation of privacy for themselves that comes from not bearing the weight of a campaign. Lastly, the downside of elections is the fear that judges would vote with reelection in mind instead of the law. The elevation to an almost celebrity status is a lot of pressure. There are many expectations and people to please, including campaign contributors. This may cause a judge to render a decision based on obligation instead of holding true to their beliefs. This pressure is not easily felt as intensely by appointed judges, especially those with lengthy terms. In considering the equity of the pros and cons it is my opinion that the existing system in place works best. Every system is flawed. However, in balancing those flaws with their benefits, America’s judge selection process is satisfactory. Having a mixed system helps to aid in checks and balances between the government and the voting power of the

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