Wednesday, March 11, 2020

Fathers of United States

The founding Fathers of United States devised the federal judiciary in a successful effort to separate balance the power of the government they tried to establish. They believed that the judiciary branch must be independent in order to achieve the balanced government. The founders ¡Ã‚ ¯ idea was success for the most parts, in theory as well as in practice. Yet over the years, a few unintelligent judges, through questionable rulings, have caused many Americans to begin to question the federal judiciary. It is ironic that the only not elected government body has the final say over the executive and legislative bodies that are elected by the people. I think reconstructing the judicial body is necessary and the good starting point would be to pass legislation reforming the federal judiciary, which should include term limits and elections of federal judges and justices. In current system, federal judges and justices are appointed by the President and confirmed by the United States Senate, as stated in the Constitution. (Federal Judiciary Homaepage) The appointment process works as a check on the judicial body by the executive and legislative bodies since the judges and justices owe their positions to the president and the senate. Even though this process looks rational, this appointment process has some negative side in it. Since the president and the senate appoint them, it is possible for them to behave or rule in favor of those who put them in the position. So the president or the senate could control the federal judiciary by appointing only the judges that share same political ideology. Also there were cases in which the federal courts ruled against popular consent of people and pass laws and legislatures to be implemented on unwilling public (Edwin). A democratic government should be able to represent popular consent of the people in pas! sing and implementing laws. In order to achieve true democracy, the Supreme Court justices shoul...