Question

How does the Constitution guarantee judicial independence? Do you think judges have enough independence? Too much?

Answer 1

The U.S. Constitution guarantees judicial independence through lifetime tenure for federal judges and the establishment of judicial review. The judiciary is organized into a dual court system with the Supreme Court at its apex. Opinion varies on lifetime tenure; supporters cite protection from political pressure, while critics argue it reduces accountability.

Step-by-step explanation:

The U.S. Constitution guarantees judicial independence through various provisions. Primarily, Article III establishes the judiciary as an independent branch of government. Furthermore, it supports judicial independence by granting federal judges and Supreme Court justices lifetime tenure, subject only to impeachment for serious misdeeds. This means that once appointed, they cannot be removed from office simply because their decisions are unpopular with the current administration or Congress.

Judicial review, a power established by the landmark case Marbury v. Madison, is another critical component of judicial independence. It allows the courts to interpret the constitutionality of legislative acts and executive actions. Some may argue that this gives the Supreme Court too much power, although the Founders intended for the judiciary to be the least powerful branch, serving as guardians of the Constitution.

The juidical branch is organized into a dual court system, comprising both federal and state courts. The federal system includes district courts, appellate courts (circuit courts), and the Supreme Court. The Supreme Court stands at the top of the federal judiciary and has ultimate jurisdiction over all federal matters, as well as some state matters that touch upon federal law or the Constitution.

Regarding whether judges have too much independence due to lifetime tenure, opinions vary. Supporters argue lifetime appointments prevent undue influence and allow judges to make decisions based on the law, rather than political pressure. Critics, however, contend that such tenure reduces accountability. The system of checks and balances, including the ability of the legislative branch to propose Constitutional amendments and the executive branch to appoint justices, provides some measure of balance to this independence.

Answer 2

Yes, constitution guarantee judicial independence.

Usually, the independece is enough.

The system could be better suited to reach better levels of justice, but would be exagerated to say that justice has 'too much' independence.

Step-by-step explanation:

The US constitution was inspired by the work of Jhon Locke, who was one of the first authors who proposed division of powers in the XVII century. The central idea is to avoid the concentration of power in one person or a single institution. In this case, the judges has plenty authority to investigate and judge anyone who commit a crime. Nor political or policial autorities has influence on judges, and this is guarantee by the constitution.

In some cases this principle is susceptible and that's why is necessary the intervention of supreme court, in some cases, when political forces, for example, try to violate these rules stablished by the constitution.