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In Federalist 78, what is the main provision in the Constitution that outlines how long a judge is allowed to maintain his position after being appointed?

a) 4 years
b) 8 years
c) Life tenure
d) Until retirement

1 Answer

5 votes

Final answer:

Federalist 78 discusses the judiciary branch and specifies that federal judges hold their offices for life under the principle of 'good Behavior' according to Article III of the Constitution, to ensure an independent judiciary.The correct answer is option C.

Step-by-step explanation:

Main Provision for Judges' Tenure in the Constitution

In Federalist 78, Alexander Hamilton discusses the judiciary branch of the government.

The main provision in the Constitution that outlines how long a judge can maintain his position after being appointed is found in Article III, stating that federal judges "shall hold their offices during good Behavior," which is interpreted to mean they have life tenure.

This is to ensure an independent judiciary, free from undue political influence. So the correct answer to the student's question is c) Life tenure.

Independent Judiciary and Life Tenure

An independent judiciary is crucial for a functioning democratic system, as it ensures that judges can make decisions based on the law and not on political pressures.

Life tenure supports this independence, but it also raises concerns. One positive aspect of lifetime terms is that it allows judges to decide cases without fear of repercussions, ensuring decisions are based on legal principles.

However, a negative aspect is the potential for judges to be less responsive to changes in society or to serve well past their prime.

The framers of the Constitution likely chose life terms to insulate the judiciary from the tumultuous nature of politics, as elucidated during the partisanship experienced in the confirmation processes such as that of Brett Kavanaugh to the Supreme Court.

In summary, the Constitution allows federal judges and justices to hold their positions for life under the provision of good Behavior to maintain judicial independence.

Legal decisions are meant to be insulated from political pressures, ensuring that justice is administered impartially.The correct answer is option C.

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