Question

The Federalist Papers is a series of articles and essays written by Alexander Hamilton, James Madison, and John Jay in support of the United States Constitution, which had just been written. In the work, the authors discuss basic principles for constructing a good government and how they are applied in the Constitution. In this excerpt, the separation of powers among the three branches of government is discussed. Read this excerpt, and then answer the question(s).

(1) To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? . . .

(2) In order to lay a due foundation for that separate and distinct exercise of the different powers of government . . . it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another. Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear. Some difficulties, however, and some additional expense would attend the execution of it. Some deviations, therefore, from the principle must be admitted. In the constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle: first, because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that department, must soon destroy all sense of dependence on the authority conferring them.

What is one reason the author believes that appointments to the judicial branch should be treated differently from those in the legislative and executive branches?

Responses

Judicial appointments should not be dependent on the will of the people.
Judicial appointments should not be dependent on the will of the people.

Voters are unlikely to be familiar with candidates for judicial appointments.
Voters are unlikely to be familiar with candidates for judicial appointments.

Judicial appointments are less consequential than legislative and executive appointments.
Judicial appointments are less consequential than legislative and executive appointments.

The qualifications needed for judicial appointments differ from those of the other branches.
The qualifications needed for judicial appointments differ from those of the other branches.

Answer 1

Answer: The reason the author believes that appointments to the judicial branch should be treated differently from those in the legislative and executive branches is:

"The qualifications needed for judicial appointments differ from those of the other branches."

In the passage, the author argues that peculiar qualifications are essential for members of the judiciary, and therefore, the primary consideration should be to select a mode of choice that best secures these qualifications. Unlike the executive and legislative branches, where other factors might be considered in the selection process, the judiciary requires distinct qualifications that should take precedence in appointments.

Step-by-step explanation: