Saturday, March 5, 2016

Judicial System;Judges.


In a democracy, no one person should wield so much power for so long. Article III of the Constitution provides that federal judges “shall hold their offices during good behavior.” [sic] In practice this language means they serve for life absent voluntary retirement or impeachment. Were we to draft the Constitution today, we would be wise to reconsider this provision.(by Jamal Greene).

 His reasoning for this seems to rest on two main points: one, he argues in some cases judges simply become too old to effectively render judgments in cases, something which requires a person to be at the peak of their mental faculties. Two, he argues that life-term appointments makes the selection process of judges too political. Federal judges are nominated by the President, but approved by the U.S. Senate. Over the last 20-25 years this process has become incredibly complicated due to the inability of opposed political parties to come to agreement (you might remember the Gallup piece from a few weeks ago which pointed to polling data which supports this). Republicans have recently pledged to block any consideration of a Supreme Court nominee for the Obama administration. In this case, Rep. leaders seem to have manufactured a rule saying that a President cannot appoint a Supreme Court judge in his last year in office (even though eleven judges have already been confirmed under those circumstances).

Greene argues that the example of other countries that have term limits or mandatory retirement ages might be a good example, and seems drawn to the idea of an 18-year term. 18 years is by most standards a long term in office, but many would still be opposed to limiting the terms of judges. With the recent death of Antonio Scalia, the question of term limits for judges has again been talked about, but, again, to alter this would require a constitutional amendment, since judges are allowed to serve "during good behavior."


I am absolutely agree with Jamal Greene's argument. In my opinion , this part of the Constitution should be modified or  at least revised,  because as technology changes justice need changes as well.In other words,society's demand and need changes over the years.Crime will always exist,however,life- term positions in the judicial system may lead to an obsolete view of justice.For example, ten years ago X crime may not be considered that serious , but now the same crime may be considered a felony. Indeed, as Mister Greene said" in democracy no one person should wield so much power for so long".Moreover, the fact that Federal judges are nominated by the president , and approved by the U.S senate,may affect the transparency of such selections as well as may be tied to the interest of a particular group.
On the other hand, by reducing the term , a new generation of lawyers and judges will raise.

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