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Unformatted text preview: Hist 128 11-19-05 Opposition to Permanency In the Federalist article 78, A View of the Constitution of the Judicial Department in Relation to the Tenure of Good Behavior, 1 Publius writes, “all the judges who may be appointed by the United States are to hold their offices during good behavior.” 2 A judge’s permanency on such mild terms is a flawed idea and should not be put into effect. Leaving a judge in office indefinitely will lead to distorted power in the judicial system and unhappy people in the states. As the laws, people, and our country changes; so should our judges. The basis of this new government is that the people are the power; giving a judge an undetermined amount of time in office rips the power from their hands. Limiting a judge’s time in office to a set term would provide a more balanced system. The first argument against having a judge’s terms be permanent is that without bringing in new people, our judges will not be able to fully represent the people. As time goes on, our laws and people will change and progress; as they adjust, judges need to do so as well. It is necessary for our country to have new judges periodically throughout time in order to put a check on their control. After stating that the continuation of the judicial authority would be the most valuable improvement in government to this day, Publius compares this to the monarchy 3 of which we are striving to become independent from. By mimicking the systems of those we are fleeing from, all we will accomplish is becoming like 1 Alexander Hamilton, James Madison, and John Jay, The Federalist, ed. Jack N. Rakove (Boston, MA: Bedford/St. Martins, 2003), 197. 2 Federalist, 197. 3 Federalist, 197. 1 them; having our people run from our newly established government. Addressing the idea of good behavior, this should not be how one stays in office. By simply obeying the laws, a judge could stay in office until he dies or resigns. It should not be this way, this creates an unbalanced system. Writing of good behavior, Publius said, “Its this way, this creates an unbalanced system....
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This note was uploaded on 04/16/2008 for the course HIST 128 taught by Professor Webber during the Fall '07 term at Kansas.
- Fall '07