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THE CASE FOR ELECTING FEDERAL JUDGES
The Constitution of the United States, Article III ^ | 1786 | Delegates to the Constitutional Convention

Posted on 03/26/2005 5:00:59 AM PST by Blake#1

Article III provides that Congress shall establish and regulate the Judicial System for the United States.

(Excerpt) Read more at house.gov ...


TOPICS: Government
KEYWORDS: judicate; legislate
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This post proposes that in as much as the Federal Judiciary has become a second Legislative Branch, that in the future all federal judges be required to stand for election in order to hold office and that Congress determine the territories of authority and length of term of office.
1 posted on 03/26/2005 5:01:01 AM PST by Blake#1
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To: Blake#1

I agree.


2 posted on 03/26/2005 5:04:48 AM PST by MisterRepublican (End Judicial Tyranny Now!)
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To: Blake#1

Nope.

We do need our judicial branch to remain the way it is in structure.

What we need is for our Legislative and Executive branches to grow some kohones and stand up to the judiciary.

There's a reason why the judiciary was not granted the power of law enforcement. Why the executive branch wasn't granted the power of legislating, and why the legislature was not granted the power to either enforce laws, or interpret them.

The separation of powers is important, and a life term appointed judiciary gives our government long term continuity between the appointments of past executives and present office holders in the other two branches.

The genius of the system is that it would take extraordinary circumstances to get all three branches to agree on extraordinary measures. The greater the rarity of such agreement between the three branches on extraordinary measures, the better off we are.

If we start electing judges, we run the risk of letting demagogues fill the seats, and I think there is a lot of wisdom in our current system that bears a need for patience.

We should resist the temptation to be like our more liberal brothers and sisters, and we should stop insisting on changing everything left and right that doesn't meet our needs to accomplish our goals. The changes we make to enable us, may just end up enabling our opponents in the long run, because conservatism doesn't lend itself very well to the demagoguery that is so popular with the general public.

So be careful what you wish for... you may not like what you get.


3 posted on 03/26/2005 5:11:39 AM PST by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Blake#1

First, Federal Judges including Supreme Court Judges should be elected by the people and their terms should be limited to a maximum of 2, 4 year terms. NO FED JUDGE SHOULD BE GIVEN A LIFETIME appointment. ALL Judges MUST be accountable to the people

Next, When is the Dept of Justice going to issue arrest warrants for the Federal Judges who violated the law passed by Congress on March 18th 2005 and signed by the President on March 19th 2005 AND When will Congress issue a CONTEMPT CITATION against Florida Judge Greer


4 posted on 03/26/2005 5:12:56 AM PST by Herbie (Herb)
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To: Blake#1

Yes let's make the supremes a gawd awful mess like we have in the lower courts. People don't even take the local Jucicial elections seriously . I want a litmus test on the issue of LIFE.


5 posted on 03/26/2005 5:19:07 AM PST by marty60
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To: Herbie
You'll be laughing out of the other side of your mouth once the Blue States elect judges that make 9th Circuit rulings pale by comparison!
6 posted on 03/26/2005 5:22:04 AM PST by Ukiapah Heep (Shoes for Industry!)
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To: Herbie
Poppycock. One of the most effective things that can be done is to have reconfirmation hearings on the Judges every two years. That is beyond the two terms of a President who might have appointed him or her. But it would give a chance to vote up or down on whether or not they have adhered to the Constitution. Even if we didn't have the votes to deny them reconfirmation it would shake them up...perhaps making them review their own decisions.
7 posted on 03/26/2005 5:45:31 AM PST by Lecie
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To: Lecie

Answering my own post,the two years should have been typed in as ten (10) years.


8 posted on 03/26/2005 5:47:15 AM PST by Lecie
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To: Lecie

Answering my own post. The two years should have been typed in a every ten (10) years.


9 posted on 03/26/2005 5:49:33 AM PST by Lecie
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To: Blake#1

We do not need any more politicians.


