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Thread: Should the judicial branch be democratically elected?

  1. #11
    Renaissance Man
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    Re: Should the judicial branch be democratically elected?

    Quote Originally Posted by SocialDemocrat View Post
    Not if Justices only served one term. I support staggered terms, with a new Justice appointed every 4 years or so in order to prevent a single presidency's appointees from singularly controlling the judiciary through court packing.
    Okay, using your example, as there are Nine Justices, in order for only one to be appointed for each 4 year term you would have to stagger the appointments.

    1. How would you work that from a starting point needing all nine seated at any one time?

    2. If you could establish it somehow, then how do you prevent a two- term President from appointing a majority during his term in office?

    3. How would you deal with deaths before a term was completed?
    If I stop responding it doesn't mean I've conceded the point or agree with you. It only means I've made my point and I don't mind you having the last word. Please wait a few minutes before "quoting" me. I often correct errors for a minute or two after I post before the final product is ready.

  2. #12
    Educator SocialDemocrat's Avatar
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    Re: Should the judicial branch be democratically elected?

    Quote Originally Posted by Captain Adverse View Post
    Okay, using your example, as there are Nine Justices, in order for only one to be appointed for each 4 year term you would have to stagger the appointments.

    1. How would you work that from a starting point needing all nine seated at any one time?
    A timeline based on seniority, with the current justices being phased out in four year intervals.

    2. If you could establish it somehow, then how do you prevent a two- term President from appointing a majority during his term in office?
    A two term president would only have the opportunity to nominate two supreme court justices. This may change the overall balance of the court, but that's unavoidable and happens anyway with lifetime appointments.

    3. How would you deal with deaths before a term was completed?
    The successor to the deceased justice would be appointed by the incumbent presidency through the same process as other justices and only serve out the remainder of the term, in order to keep the cycle consistent.
    Social democrat is no longer an accurate description of my views.

  3. #13
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    Re: Should the judicial branch be democratically elected?

    Quote Originally Posted by SocialDemocrat View Post
    A timeline based on seniority, with the current justices being phased out in four year intervals.



    A two term president would only have the opportunity to nominate two supreme court justices. This may change the overall balance of the court, but that's unavoidable and happens anyway with lifetime appointments.



    The successor to the deceased justice would be appointed by the incumbent presidency through the same process as other justices and only serve out the remainder of the term, in order to keep the cycle consistent.
    Umm...your plan doesn't work mathematically. In order for each Justice to serve a single four year term before being replaced in time to maintain a nine member Court, you'd have to start with one Justice immediately, and then one at intervals of either every six months or every year later to get rid of the original nine. That means there will be an overlap at various points. A two term president could appoint at least 5 Justices during his period in office, and maybe more in the event of a death of a seated Justice.

    Life appointments work, and remain the best idea of the drafters for the Supreme Court to function as it should IMO.
    If I stop responding it doesn't mean I've conceded the point or agree with you. It only means I've made my point and I don't mind you having the last word. Please wait a few minutes before "quoting" me. I often correct errors for a minute or two after I post before the final product is ready.

  4. #14
    Black Is Smart
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    Re: Should the judicial branch be democratically elected?

    God no.
    Quote Originally Posted by RabidAlpaca View Post
    There's nothing republicans hate more than people being informed of their rights. The horror.

  5. #15
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    Re: Should the judicial branch be democratically elected?

    No freaking way!
    Life is short, ride a horse

  6. #16
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    Re: Should the judicial branch be democratically elected?

    Absolutely not.

    Electing Judges would push us farther towards a "Democracy" (Mob Rule) rather than a "Republic" that we are today.

    (Its funny how I have to keep reminding people that we have a republic form of government today)

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