31.5k views
0 votes
If judges did not act independently with life terms, why would this motivate mischievous factions?

1 Answer

6 votes

Final answer:

Judicial independence is undermined if judges do not have life terms, creating vulnerability to political pressures and incentivizing factions to manipulate court decisions for their own benefits. The intention behind life tenure for federal judges is to allow for impartial and fair legal judgments, not swayed by political influence.

Step-by-step explanation:

If judges did not act independently with life terms, this would likely motivate mischievous factions because of the loss of impartiality in the judiciary. Without life tenure, judges might feel pressured by political currents or powerful groups, resulting in decisions that favor these factions. This is because judges without secure terms could be influenced by the prospect of reappointment or retaliation by those in political power.

For example, in the case of the nomination of Brett Kavanaugh, we saw how intensely partisan a confirmation process can become. It highlighted just how easily political factions can attempt to influence judicial appointments for their own agendas. This scenario can undermine the principle of judicial independence, which is crucial for a fair and unbiased legal system that serves justice and the public good.

The framers of the U.S. Constitution established life tenure for federal judges to ensure they could operate independent of political pressures, thereby enabling them to make rulings based on the law and not political convenience. Therefore, the lack of judicial independence would go against the intention of providing equal justice under the law and maintaining a balance among the various powers of government.

User Jeremy Slade
by
7.9k points