Although the judicial branch is one of the most powerful in the US, not everyone is in agreement with this fact. This is because according to Americans, persons elected by citizens run a country, but this is not the case since most members of the judicial branch such as federal justices and judges are because of appointment (American Government). This essay aims at relaying information touching upon judiciary’ s outright political involvement as well as whether its independence is indispensable. Are Judges Political? In my opinion, judges are political; this is evident in their numerous involvements on matters such as abortion, criminal rights and environmental protection whereby presidents have always dealt with certain types of judges.
According to Sunstein (3), the Supreme Court rarely reviews decisions made by lower courts, this is because according to the supreme courts, it is only their decisions that matter. Therefore, the court of appeal ends up playing a major role in not only settling disputes but also deterring the directions of law (Sunstein 3). It is due to this that votes from lower court nominees normally pay a major role in national debates. The debate on judges being political has been in existence for decades.
A number of polls held in the US portray judges as impartial and unfair when it comes to making rulings (Bybee 8). Thirteen surveys on public opinion conducted from 1989-2009 revealed that most people have no faith in the judicial branch. This is because according to the survey, whereas 70 percent of those interviewed claimed that politics was largely at work in the judiciary, 67 percent also stated that state judges were impartial (Bybee 8). Republican and Democrat AppointmentsAccording to Bar and Zussman (3), votes from judges are normally influenced by the president’ s party affiliation.
This is because, just like professors, judges also make decisions whereby they have no major direct stake though they materially affect others. Studies show that votes conducted by judges appointed by Republican presidents normally differ consistently with those of judges appointed by democrats’ presidents. Judge RankingsIn my opinion, judges who rank in the minority normally behave differently compared to their high-ranking counterparts holding top edges such as 2-1 or 3-0. This is because since low ranking judges do not have much power such as those granted to others, this makes them more loyal hence are rarely involved in political activities.
Whereas judges ranked as a minority have limited powers in their hands, high-ranking judges have more powers to the extent that apart from their ability to declare a federal law as unconstitutional, they are also capable of overruling them (American Government). It is clear from readings that nomination of judges who rank as minority normally takes long before presidential confirmation. Although the president takes the nominations, in most cases these judges rarely do they receive their confirmations (Asmussen 1).
Is judicial independence an indispensable element? In my opinion, judicial independence is an indispensable element. This is because by the judicial system is independent, judges are in a position to come up with decisions regarding freedom, rights and duties of not only natural but also legal persons in their jurisdictions (“ Legislationline” ). In the case of decision-making, judges ought to have freedom so that they are in a position to make impartial decisions in accordance with the law. ConclusionFor decades there have been numerous debates regarding the roles conducted by the judicial branch in the US.
According to many Americans, through surveys conducted, many American judges are not only political but also unfair in most of their rulings. Judges involvement is rife to the extent that their votes normally depend on the president’ s party affiliation. According to studies, there are normally consistent differences when it comes to votes conducted by republican and democrat judges. In my opinion, judges ought to be independent, this enables them to make proper decisions on matters regarding peoples’ rights and freedom.
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