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The Current Federal System: Electing vs. Appointing Judges

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1. Explain how the present arrangement of appointing federal judges for life (subject to confirmation by the Senate) promotes judicial independence.
2. Then discuss the possible advantages of the direct election of federal judges.
3. Appointment or election? Which approach would you favor? Explain.

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Solution Summary

The expert examines current federal systems. Electing versus appointing judges are given. The approaches which are favored are discussed.

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Appointing judges based on the criteria and governing body approval process means, we hope, that the judiciary is independent when it approaches decision making because it is not "bought" by special interests or people. Nominations are submitted and vetted through a committee that is then turned over to the President. Through the staff and other information gathering groups, the pros and cons of nominees are considered. In turn, these make or break the consideration of each potential candidate for judgeship. This is process is usually an incrementally advancement process, with judges from each ...

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