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The influence of broadcast media in elections
The influence of broadcast media in elections
The influence of broadcast media in elections
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Leaving out party affiliation and discouraging partisan campaigning will consequent a reduction in judicial corruption, partisan decision-making, and taking the sides of the wealthy that assure that the judges remain on the bench. A non-partisan election means that a candidate will not be listed with party affiliation. (1) This type of election allows for the top two candidates regardless of party affiliation to advance, instead of attempting to advance one candidate from each party. Candidates can declare what party they are affiliated with when they run, as a general right. Although, being a judge should be a non-partisan issue. Judges should keep their party affiliations out of their work.
As of 2017, only 13 states have adopted a nonpartisan
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They also believed judicial independence was needed based on the colonial experience where governors often appointed friends to the bench no matter the person’s qualifications.” Associate Professor Matthew J. Streb of Northern Illinois University. (3)
Some may argue that party affiliation does not impact the highest court judges. Since
Supreme Court judges are nominated by a president and confirmed by the senate. Let it not escape the argument that the senate can be controlled completely by one party. Public trust in the judicial system needs to be common place to ensure a more successful union, partisanship in the judicial branch will waiver that trust. (3) Together with the consideration of alienating times in political history the “common man” will not trust a judicial branch that does not view them impartially.
“Since judges are supposed to be “above politics,” this reform was particularly popular regarding judicial selection. Nonpartisan judicial elections were perceived as a way to clean up corruption and cronyism in the judicial selection process while still keeping judges accountable to the people.”Associate Professor Matthew J. Streb of Northern Illinois University.
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In a typical non-partisan campaign Issue campaigning is typical. That can be combatted by impartial media outlets that have the capacity to research a judge’s past decisions and career for the public. In 2017 it is not that difficult to dig up someone’s past, especially if it's archived, like court cases.
Nonpartisan campaigns do not attract as much funding as partisan campaigns do. (4) leaving any publicity the judiciary receives to be in the hands of impartial (and partial) media, since judges have little funding to advertise, their advertisements will become small scale and down to introductions. This allows the majority of voters, who do not understand how partisanship can play a role on decisions on the bench,(5) the chance to vote for a person not a party. Mean spirited campaign wars only distract from the judges achievements or mistakes as a public servant. To continue to allow partisan judicial campaigns is to allow a growing intent-to- injure of the accountability system of the very democracy these judges are elected to
Despite the overwhelming critics, Texas remains one of several states that keep supporting the concept of partisan judicial elections, where voters cast a straight-ticket vote. In fact, electing judges by the public leads to a number of ethical problems which necessarily require compromise between judicial integrity and independence. Most of the allegations of wrong-doing have caused a number of professional and citizen groups to become disaffected with the existing system.
It is simple to be confused by the federal court judges and their decisions and how they go about them and how they are in their position. Personally, I always thought they were elected by the Supreme Court or someone or something higher than them. But I was very surprised to know that they were appointed (assigned a job or role to). This leaves the judges from having to go through a process of campaigning and running against others. Although by being unelected officials it has both pros and cons. Pros being, that they are trusted enough to handle cases that go to this point and being able to make a decision under the law to better the society. Cons being, if a federal court judge makes any misdemeanor or crime they have the ability to be impeached
The Honorable Jonathan Yates, former deputy general counsel for the Committee on Government Reform and Oversight of the U. S. House of Representatives, writes, “This lifetime term now enjoyed by justices not only contravenes the spirit of the Constitution, it counters the role intended for the court as a minor player in the equal judiciary branch of government. Term limits are needed to adjust the part of the court to the intent of the founding fathers” (Np). Judge Yates explains that the greatest powers of the Supreme Court did not originate from the Constitution or Congress, but from their own rulings (Np). The most prominent of which, was being Marbury v. Madison, in which the court granted itself judicial review, or the power to determine the constitutionality of legislation (Yates). Furthermore, the intended role of the court by the founding fathers was so small, that it did not have a home, or meet to hear any cases (Yates). An amendment to the Constitution removing the lifetime tenure of U.S. Supreme Court judges needs consideration by Congress. Lifetime tenure on the U.S. Supreme Court has led to four points that could not have been foreseen by the creators of the Constitution. The first problem resulting from the Supreme Court’s tenure policy is that judges’ are holding on to their seats, disregarding debilitating health issues. The second issue that has arisen from lifetime tenure is the use of strategic retirement by sitting judges to ensure a like-minded replacement. The third development resulting from lifetime tenure is the steady decrease in case decisions by the U.S. Supreme Court. The fourth and final effect lifetime tenure has had on the Supreme Court is an increase in celebrity status of the judges, which has le...
