2-1 Discussion Make Your Case
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School
Southern New Hampshire University *
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Course
207
Subject
Political Science
Date
Apr 3, 2024
Type
docx
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1
Uploaded by MasterRose10093
Terms Should Be Set
I believe that terms should be set. Federal judges should not serve a lifetime term. That just seems like an injustice in my opinion; not necessarily just for the federal judges, but also citizens
that are convicted. I completely agree with the statement in the memo from John G. Roberts, “Setting a term of, say, fifteen years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence” (Roberts, 1983). Though there could be some pros to having a federal judge serving lifetime appointments, there are also cons to take into consideration. According to an article, with serving lifetime appointments there is judicial independence, stability, and experience; the cons of serving lifetime appointments are a lack of accountability, political bias, and inflexibility (Unknown, 2023). With a failed attempt of impeachment in 1804 it “means that Supreme Court justices are not subject to direct accountability by the American people and can only be removed in exceptional circumstances” (Unknown, 2023). As said before, it just seems like an injustice to citizens in this case scenario where a federal judge SHOULD absolutely be impeached – but are not helped by the very justice system that is meant to protect us.
Another con would be political bias – the President, Senate and political considerations play roles in appointing Supreme Court justices and because of this, “this can result in justices who have strong political leanings, and this can color their legal interpretations” (Unknown, 2023). Lastly, inflexibility because if a judges can serve for a lengthy period of time and laws and/or legal interpretations significantly change periodically. Therefore, judges may not “tune in with these changes” (Unknown, 2023). This article states, “the lifetime appointment of Supreme Court Justices is an essential aspect of American law, meant to protect the Court’s independence and stability long-term. Despite these benefits, the system has its drawbacks, mainly related to accountability, political bias, and inflexibility” (Unknown, 2023). Though either side of this scenario can be viewed with valid argument, I truthfully believe that federal judges should not serve a lifetime term and I think that the process on appointing judges should be revised. References:
(2023, August 31). Purpose of Lifetime Appointment and Pros and Cons
. LAWS. https://constitution.laws.com/supreme-court-justices/purpose-of-lifetime-appointment-and-pros-
and-cons
Hemmens, C., Brody, D. C., & Spohn, C. (2020).
Criminal courts: A contemporary perspective, 4e
. Thousand Oaks, CA: SAGE Publications, Inc.
White House Memorandum. (1983, October 3). Retrieved from https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1110&context=historical
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