10 posted on 03/26/2005 5:51:18 AM PST by verity (The Liberal Media and the ACLU are America's Enemies)
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To: Blake#1

Supreme Court justices in Minnesota must stand for re-election (after they're first appointed by the governor) but they're not allowed to campaign nor do they affiliate themselves with a political party. The result is, people who don't pay attention to their decisions have no basis on which to vote for them and they end up being re-elected on name recognition only. Bad system especially when most of them are liberals and would just as soon stay below the radar screen in that regard.


11 posted on 03/26/2005 6:04:45 AM PST by MNnice
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To: Blake#1
"This post proposes that in as much as the Federal Judiciary has become a second Legislative Branch, that in the future all federal judges be required to stand for election in order to hold office and that Congress determine the territories of authority and length of term of office."

Not a good idea. Judges are elected in many states (including here in Washington state), and they are just as bad, if not WORSE, than the appointed ones.

The existing process of judicial appointments as laid out in the Constitution is the right one---Congress just needs to grow some cojones and exercise their Constitutional power to regulate the Courts.

12 posted on 03/26/2005 6:07:21 AM PST by Wonder Warthog (The Hog of Steel)
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To: Blake#1

This sounds like an excellent idea, but if the election of Federal Judges is like the election of state and local judges, then there would only be one candidate for each post anyway. The ABA and Fat Cat politicians see to it that there is no choice.


13 posted on 03/26/2005 6:29:12 AM PST by The Sons of Liberty ("Endowed by their Creator with certain unalienable rights; that among these are life,...")
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To: coconutt2000

"What we need is for our Legislative and Executive branches to grow some kohones and stand up to the judiciary." You said it right. These courts need to be brought into line and it needs to be done now. I have been calling my Senators over the last two months about this. I'm going to put it on paper and send them letters too. More of us need to do this. The Founding Fathers took the Rights and Freedoms that God gave us and put them in the Constitution and the Bill of Rights and they did an excellent job. These activist courts are the way the nazis and communists have infiltrated us after we beat them at war. Wake up America or Hitler and Stalin will be her and we will have to beat them again. Don't argue because I don't care and I will die before I succumb to Hitler and Stalin. God Bless America.


14 posted on 03/26/2005 6:30:35 AM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
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To: Blake#1

You do realize that Judge Greer was elected by his constituents? And, that he was re-elected in 2004?


15 posted on 03/26/2005 6:31:42 AM PST by sharkhawk (I really have to stop surfing at DU.)
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To: Blake#1

Electing judges instead of appointing them just opens a whole new can of worms-- campaign donations, etc. Then we have more politicians like our elected officials-- only they're judges. Ugh! We can never achieve perfection-- that's for heaven. We have to do the best we can. Now, lifetime appointments-- that's something we can change.


16 posted on 03/26/2005 6:37:38 AM PST by Clara Lou (Hillary Clinton: "We're going to take things away from you on behalf of the common good.")
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To: sharkhawk
You do realize that Judge Greer was elected by his constituents? And, that he was re-elected in 2004?
1) Oh, my! You've been thinking before posting. Haven't seen a whole lot of that lately.
2) All Floridians who voted for Greer are evil. /sarcasm
17 posted on 03/26/2005 6:40:23 AM PST by Clara Lou (Hillary Clinton: "We're going to take things away from you on behalf of the common good.")
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To: Blake#1
The United States Senate USED to be appointed by the state legislatures. Now it is elected.

Happy with what we have there?

18 posted on 03/26/2005 6:43:09 AM PST by drc43 (Happily posting red herrings till I know better.)
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To: Lecie

Good Idea, lot better than mine. The thing is, All Federal Judges MUST be hels accountable


19 posted on 03/26/2005 6:53:58 AM PST by Herbie (Herb)
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To: Herbie

What part of the asylum is this?
All this arm waving? All these helpful improvments? All these "mother's little helpers" with no apparent facts,education or relevant experience?
Thank you for all your kind advice.
Since you were so helpful in advising our administration on the Iraq War, we hope you will stick around to advise them on the "pacification" of Iran.
PS! The Easter Bunny has left you a present. It's named Hugo Chavez!


20 posted on 03/26/2005 8:16:43 AM PST by CBart95
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