Instructions:-Explain how the nomination and appointment of federal judges differs from Supreme Court Justices. As well, explain how does the selection and length of terms differ between Supreme Court Justices and members of Congress.
Judicial Systems in the United States of America
The US constitution stipulates that there be two types of courts within its boundaries. State courts are usually established by the state, and the federal courts are formed by the obligations of the US constitution, primarily for deciding disputes that involve laws and constitution passed by the Congress. The federal courts are concerned with a limited number of cases; it includes cases that affect the nation as a whole and some cases like cases of the patent, bankruptcy, copyright and so on. On the other hand, state courts have a broader jurisdiction as they deal with cases concerning citizens of the US such as broken contracts, traffic violation, and robberies and so on (Choper, 2013). This paper will explain how nomination and appointment of federal judges are different from Supreme Court justices. Also, it will review on the differences in selection and length of terms of the members of Congress and Supreme Court Justices.
Appointment and Nomination of Federal Judges and Supreme Court Justices
The US has a federal system of administration where power is shared between the state government and the federal government. The federal judges are nominated through President’s acknowledgment coupled with a confirmation from the Senate (Rutkus, 2005). Also, Article III, Section 1 of the US Constitution explains that the federal judges can stay in office for life only if they possess good behaviors. Otherwise, federal judges can be removed from office by impeachment proceedings of the Congress if they misbehave or show inconsistency. In contrast, state court judges are selected in various ways such as through an election, appointment by years to serve, life or a combination of these methods trailed by an election. Therefore, the process of appointment and nomination of both judges is entirely different, so as the categories of cases they handle.
Moreover, the President of the United States will select federal judge then the Senate will have to confirm the appointment. The president nominates individuals by their ideological views as the constitution has no set qualification requirement criteria for one to serve as a justice. The president primarily considers factors such as political dogma, experience, personal and party loyalties, gender and ethnicities in nominating a justice.
The state judges are appointed and designated by the respective governor of a given state. A legislation committee is formed after an appointment by the governor which later on confirms the state judge by past performance. Notably, some states undergo preservation elections so as to decide if a state judge should continue serving. Consequently, judges who are selected through partisan elections are voted in by the constituency and they run as part of a slate of the aspirant of the political party. Judges who are non-partisan but want to run on the judicial position are supposed to list their details on the poll, but they do not specify their party links (University of Groningen, 2012).
Selection and Length of terms of the Members of Congress and Supreme Court Justices
The duration of the term of the Supreme Justice equity is usually six
years. United States Congress comprises of two houses namely; the Senate and
the House of Representatives. Both the members are chosen through the direct electoral process, and they are either partnered to Democratic Party and
Republican Party. House of Representatives members serves a two-year term as representatives of a district populace.
Alternatively, Senators serve a six-year term and in this way, with terms
stunned, at regular intervals, roughly 33% of the Senate is up for an election. However, both members of the Congress can be
elected in an unlimited number of times.
Choper, J. H. (2013). Judicial review and the national political process: A functional reconsideration of the role of the Supreme Court. New Orleans, Louisiana, United States of America: Quid Pro Books Publishers.
Rutkus, D. S. (2005, July 6). Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate. Retrieved August 2013, 2016, from U.S Department of State: http://fpc.state.gov/documents/organization/50146.pdf
University of Groningen. (2012). Qualifications of Members of Congress. 2012. Retrieved August 23, 2016, from University of Groningen: http://www.let.rug.nl/usa/outlines/government-1991/the-legislative-branch-the-reach-of-congress/qualifications-of-members-of-congress.php