6 - The Federal Judiciary: Politics, Power, and the "Least Dangerous" Branch
Judicial Independence from Money and Politics
Alexander Hamilton's Argument for Judicial Independence
Federalist No. 78: Hamilton emphasized the necessity of an independent judiciary for preserving liberty and maintaining the constitution's checks and balances.
Lifetime Appointment and Salary Protection: Proposed to ensure federal judges' independence from external pressures.
State Judicial Elections and Challenges
Introduction of Judicial Elections: Driven by 19th-century populist reformers to counteract perceived biases from legislative and gubernatorial appointments.
Election of Judges: Unique to the United States, with almost 90% of state judges facing elections. Thirty-eight states elect their supreme court justices.
Rising Concerns Over Judicial Independence
Impact of Financial Contributions: Increasing funds from special interests raise questions about judges' impartiality.
Sandra Day O’Connor's Warning: Highlighted the growing crisis of confidence in judicial impartiality being compromised by political and special interest influences.
Judicial Campaign Funding Trends
Increase in Campaign Funds: State supreme court races saw a significant rise in funds from the 1990s to the 2000s.
Dark Money: Notable increase in undisclosed donations, raising transparency and impartiality issues.
Caperton v. Massey Coal Co. Case
Background: The case focused on undue influence from campaign contributions to judicial decisions.
Supreme Court's Decision: Ruled that extraordinary contributions can create a conflict of interest, requiring recusal to ensure due process.
Sotomayor's Appointment to the Supreme Court
Federal Judges' Appointment Process: Designed to insulate from political pressures similar to the Blankenship case.
Obama's Nomination of Sotomayor: Aimed to maintain the ideological balance of the Court, but still politically contentious.
Senate Confirmation: Sotomayor's appointment confirmed despite political challenges, highlighting the intertwining of judiciary appointments with politics.
The Constitution and the Federal Judiciary
Overview of the Federal Judiciary's Creation
Constitutional Convention Focus: Lesser emphasis on judiciary compared to legislative and executive branches.
Judiciary Independence and Lifetime Tenure: Aimed at ensuring a judiciary independent from Congress and the President.
Article III: Structure and Powers
Supreme Court Establishment: The Constitution directly establishes only the Supreme Court, leaving Congress to create lower courts.
Judicial Power Scope: Extends to all cases arising under the Constitution, U.S. laws, and treaties.
Jurisdiction Types:
Original Jurisdiction: Authority to hear a case first.
Appellate Jurisdiction: Authority to review lower court decisions.
Ratification Debates: Federalists vs. Antifederalists
Antifederalist Concerns: Feared a powerful judiciary undermining state and individual rights.
Federalist Reassurance (Federalist No. 78): Hamilton argued the judiciary would protect rights and liberties without threatening liberty.
Building the Judiciary: Judiciary Act of 1789
Judiciary Act of 1789: Established the structure of the federal judiciary, including the Supreme Court and lower courts.
Supreme Court Justices: Initially set to six, but has been nine since 1869.
Appointment to the Federal Judiciary
Nomination and Confirmation: Judges are nominated by the President and confirmed by the Senate.
Partisan Political Battles: Recent years have seen increased contention, especially for Supreme Court nominations.
Politics and Supreme Court Nominations
No Set Qualifications: Federal judges do not need to be lawyers.
Presidential Opportunity: Supreme Court vacancies offer a chance to influence policy.
Considerations for Nominees: Legal experience, ethical integrity, and political considerations play significant roles.