TOPIC #13 — THE JUDICIAL BRANCH: APPOINTMENT, TENURE,

AND PHILOSOPHIES

Q1.     Does the Constitution (or federal law or custom) prescribe qualification for federal judges? How are federal judges selected and appointed? What is their term of office?

Q2.     How should we interpret the exercise of judicial review? What is “judicial activism” vs. “judicial self-restraint”? “Loose construction” vs. “strict construction” (or “original intent”). Do “liberals” and “conservatives” have consistent and differing evaluations of judicial review?

Judicial tenure:

          permanent tenure (during “good behavior”)

                     Hamilton, Federalist 78 [and see over]

          impeachment and removal

Judicial selection and appointments:

          qualifications and backgrounds

          Presidential nomination plus Senatorial “advice and consent”

                     "Senatorial courtesy"

          philosophy and “litmus tests”

Interpretation of judicial review

          "mechanical view" (Justice Owen Roberts) vs. "legal realism"

          "judicial self-restraint" vs. "judicial activism"

                     stare decisis

          "strict construction"/"original intent"/not “legislating from the bench” vs. "loose construction"/”living Constitution”