Question

In: Economics

is the current, highly-political, method for selecting and seating justices on the United States Supreme Court...

is the current, highly-political, method for selecting and seating justices on the United States Supreme Court the most effective way to staff the federal judiciary? Or, on the other hand, should we (as a society) look for a less-political way to go about this process? If we selected another method, what would that look like? In other words, how do you think this process could work better?

Solutions

Expert Solution

The US Constitution provides broad parameters for the judicial nomination process of the justices in the supreme court. it gives the responsibiity for nominating federal judges and justices to the president.it also requires nominations to be confirmed by the Senate.Federal Judges and Supreme Court Justices serve for life, a president's nomination decisions are in many ways his or her most important legacy.Many of these appointments will serve long after a President's term of office ends.These choices can have an impact on the coming generations.Each justice has lifetime tenure,meaning they remain on the Court until they resign,retire,die or removed from office.The Constitution sets no qualifications for service as a justice,and the Senate may not set any qualifications or otherwise limit the president. This itself proves that the method of selection is quite inefficient.As always the federalist society takes no particular legal or public policy positions.All opinions are by the speakers.

This conversation is uniquely American.No other major democracy grants judges life time tenure.The advantage is that it ensures judges are secure in their jobs and beholden to neither branch's whims.But the Pros are that Justices who get appointed by the Democratic Presidents in the US often receives critics as being too liberal in their process of interpreting the law.Researches shows that the elected Judges are not automatically qualified than their rivals.But intsead the elected judges are the ones who have funds for campaings.

In this scenario,we should look for a less political method for the selection of best Justices for a transparent judiciary.Merit selection is the best way of selecting Supreme Court Justices.This method ensures that individuals with the best credentials are favored instead of the use of influence such as money or power in the process of selection.In a perfect world for a position as important to the community and society as Judges in all levels,the selection of the Judges should be based on merit.


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