A question.

Bustem' Down · 05-17-2005, 02:21 AM

We elect our Representatives, we elect our Senators and we elect our President. So why is it that we don't elect members to the Judiciary Branch? Just curious, I'm sure there was a reason the founders didn't set it up that way.

SamSpade · 05-17-2005, 05:42 AM

Quote:

Originally Posted by Bustem' Down

We elect our Representatives, we elect our Senators and we elect our President. So why is it that we don't elect members to the Judiciary Branch? Just curious, I'm sure there was a reason the founders didn't set it up that way.

We didn't even elect Senators until 1913.

As near as I can tell, since the Judiciary was never intended to be representative of the people specifically, the intent of the Constition was that it was sufficient for the Chief Executive to appoint, and for Congress to approve, since the Supreme Court was intended to be a *weak* third part of the government.

However, in many jurisdictions, local judges ARE elected.

05-17-2005, 11:41 AM

Good question. Can you just imagine how ugly a Supreme Court Justice election would be?

FromTexas · 05-17-2005, 02:42 PM

Quote:

Originally Posted by SamSpade

We didn't even elect Senators until 1913.

As near as I can tell, since the Judiciary was never intended to be representative of the people specifically, the intent of the Constition was that it was sufficient for the Chief Executive to appoint, and for Congress to approve, since the Supreme Court was intended to be a *weak* third part of the government.

However, in many jurisdictions, local judges ARE elected.

Oh, I know this is true but every time I think about it--->

Bustem' Down · 05-17-2005, 04:25 PM

I just think it's funny that they are appointed by the other branches. Doesn't that seem like a conflict of intrest in the whole checks and balances system.

Spoiled · 05-17-2005, 05:04 PM

Quote:

Originally Posted by Bustem' Down

I just think it's funny that they are appointed by the other branches. Doesn't that seem like a conflict of intrest in the whole checks and balances system.

Senators and other REPRESENTATIVES change over time... Justices dont, therefor they are not always checking and balancing the same people who gave them power... In addition to that, if they make a decision that is unpopular (removing prayer from school, end segregation....) they dont get unseated... Their job is to do what they feel the constitution says, not please the people...

*dems4me* ^(Premo) · 05-17-2005, 06:13 PM

Quote:

Originally Posted by Spoiled

Senators and other REPRESENTATIVES change over time... Justices dont, therefor they are not always checking and balancing the same people who gave them power... In addition to that, if they make a decision that is unpopular (removing prayer from school, end segregation....) they dont get unseated... Their job is to do what they feel the constitution says, not please the people...

Well put.

Bustem' Down · 05-17-2005, 11:06 PM

Quote:

Originally Posted by Spoiled

Senators and other REPRESENTATIVES change over time... Justices dont, therefor they are not always checking and balancing the same people who gave them power... In addition to that, if they make a decision that is unpopular (removing prayer from school, end segregation....) they dont get unseated... Their job is to do what they feel the constitution says, not please the people...

Ok, that makes sense.

Triggerfish · 05-18-2005, 03:05 AM

Quote:

Originally Posted by Bustem' Down

we elect our President.

Not 100% true. You may be able to vote for the President but the electoral college makes the final decision.

Bustem' Down · 05-18-2005, 03:08 AM

Quote:

Originally Posted by Triggerfish

Not 100% true. You may be able to vote for the President but the electoral college makes the final decision.

Well, fine, if you want to get nit picky....

05-17-2005, 02:21 AM	#1 (permalink)
Bustem' Down Give Peas a Chance Member Since: Oct 2004 Location: San Diego, CA when not out at sea Posts: 7,336	A question. We elect our Representatives, we elect our Senators and we elect our President. So why is it that we don't elect members to the Judiciary Branch? Just curious, I'm sure there was a reason the founders didn't set it up that way. __________________ "I was taking drugs so much I was a f****r, The final straw came when I shot all our cats. We had about 17, and I went crazy and shot them all. My wife found me under the piano in a white suit, a shotgun in one hand and a knife in the other" --Ozzy Osbourne
	[ Reply w/Quote ]

05-17-2005, 11:41 AM	#3 (permalink)
Bruzilla Posts: n/a	Good question. Can you just imagine how ugly a Supreme Court Justice election would be?
	[ Reply w/Quote ]

05-17-2005, 04:25 PM	#5 (permalink)
Bustem' Down Give Peas a Chance Member Since: Oct 2004 Location: San Diego, CA when not out at sea Posts: 7,336	I just think it's funny that they are appointed by the other branches. Doesn't that seem like a conflict of intrest in the whole checks and balances system. __________________ "I was taking drugs so much I was a f****r, The final straw came when I shot all our cats. We had about 17, and I went crazy and shot them all. My wife found me under the piano in a white suit, a shotgun in one hand and a knife in the other" --Ozzy Osbourne
	[ Reply w/Quote ]

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