The Federal Judiciary
1. An Original response post: a thoughtful and concise short essay that addresses all parts of the discussion prompt. Original post must be made 48 hours prior to forum due date to allow for peers’ comments, a minimum 200 words excluding cited text is required. Please use your word processor to count the number of words and include that at the end of
Among the institutions of the federal government, only the federal judiciary is unelected. The Founders chose to institutionalize judicial independence by removing judges and Justices from the electoral process, understanding the judiciary's role in mitigating the negative effects of majority rule. But is it time for a change? Summarize the arguments for and against, then take a stand: which makes the most sense to you?
2. Response to a classmate where you critique another student’s post (minimum 100 words). This part must be in the form of a specific feedback that goes beyond general or vague comments. This is one of my classmate post, please respond to this post.
Discussion board 3
The issue of whether the federal judiciary should be changed from its current unelected status is a multifaceted debate. Those who argue for the status quo contend that the Founders deliberately established the judiciary as an independent and impartial branch, one that is free from the influence of politics and public opinion. This, they say, allows judges and justices to apply the law and interpret the Constitution without bias, protecting individual rights and the rule of law. They also suggest that making judges and justices elected officials would compromise their independence, exposing them to partisan pressures.
Those who advocate for change, however, argue that making the judiciary elected would hold them more accountable to the will of the people, thus reflecting the democratic principle of popular sovereignty. They also suggest that the current system of judicial appointments and lifetime tenure is based on political considerations and may result in a judiciary that is out of touch with the changing values and needs of society. Moreover, proponents argue that electing judges and justices would increase transparency and public engagement in the judicial selection process.
From my perspective, maintaining an independent judiciary that is free from partisan influences and guided by the rule of law makes the most sense. The Founders established the judiciary to serve as a check on the majority, protecting individual and minority rights against the will of the majority. An elected judiciary could compromise this important role by making judges susceptible to political pressures and reducing their impartiality. While the current system is not without its faults, it is crucial to preserve the integrity and independence of the federal judiciary as envisioned by the Founders. Any changes to the judiciary's status must be carefully considered to ensure that the balance of power established by the Constitution is maintained, and the rights of all individuals are protected.
resources:
Chapter 9 https://youtu(dot)be/Mlpy0QUtjrk
chapter 10 https://youtu(dot)be/XuNsU93-Nps
Chapter 11 https://youtu(dot)be/MDb5oAKU3IE
Chapter 12 https://youtu(dot)be/0obcQ_4-8lw
American Government and Politics
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Original Post
Whether to change the selection process of judges and justices cuts to the heart of American democracy. The United States Constitution provides for the appointment of federal judges. However, opponents of appointment believe that change should be introduced to include judges and justices in the electoral process. They have argued that electing judges promotes accountability of the judiciary. The judiciary is responsible for interpreting laws of human behavior. In performing this function, judges must be sensitive and responsive to the majority's social, political, economic, and ethical views. This accountability and responsiveness can only be guaranteed if the people or their representatives elect judges.
Nonetheless, critics have argued that allowing the public to elect judges encourages majority rule, compromising the judiciary's independence and the judges' neutrality. A compromised judiciary erodes public confidence in the justice system because the entire judicial process would be marred with politics if judges were included in the electoral process. As a result, judges would be forced to make rulings not based on law but on political circulations and the will of the voters. If the judiciary becomes beholden to the voters' will on several issues, then the law's stability and the judiciary's independence will be compromised. A judge must be governed by principles of law and the merits of the litigant’s case, not the political position of the litigant.
From an individual viewpoint, the best ...