In conclusion, partisan elections are hindering the election process for judges. The cost of partisan elections is more money than nonpartisan elections. partisan elections are more likely to lead to straight ticket voting, which can cause mindless voting or flawed voting. Partisan elections lead to more campaign contributions and can cause constituencies to interfere. Finally, partisan elections do not equally represent the population. Therefore, partisan elections are inferring and hinder the Texas judge positions more than nonpartisan
Their long term in office liberates judges from partisan burdens and inhibits attacks on judicial power by the executive and legislative branch. Independence gives the judicial branch the ability to guard the Constitution and the rights of the people against the legislature. That means that he believes that the judicial branch is less likely to abuse a person's as compared to the executive or legislative. He felt that judges should have independence from the sanction of the executive, legislature, and the individuals so they can satisfy the judicial qualities defined in the Constitution. The U.S. Constitution offers that federal judges are selected to life term thru good behavior, so the courts can remain independent from the other two
Supreme Court and Court of Appeals judges are elected in nonpartisan statewide elections. Mid-term vacancices are filled by appointment. State law requires that nominees are state residents and have practiced law for a minimum of seven years.
I think that partisan elections help address issues and get the word out to the people, because the candidates have to campaign. This is good because they actually have to go out and talk to the people within the state they are running for. If this was a small town and the people of that town knew who you were and what you have accomplished while in politics, then there is a high probability of getting elected.
In William Hudson’s book, American Democracy in Peril, he writes about different “challenges” that play a vital role in shaping the future of the United States. One is the problem of the “imperial judiciary”. Hudson defines its as that the justice system in the United States has become so powerful that it is answering and deciding upon important policy questions, questions that probably should be answered by our democratic legislatures. Instead of having debates in which everyone’s voices are heard and are considered in final decision-making process, a democratic-like process; we have a single judge or a small group of judges making decisions that effect millions of citizens, an “undemocratic” process. Hudson personally believes the current state of judicialized politics is harming policy decisions in Americans. According to him, the judicial branch is the “least democratic branch”, and ...
ruled by a similar group to that of our Supreme Court because, the members of
The strategic model acknowledges that judges seek to achieve policy goals, but it also acknowledges that they are subject to certain restrictions in doing so. Since they cannot act accordingly to preference, they must act strategically to achieve their goals given by the restrictions. It argues that like politicians, justices make their decisions based off other’s decisions or make their decisions while trying to determine how another person will react from it. This decision style says justices would base their decisions on the influence of other justices.
...appoint Justices to the Supreme Court with a two-thirds vote approval by the House, has been turned upside down. Mitch McConnell, a senior US senator, has prevented Obama’s liberal appointee, Merrick Garland, from even being considered. The refusal to hear from or possibly even consider Obama’s nominee is a bold move by the Legislative branch to gain back lost power from the executive branch. In Federalist Paper No. 51, Madison writes, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next glace oblige it to control itself.” It is the Constitution 's founders who tried to inhibit the abuse of power, but the executive branch has continually stepped over its boundaries, and now the Legislative branch is following in the presidential footsteps.
An advantage of electing judges is that it insures that the judges are loyal to the people
According to A Report issued by the Justice Policy Institute, it showed that in 2002 the number of African American males in prison have grown to five times the rate it was twenty years ago (“Prison”). Many have speculated that reasons the population of African Americans in prison are so high is that the Justice System is corrupted and shows that Racism is alive and well. In some cases they may have been guilty, but there should never be a case were a citizen was striped from their rights and accused of a crime they didn’t commit or was protecting themselves from being killed. The Justice System is corrupted towards the African American race because they are given poor legal representation, death penalty with insufficient evidence and longer sentences than any other races that statistics can show.
The debate over the legitimacy of the role of judicial review in the United States constitutional democracy has been around since the creation of the Constitution. The power of judicial review can be considered antidemocratic because it isn’t directly stated in the Constitution, of the authority of unelected judges and the fact that it sometimes resists the majority. Despite these claims, I believe judicial review is a constitutional doctrine, which arose from the historical process of persuasive reasoning in rulings, institutional prestige, the cooperation of political branches, and general public opinion.
Robert N. Clinton, ‘Judges Must Make Law: A Realistic Appraisal of the Judicial Function in a Democratic Society’ [1981-1982] 67 Iowa L. Rev. 711 http://heinonline.org/HOL/Page?handle=hein.journals/ilr67&div=38&g_sent=1&collection=journals accessed 12 February 2012