CHAPTER 18SECTION 1

DAY 2

Federal Judges

Starter

Question: Who nominates the Judges of the Supreme Court?

Objective

Students will be able to1) Outline the process for appointing federal

judges, and list their terms of office; and2) Understand the impact of judicial

philosophy.

Vocab

Judicial restraint: the philosophy that judges should decide cases based on the original intent of the lawmakers and on precedent

Precedent: prior judicial decision that guide rulings on similar cases

Judicial activism: the philosophy that judges should also take current social conditions and values into account when deciding cases

Classified Ad Assignment (Partners)

Write your own ad for an open justice position on the Supreme Court. What do you think the qualifications should be? Ads must include the following:

1) Duties/Roles/Responsibilities 2) Skills needed3) Experience/Qualifications necessary4) Compensation5) Other Benefits

Federal Judges

The President appoints federal judges and the Senate confirms or rejects them.

Judges on the constitutional courts are appointed for life and can be removed only through impeachment.

Judge Maryanne Trump Barry, U.S. Court of Appeals, Third Circuit

Can a Baby be a Supreme Court Justice?

Answer

Yes; There are no constitutional qualifications for being a federal judge. That is, the Constitution sets no age, residence, or citizenship requirements for federal judges; nor does it require judges to be lawyers.

Should it?

Today

It is now customary for federal judge appointees to have legal backgrounds, prior judicial experiences, and to belong to the same political party as the President.

Only 4 of the 112 SC justice have been women (first in 1981); 1 Hispanic; and 2 African-Americans.

Impact of Judicial Philosophy

Judicial selection is also impacted by judicial philosophy, mainly:

Judicial restraint (more conservative approach); and

Judicial activism (more liberal approach).

Just know, that a judge’s judicial philosophy will impact his/her decisions. [E.g., right to privacy]

Terms

Lifetime appointment (until they die, resign, retire, or are removed after impeachment);

Judicial Pay

“Congressional inaction (not raising judicial pay) in the face of this situation is grievously unfair. . . . Inadequate compensation directly threatens the viability of life tenure, and if tenure in office is made uncertain, the strength and independence judges need to uphold the rule of law—even when it is unpopular to do so—will be seriously eroded. . . . [The dramatic erosion of judicial compensation will inevitably result in a decline in the quality of persons willing to accept a lifetime appointment as a federal judge.”

- Chief Justice John Roberts (2006)

Questions

Video

Judge