Unelected Supreme Court Justices Essay

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Government officials serving in the Judiciary branch hold incredible power, not only due to judicial review, but also because they are insulated from the American people. Supreme Court Justices are unelected and hold lifelong terms in office. Officials that are appointed by the President or a party usually have that person or party’s interests in mind. This action is not democratic because it allows the Judicial Bench to be stacked with a singular party’s morals and beliefs. This phenomenon contradicts all aspects of democracy by giving indispensable powers to these officials for life, by taking away the people’s right to representation by election, and by allowing certain degrees of judicial activism. Unelected judges that make important …show more content…
It is unconstitutional for people to hold power for too long of a time period; the founding fathers decided on having presidential terms because they were rightfully fearful of the power wielded by King George, whom they had just defeated and were then able to declare themselves “free”. Federal judges during the 1700’s that held life tenures did not live as long as the Federal judges of today. According to Jamal Greene, a professor of law at Columbia Law School and a former clerk for Justice John Paul Stevens, “the average life expectancy of an American in 1787 was about 36, less than half what it is today”. Today, appointed justices have the ability and the power to influence policy for countless decades. If one is found to be unfit for the job, there is no plausible way to remove him because of incompetence alone. Besides the downfall of lifelong judges, there are a few understandable advantages; the benefits of having unelected justices are numbered, but very important. Because they are shielded from the politics and controversies of American government, they are less prone to corruption and are able to make decisions objectively in a case without worrying about reelection. The Judicial branch holds justices that have not been elected by the American public. It has justices that have been appointed by a few people to cultivate certain interests and expectations that fit into his or her agenda and not that

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