Sunday, October 30, 2011

Federalist #78

"In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out."
In my opinion this is important because they are tell the reader that due to the lack of this branck the Confederation was weak.
"According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior..."
This is an interesting quote because it makes you wonder if judges can be removed of office today if they were doing something that is not classified as good behavior. 
 "The experience of Great Britain affords an illustrious comment on the excellence of the institution."
This is an interesting quote because it has the founding fathers commenting on their former enemies way of deciding the law has to be improved upon.
"But it is not with a view to infractions of the Constitution only, that the independence of the judges may be an essential safeguard against the effects of occasional ill humors in the society."
This is important because they are stating that the independence of the judges is a way the public can be protected against any government that may encroach on their rights.
 "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. "
This is stating the judges' calls have to maintain justice and must not go on the bases of they want. 

Questions:
How long would a judge have to be in office for him to shed any party affiliation and if one does not and it reflects in their decisions should they be removed?
Who judges the justices' behavior and who defines whether it's good or not?
Will this branch alone create a better government than the Articles of Confederation?
Is it good to put a lot of independence in one branch that also is check against the other two?
Should there be an agency created to check the judges and make sure they base their decisions on judgement and not will?

1 comment:

  1. "According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior..."

    "This is an interesting quote because it makes you wonder if judges can be removed of office today if they were doing something that is not classified as good behavior."

    See if this sheds any light. It appears to me that impeachment is the only method to remove. And impeachment of judges is rare.

    http://legalaffairs.org/webexclusive/debateclub_goodbehavior1205.msp

    Let me know what you found.

    ReplyDelete